Welcome to the September edition of our newsletter, keeping you up to date with all that matters in the legal world.
Neves News
The nights are drawing in and the summer weather (if we had any!) is a distant memory, but Simeon Clipstone recaps on a season of success with his youth cricket team. Click here to read his report. Caroline Hume has once again dusted off her walking boots, this time to support her 19 month old son Isaac. Read Caroline's report by clicking here. Neves are once again looking to recruit a top quality trainee to join our team, starting in January 2012. Over the years we have been very lucky to receive many very good applications and we are hoping to continue in this trend. If you or anyone that you know is looking for a training contract then please visit the careers page on our website. Our family solicitors Mary McEvoy and Beth Woodward are organising, with other solicitors and professionals, a Speed Networking event which we believe will be of interest to those of you who are running businesses or providing services of any kind. For further details click here . Advance Notice
As you may have noticed over the last few months we have included a number of articles on our website from Financial Advisers, Business & Personal Investment Limited (BPI). This series of articles will culminate in a seminar jointly presented by BPI and Neves to take place in Milton Keynes on 3rd November. The seminar will be covering areas including: "The New Pension Regulations - Is your business ready?"; "Cross Option Agreements - what would happen if your business partner died?"; and, "Alternative Sources of Capital - borrowing from your pension fund". Further details will be appearing on our website over the next few weeks, but if you would like to attend then please register your interest by clicking here. Covering Long Term Care Fees
Further information appears on our website this month from financial advisers Business & Personal Investment Limited turning the spotlight onto the issue of Covering Long Term Care fees. Please click here to read their article. Our round up of the top legal stories this month follows and you can keep up to date with all the latest legislation changes and cases by visiting our website which is updated throughout the month. | 
If you are a restaurant owner you had better make sure that all takings and tips have been declared, as HM Revenue and Customs (HMRC) has announced a probe into the under-recording of takings and cash tips at restaurants of all sizes. Restaurants, take-aways and other food establishments should be prepared for unannounced visits if HMRC believes that tax discrepancies are occurring. In serious cases, HMRC have been known to bring criminal charges which in turn can lead to potential asset confiscation. Read this story in full on our website and if you are concerned about your tax affairs, contact us for advice.
Company directors can be party to confidential information and can make any requests for information so long as it is judged to be reasonable. However, as one recent case shows, revealing this information to a new employer is not always legal. The principle that a director owes a duty of good faith to his company is well established and in this instance the High Court granted a former employer a ‘perpetual injunction’, banning the ex-director from disclosing specified information regarding a product after the two parties became involved in a dispute over shares. If you are engaged in a dispute with fellow directors or fear that your company may be damaged by the activity of an employee, seek legal advice without hesitation. 
Just because something is missing or spelt incorrectly within a legal contract, does not necessarily mean liability is automatically removed, as a recent case proves. A farmer sought to avoid an estate rent charge for roads and sewers when the covenants in the land transfer documents contained errors and omissions. The decision was taken, however, that the documents had to be construed to give effect to the ‘missing covenant.’ Common sense will nearly always prevail in such cases. Leave all contracts and documents in the hands of a legal expert so that simple mistakes and errors are avoided in the first place. Read this story in full on our website.
Neighbourly disputes are, in most cases, resolved without the need for the courts to get involved. However, as one homeowner found out, if disagreements do get that far it can end up costing you dearly if in the wrong. In one case featured on our website, a Devon couple face paying £20,000 in court and re-erection costs after a judge ruled a fence had been erected just a few inches the wrong side of their land boundary. Such disputes may sound petty but they are common. By seeking legal advice before things got out of hand the fine could have been avoided. For advice on land or civil disputes, speak to our legal advisers. 
From time to time, there is an incident reported in the news about an animal having attacked someone or having damaged property. But what is your liability if it is your animal involved? Under the Animals Act 1971, there are three tests that determine the liability of the owner which focus on whether the actions were ‘likely to occur’ or whether they were ‘foreseeable.’ These are complex issues which centre on the characteristics of the animal in question and assessing liability can be problematic. If you have been injured or had property damaged by an animal, or if your animal has caused damage or injury, always seek legal guidance without delay. You can read more about the Animals Act 1971 and the three tests in detail on our website. 
Whilst the Internet, tweeting, blogging and the like have revolutionised the way we communicate with one another, some estimates report that misuse of social networking tools by employees at work costs the British economy billions of pounds a year and increases the risk of problems with cyber-bullying, freedom of speech and the invasion of privacy.
