Rishi Sunak – Britain’s first Asian Prime Minister

Rishi Sunak is to become Britain’s 57th Prime Minister after both Boris Johnson and Penny Mordaunt pulled out of the race to be the next Tory leader.

He will be Britain’s first non-white Prime Minister as well as the youngest Prime minister in more than a century.

The ex-chancellor gained the support of well over half of Tory MPs, with Mordaunt struggling to reach the threshold of 100 MPs to get on the ballot.

Ms Mordaunt tweeted ‘This decision is an historic one and shows, once again, the diversity and talent of our party. Rishi has my full support’.

Sunak has vowed to ‘fix the economy’ having previously been critical of Liz Truss’ economic policies.  In a statement made on Sunday, he promised ‘There will be integrity, professionalism and accountability at every level of the government I lead.’

He now has the daunting task of leading the nation through an economic crisis with public finances, high inflation, stretched public services, industrial unrest, soaring energy bills and even the possibility of blackouts in the new year.  But, he is at least familiar to most as the economic face of Covid having been responsible for the Furlough scheme and the “Eat out to Help out” campaign which came later.

The new PM is expected to take office within the next few days now the result of the Tory leadership contest has been confirmed.

We here at Aston Bond welcome our new prime minister and hope he can bring stability to our economy in what has been a turbulent year for the country. 

The shortest serving PM in UK history

44 days of chaos, U-turns and an economic vision shattered.

Liz Truss has resigned as prime minister after just 44 days in the office. She will go down in history as the shortest serving prime minister in UK history.

Her time in office has been defined by two major events: the death of Queen Elizabeth II, just two days after Truss entered No 10, and the mini budget delivered by Kwasi Kwarteng.

Entering Downing Street, Liz Truss promised Tory members she would turbocharge the economy with billions of pounds of unfunded tax cuts.

But faced with market turbulence following the “mini-budget” and a an unequivocal lack of confidence, she has now become the shortest-serving prime minister.

The disastrous fallout from her mini-budget (including the Bank of England’s intervention and the steep drop in the value of the GBP) has meant that she has louder and louder calls for her resignation.  Until now, she has resisted but has been unable to hold on any longer in the wake of the public’s regard for her and the Conservative party generally.

On the steps of Downing Street, the PM told the nation that she recognised, ‘Given the situation, I cannot deliver the mandate on which I was elected by the conservative party.’

A leadership contest is now underway to decide the next head of the ruling Conservative Party, who will by default become the next prime minister, and will conclude next week.

We here at Aston Bond are keen to see the economic health of our country return to some semblance of normality in this difficult time hope that our next ruling prime minister is able to effect a positive change.

Lubna Shuja makes history.

Lubna Shuja made history on 12th October when she became the 178th President of the Law Society of England and Wales.

Lubna is the first Asian, first Muslim and the seventh woman to be president of the Law Society in it’s nearly 200- year history.

Lubna has been a member of the Law Society Council since 2013, currently sitting on the Society’s board and chairing its Strategic Litigation Group.  She previously served as the inaugural Chair of the Law Society’s Membership and Communications Committee (2018-2021).

‘I am honoured to serve as Law Society president. I take on the role at a difficult time for the legal profession’, Lubna said.  ‘The rule of law has been in the spotlight as never before in recent history. The UK’s economy is on a knife- edge and businesses are having to deal with rising interest rates and high inflation’.

In her 30 years as a solicitor, Lubna has witnessed a lot of positive change but recognises the need for further strides to be made to ensure equity for all within the profession.

Lubna will take action to break down barriers that face people across society who are trying to access the profession or further their careers. This includes working with the Solicitor judges’ network to promote alternative career paths.

She will continue to advocate for lawyers at risk overseas. As well as planning to engage with organisations internationally with a focus on exploring new markets and opportunities for Law Society members.                                                                                                                                                                

Having worked in professional discipline and regulation for a long time, ethics is incredibly important to Lubna and will be another key focus of her presidency.

To assist lawyers with this, she plans to launch a ‘ major focus on ethics in the profession to help members navigate this increasingly complex environment and to seek solutions to cope with the constantly changing narrative’.

Lubna is an inspiration for women and ethnic minorities entering and progressing through the legal sector and we at Aston Bond wish her every success in the coming year.

Why is it necessary to have a cohabitation agreement?

A cohabitation agreement for unmarried partners is where couples who live together but are unmarried set up an arrangement to protect their rights.

This can cover all sorts of things, like what share of the property each party is entitled to, what happens if the relationship ends, and who is responsible for paying bills or the mortgage.

Both you and your partner should seek legal advice for it to be a legal agreement. Having independent legal advice means that the court is more likely to take the agreement seriously if you and your cohabiting partner separate.

A recent study has found that 35% of cohabiting couples think they have the same rights as married couples – going as far as to refer to their cohabitee as their common law wife/husband. However, this is not the case and it is not a legally recognised term.

In order for the law to recognise a Cohabitation Agreement it must be:

  1. Executed as a deed
  2. Entered freely and voluntarily by both parties
  3. Signed by each party

If the court is not satisfied that these conditions have been met, it has the discretion to overrule the agreement and make an order itself.

