Author Archive Michael Morrison

ByMichael Morrison

Tier 1 Visa – Immigration

The Tier 1 Visa usually secured by an investment of £2,000,000 or more in government bonds has been suspended temporarily due to fears of money laundering. Most of these type of visas have been issued to Russian or Chinese nationals. A new legislative regime is currently being considered.

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ByMichael Morrison

Commercial Property Surge in Central London

Central London has seen a large uptake in office space over the past four weeks. This has been dominated by the creative industries such as advertising and public relations agencies and fintech firms. Figures are up by almost one third on October last year. Off plan leasing deals have also increased dramatically with more than half of the buildings currently being built having deals undergoing due diligence by London solicitors.

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ByMichael Morrison

Special Offer On Conveyancing

Due to the recently recorded fall in established landlords entering the property market making buy-to-let investments there are unrivalled opportunities for new entrants. This has been perceived by a drop in serial investors mortgage approvals by more than half over the last quarter.

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ByMichael Morrison

Commercial Solicitors Merge

Two international substantially commercial firms are likely to merge that if successful would create the largest listed firm of solicitors in the country. Further details will be divulged if and when it completes.

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ByMichael Morrison

Property Buyers are Returning to the City

Just under £1.4bn has been invested in commercial property in the City’s square mile from January to July this year which was practically the total invested in the area last year. Significant deals in the range of £250m have been completed amid a general air of confidence. Much of this purchasing activity has been carried out by UK fund managers.

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ByMichael Morrison

Divorce – How easy is it?

The Supreme Court reminded us last week of the difficulties of obtaining a divorce when it is opposed.

Grounds for divorce

When you apply for a divorce you’ll need to prove that your marriage has broken down. You’ll need to give one or more of the following 5 reasons known as the grounds for divorce:-

Adultery

Your husband or wife had sexual intercourse with someone else of the opposite sex.

The law recognises the act of adultery as sexual intercourse between a man and a woman.

You cannot give adultery as a reason if you lived together as a couple for 6 months after you found out about it.

Unreasonable behaviour

Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.

This could include:

  • physical violence
  • verbal abuse, such as insults or threats
  • drunkenness or drug-taking
  • refusing to pay for housekeeping

Desertion

Your husband or wife has left you:

  • without your agreement
  • without a good reason
  • to end your relationship
  • for more than 2 years in the past 2.5 years

You can still claim desertion if you have lived together for up to a total of 6 months in this period.

You’ve been separated for more than 2 years

You can apply for a divorce if you’ve been separated for more than 2 years and both agree to the divorce.

Your husband or wife must agree in writing.

You can be separated while living in the same home as long as you’re not together as a couple (for example you sleep and eat apart).

You’ve been separated for at least 5 years

You can apply for a divorce if you’ve been separated for at least 5 years, even if your husband or wife disagrees.

www.gov.uk

 

 

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ByMichael Morrison

Employment Law – Settlement Agreements

On the 13th June 2018 the Supreme Court gave judgment that a plumber could claim to be a regular worker despite being described as self – employed in his contract. As he had to use the firm’s van for call outs and had to work for a prescribed amount of time weekly he was under the firm’s direction, subordinate to it and an integral part of the operation.

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ByMichael Morrison

House Prices Are Falling Month on Month

The cost of purchasing a home in London is now double that of the rest of the country; yet prices nationally have been decreasing over the past three months.

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ByMichael Morrison

Statutory Demands Court Orders Bankruptcy Insolvency

Statutory demands are usually issued as a strong arm tactic to obtain funds from someone as the fear of an impending bankruptcy petition usually works. The courts do not encourage their use as a means of enforcing a judgement. Today the debt has to be in excess of £5000 for a petition to be issued. The demand can be made on any of the available forms as this will not effect its validity. After the demands service, by a process server, 21 days have to be allowed to give the debtor time to either pay or negotiate a settlement to the satisfaction of the creditor. A petition for bankruptcy has to be served within 4 months of service of the demand. The debtor can if good reason exists apply to the court to set aside the demand within 18 days of it service. However if the sum demanded is that which has been ordered by a court to be payed to the creditor and the debtor has applied for permission to appeal in good time or an appeal is underway then:-

Rule 10.24(2) of the Insolvency (England and Wales) Rules 2016 provides:-

‘If the petition is brought in respect of a judgment debt, or a sum ordered by any court to be paid, the court may stay or dismiss the petition on the ground that an appeal is pending from the judgment or order, or that execution of the judgment has been stayed.’

This is an important defence and may be sufficient to deter even the most litigiously well resourced creditor. However it should be noted that the mere issuance of a bankruptcy petition by the court has the effect of a notification being sent by the court to the Chief Land Registrar who will make entries to the effect on any Land Registry entries that the alleged debtor may have (i.e. property ownership) which will also effect any charges e.g. by mortgagors that are registered. Therefore a bankruptcy does not have to be granted, when full restrictions will be notified to the Chief Land Registrar, for entries to be made to the register that may subsequently need to be removed.

 

 

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ByMichael Morrison

Employment Matters – Bonuses, Salary, Restrictive Covenants, Equity and Tax

When considering employing at a senior level today the employer has to ensure that the contract takes into account the following issues:-

i) Bonuses and the form they take, as well as the salary

ii) Notice periods

iii) Restrictive covenants

iv) Equity and tax

 

 

 

 

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