Welcome to the March edition of our newsletter, keeping you up to date with all the latest legal news. Default Retirement Age Changes - How are you affected?
The abolition of the Default Retirement Age is only two weeks away so do not delay! If you have employees that have already attained 65 or will do so on or before 30th September 2011 then consider your succession planning now. A failure to do so will leave you burdened with implementing performance management procedures for employees over 65 which must be objectively justified. The abolition of the DRA is predicted to lead to a huge upsurge in age discrimination claims. Do you want to be the victim of such a claim against your business? Read more below.
Advertising Standards: Is your online material compliant?
If you run a business and market it online via a website, blog or social media platforms, you will be affected by the extension of the remit of the Advertising Standards Authority (ASA) which came into effect on 1st March 2011. The online remit of the advertising industry watchdog has been extended to cover marketing messages on all non-paid for platforms, following the same standards policed throughout paid online marketing, broadcast, display and print media. In short, this means your website, blog and platforms such as Twitter or Facebook must not carry promotional messages which are misleading, offensive or unclear. If you are in any way unsure as to what’s allowed and what’s not, or how the extended regulations may affect you, speak to us. There are also special rules involved when marketing to children and it’s vital your material complies.
Mandatory Mediation for Divorcing Couples
Divorces can get bogged down in minor details which in turn can put a strain on the courts. In an attempt to avoid this, the government has announced measures which aim to reduce wasted time and money during divorce hearings. If you file for divorce, you will from April 2011 onwards be required to talk to a professional divorce mediator before going to court to iron out minor details which can put unnecessary strain on emotions, finances and time. Those considering divorce will be required to provide evidence of this mediation session before the case will be accepted by the courts.
Auto-Renewals: Beware!
If you’ve ever subscribed to a service online, for example internet security or even online dating, you probably think, like most people, that by entering your payment details you’ll be parting with a one off charge, for whatever period the service covers. However, in most cases, what’s actually happening is you are signing up to services ongoing which will be automatically charged after a month, quarter or year, unless you take steps to cancel them. These steps often involve logging into an account area, or sometimes, calling a customer service helpline – in other words, they don’t make it easy for you! It’s also worth watching out for auto renewals on other types of policies, such as insurances, as quite often that golden deal you got when you first signed up will suddenly multiply once the policy renews, so it’s worth shopping around for comparative quotes. Sometimes you may even find your current provider will match a better quote to keep your business, but if you don’t ask, you don’t stand a chance of getting!
As usual a selection of this month’s latest legal stories are summarised below, and of course there’s more on our website which is updated several times throughout the month
Neves News
 We are very pleased to announce this month that Senior Associates Jane Joseph, Beth Woodward and Stewart Matthews have all been promoted to Partner. Read our website announcement by clicking here.
Peter Kelly this month once again agreed to sacrifice himself in the name of charity by taking part in the Interhealth Cycle to Care Challenge, which took place on Saturday 19th March. For Peter's review of his performance click here.
Well done Carly Inskip (of our Milton Keynes office) who this month successfully passed a further phase of her Licensed Conveyancer qualification.
Very well done also to Jenny Duckett, a trainee solicitor in our Family Department, who this month has had her first article published in the Grandparents Times. Read Jenny's article on Post/Pre nup agreements below.
Finally, we are participating in this years InsideEx business exhibition on 25th March 2011 to be held at the StadiumMK, Milton Keynes. If you are in the area pop in and see us on our stand. For more information click here. | 
Clauses limiting liability under contracts are not exactly popular, which is why a company is celebrating after a recent case ruled that an IT consultant company’s limitation clause did not excluded them from losses which ran into tens of millions following their installation of an IT based billing system. Although successful in this instance, you should never enter into such a large contract without taking legal advice so as to reduce your commercial risk. The full story is on our website.
HMRC is coming down hard on property owners who claim tax relief, as one homeowner has recently found out to his cost. HMRC challenged the property owner to prove that a flat he owned between 1999 and 2004 was his principle private residence (PPV) once he failed to declare gain on sale profits of £70,000 after letting the property. Despite claiming he owed no capital gains tax, he could not provide any documentary evidence to prove it was his PPV and now faces a raft of hefty tax and legal bills. This case, which you can read in full on our website, shows the importance of understanding tax laws in relation to second properties. Speak to our experts for essential tax advice.
Making an application for probate has many pitfalls, and time and time again the same mistakes are made by those applying to the Courts. To counter these small but ultimately time consuming mistakes, the Court Service has published further guidelines which are outlined in their Inheritance Tax and Trusts Newsletter, which can be accessed via our website. If you want to ensure an estate of which you are the executor is dealt with efficiently, our experienced probate team will be pleased to assist you.
