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Figures by the Royal Institution of Chartered Surveyors show that sinkholes are on the rise. In fact it was only last year that a sinkhole opened up in a driveway in High Wycombe, swallowing the occupant’s car whole, while it sat in front of the house. Continue reading “Sinkhole Danger, when the ground opens up…”
Author: Amarjit Atwal
Amarjit Atwal currently works in our conveyancing department.
What You Need to Know about Minimum Wage Changes.
From 1 October 2015 individuals on the National Minimum Wage will benefit from a 3% increase. The minimum wage changes are coming into force after recommendations by the Low Pay Commission and provide benefit to individuals of all ages. Continue reading “What You Need to Know about Minimum Wage Changes.”
The Top 3 Most Complained About Adverts of 2014
At Aston Bond, our experienced team of solicitors know that when creating an advert, it is important to adhere to the strict guidelines and laws governing what can be advertised and how. Continue reading “The Top 3 Most Complained About Adverts of 2014”
What do I do if my buyer doesn’t complete?
When buying or selling a property, it is important to adhere to the contractual date and time for completion. Failure to do so, particularly where a chain of transactions is, can lead to chaotic results.
If a buyer fails to complete, you can pursue various remedies such a court order for specific performance, or an order for sale in the county or high court. If you wish to pursue a remedy in equity, you can also apply for an order for specific performance. Ultimately it will depend on what your end goal is. Continue reading “What do I do if my buyer doesn’t complete?”
Clamping down on sham marriages
The government is cracking down further on sham marriages from 2 March 2015 when a new referral and investigation scheme will come into force pursuant to Part 4 of the Immigration Act 2014.
The Home Office needs to be notified if an individual wishes to marry someone who is not an EEA national and has limited or no immigration status in the United Kingdom.
This notice will last for 28 days and must be given at a register office, prior to a marriage. Should the Home Office have reason to suspect that the marriage is not a genuine marriage, they will be able to extend the notice period to 70 days, to undertake further investigations.
This scheme is being extended to Scotland and Northern Ireland from 2 March 2015.
For more information, please see the House of Commons Written Statement.
Got an immigration query? Call us today on 01753 486 777 or visit our offices at Windsor Crown House, 7 Windsor Road, Slough, SL1 2DX.
Amarjit Atwal, Trainee Solicitor
aatwal@astonbond.co.uk
Social media spying – a step too far?
Social media has come under fire in recent days after the revelation that the perpetrators of the murder of soldier Lee Rigby could have been prevented from carrying out their atrocious crime, merely if their social media activity had been more closely monitored.
Facebook allows users to report any offensive content on the site, and claims to take all reports very seriously. The social media giant claims to have deleted various profiles created by one of the murderers of Lee Rigby as they had been flagged up as promoting terrorism. Questions are now being raised as to whom undertakes this form of monitoring and how often it is undertaken, seeing as Facebook alone now has a total of over 1.2 billion users worldwide.
However, it is clear that a balance needs to be found between not monitoring suspicious activity closely enough, and monitoring other forms of private information that is exchanged between social media users. Earlier this year Edward Snowden claimed that governments were undertaking mass surveillance of citizens through their online activity, which they labelled as ‘external communications’.
It remains to be seen just how far online monitoring, or ‘spying’ as some may call it, can be taken. It is vital however, that the correct balance is found in order to promote the underlying aim: to make citizens feel safe.
Amarjit Atwal, Trainee Solicitor
aatwal@astonbond.co.uk
Trademark confusion
Trademark confusion
When registering trademarks, creators will want to trademark a catchy brand name, and create something that will draw in customers and be associated solely with their product. However, with the vast amount of products and services available to the public, it is often quite hard to find something that is unique. It is important not to choose names that sound too similar to other names, or else consumers may become confused about the two names and their products or services.
In the recent case of Laboratoires Polive v Office for Harmonisation in the Internal Market (Case T-77/13) the General Court held that two trademarks that consisted of one word each, with three matching letters – DODIE and DODOT – were not similar enough to potentially confuse the public.
While Dodie was a name for a baby toiletries brand in France, Dodot was a name for a wider range of baby products, ranging from prams to baby brushes, in Spain. The Court held that both trademarks were not visually similar, as neither the ‘ie’ for Dodie or the ‘ot’ for Dodot are common in Spanish. The rhythm of pronunciation of the two names are also different, and thus it is unlikely that the French or Spanish public would be confused between the two brands.
This judgment shows that it is not merely enough to have a similar or same prefix to two names to create a similarity. Even if two brand names have the same prefix, courts will assess the nature of the products or services offered by the brands, the ease of pronunciation in the respective countries, and the way in which the words are pronounced.
For all your business needs, contact Aston Bond solicitors today on 01753 486 777 or by coming to our offices at Windsor Crown House, 7 Windsor Road, Slough, SL1 2DX.
Amarjit Atwal, Trainee Solicitor
aatwal@astonbond.co.uk
Is YOUR Section 21 Notice valid?
Landlords wishing to evict their tenants using a section 21 notice must be aware of the creation of periodic tenancies, which can prevent section 21 notices from being valid.
Periodic tenancies automatically arise when the fixed term expires, and this technically creates a whole new tenancy.
Because of this, the deposit protection regulations apply anew, and as a landlord you must provide your tenant with the correct prescribed information under section 213 of the Housing Act 2004.
While it is prudent to get your tenant (and anyone else who may be paying the deposit) to sign this document, they do not have to. You must bring it to their attention, however.
By following these simple steps, any section 21 notices that you thereafter serve upon your tenant will be valid, subject of course to the s21 notice satisfying all other requirements
A failure to re-lodge the deposit and/or provide your tenant with the prescribed information can prevent you from obtaining possession of your property, and can even lead to a penalty of 1-3 times the value of the deposit.
To speak to one of our specialist landlord and tenant solicitors, please call 01753 486 777 today and we would be delighted to talk to you.
Amarjit Atwal, Trainee Solicitor
Time off for antenatal classes
A pregnant woman’s partner will, from 1 October 2014, be entitled to attend ante-natal appointments by taking unpaid time off work as per guidance produced by the Department of Business, Innovation and Skills.
This is limited to only 2 ante-natal appointments, lasting 6.5 hours per appointment. Employers will be entitled to ask the employee for a declaration stating the details of the appointment, such as date and time. However, they cannot ask for any evidence of the appointment.
This guidance covers individuals who may be in same-sex relationships and even surrogate parents. The individual in question does not need to be the biological father of the child.
Refusal to allow an employee time off to accompany their partner can lead to employees bringing Employment Tribunal claims, and Tribunal can order the employer to pay compensation amounting to twice the hourly rate of pay for each of the hours that the person could have taken off, if they were allowed this right.
If you need employment advice, please contact our team of experienced solicitors on 01753 486 777 or alternatively come down to our offices at Windsor Crown House, 7 Windsor Way, Slough, SL1 2DX.
Amarjit Atwal, Paralegal
Tribunal fees: pricing individuals out of the justice system?
Statistics published by the Ministry of Justice on 11 September 2014 show that the amount of people bringing claims in the employment tribunal has decreased rapidly in the last year.
Single claims in the tribunal were down by a whole 70% in the periods between April and June 2014 compared to the same time last year. This substantial decrease in the number of claims can be linked to the new fee system that was introduced last July.
In addition to the imposition of new fees, since April 2014 it has become mandatory to contact Acas prior to bringing a claim at tribunal. This is in a bid to encourage early conciliation.
Frances O’Grady, the TUC general secretary, claimed that although early conciliation, as encouraged through Acas, is enabling cases to be resolved prior to issuing employment tribunal proceedings, it “can’t explain such a large fall in the number of employment tribunals”. She has also called for court fees to be scrapped.
Indeed, it seems as though the introduction of employment tribunal fees of up to £1,200 have deterred many prospective claimants.
An alternative view, as championed by Shailesh Vara, justice minister, is that the introduction of fees is a positive change as it deters vexatious litigants from bringing claims. Mr Vara said ‘hardworking taxpayers should not be picking up the bill for reemployment disputes in tribunals’.
Although this may be the case, it is clear that imposing high fees can price individuals out of the justice system. In response, shadow Business Secretary, Chuka Umunna has even proposed abolishing all employment tribunal fees.
However it is clear that the introduction of the new Acas early conciliation process coupled with the introduction of court fees has made a noticeable impact on the amount of claims reaching the employment tribunal. Whether this impact is positive or negative is yet to be seen.
Amarjit Atwal, Paralegal