A cohabitation agreement is not only advisable to save the cost and distress of later dispute but also because it is flexible. Parties do not need the courts approval to change terms of a cohabitation agreement.

A well drafted cohabitation agreement could be a cost-effective measure to ensure all parties are in a better position to receive what they consider to be fair should it become necessary.

At Aston Bond we will be pleased to prepare a Cohabitation Agreement for you.

Please contact Lynette A’Court Head of Family on 01753 486 023 for further enquiries.

Aston Bond’s Dispute Resolution team have been ranked in the Legal 500

The Legal 500 has been the leading ranking publication for law firms in the UK, and indeed worldwide, for over 30 odd years. It carries out independent and detailed analysis of firms’ submissions and conducts thousands of interviews each year drilling down on the capabilities of law firms worldwide.  Its comprehensive research programme is updated every year to bring the most up to date insights to the legal global market. 

Its aim is to assist in-house lawyers, legal teams and clients to find the right advisors through law firm and solicitors rankings.   The rankings are based on a team of researchers bringing together feedback from thousands of in-house peers, general counsel, clients, submissions from law firms and months of interviews to decide which firms have unrivalled experience in the legal market. 

We are very proud that our dispute and resolution team here at Aston Bond has been ranked in the Legal 500 this year.  Our ranking means we have been considered as: 

  1. Having a very strong technical ability available for the most complex work
  2. Historical track record on top cases
  3. Reputation for handling complex, innovation deals
  4. Capacity for the biggest transaction cases 

Our listing in the Legal 500 includes the following;

Aston Bond is a new entrant into the boutique commercial litigation category, boosted by the recent acquisition of James Dyche. James Dyche is a very capable and dedicated lawyer with strong client handling skills and a commercially realistic approach.

Stephen Puri leads the team at Aston Bond, where the department handles the spectrum of commercial disputes, with sector expertise in real estate, insolvency, and IP. James Dyche joined the team from Greenwoods Legal in September 2021 and now heads up the Litigation team together with Puri. In addition to the firm’s areas of expertise he handles contentious probates. 

Our team have work extremely hard and always have our clients at the forefront of their minds.  We therefore believe this is a fitting accolade to the team’s hard work and dedication.   We also take this opportunity to thank all those who provided testimonials for us.

Aston Bonds Macmillan Coffee Morning 2022

Macmillan’s coffee morning is the UK’S biggest fundraising event to support people living with cancer. People all over the UK host their own coffee morning and donations raised on the day are sent to Macmillan.

The charity has always been one close to our heart and we were excited to once again be hosting an in-person coffee morning this year.  We were extremely pleased to have raised £410 for Macmillan!

Our staff members had a bake off in which Kulbir Conner (Head of Conveyancing) won, with her scrumptious Biscoff and Nutella cake. Not only did we raise money through baking, we also hosted a ‘guess who’ game in which everyone had to match our team members up with their very own baby pictures. All in all, the coffee morning was a great success!

 At Aston Bond, we understand how cancer can affect people’s lives and no one should have to go through cancer alone.

Every donation counts. 

Here are some of the moments we captured:

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Stamp Duty Land Tax (SDLT) will once again become the subject of change

Prime Minister Liz Truss has cut the tax on moving homes in her “mini” budget published today. 

Of great interest in the legal field is the Stamp duty land tax (SDLT).  SDLT is a tax paid to the government by the buyer of a home (or land) over £125,000 or a second home or land over £40,000 in England and Northern Ireland. 

PM Liz Truss is attempting to drive economic growth by enabling more first-time buyers to get on the property ladder and boosting property transactions. She aims to stimulate further growth in the property market and help more young people buy their first home. 

The Prime Minister said: ‘I’ve been very clear that as well as keeping taxes low, we need to put in place measures that are going to drive growth in the economy. And that’s my priority- we’ve had relatively low growth for several decades’.  

However, critics have said that the move would make the housing crisis ‘even worse’.  Former chancellor Rishi Sunak introduced a stamp duty holiday in 2020 in an effort to cushion the property market from the impact of the pandemic. Economists said the policy did more harm than good for buyers.  The coronavirus pandemic and lockdowns also saw homeowners evaluate their living situation and make a move based on their new priorities; whether that’s an extra room for working from home or more outdoor space due to travel no longer being so integral to day-to-day lives. 

However, rising interest rates on mortgages and the cost-of-living crisis generally have led HSBC to warn earlier this month that the UK is on the ‘cusp of a housing downturn’.  Presumably, this is at the forefront of Ms Truss’ mind in rushing through this decision.

Ms Truss has previously said she is willing to be an unpopular prime minister to bring in measures she believes will grow the economy, admitting her tax cuts will disproportionately benefit the rich, and argues she needs to make difficult decisions under her political and economic gamble to focus on growth. 

How much you will now pay depends on whether the land or property is residential use or non-residential, second property or mixed use. But the main change for is for first time buyers and is based on a relief which you can claim.

You can claim a discount (relief) if the property you buy is your first home at the following rate:

  • no SDLT up to £425,000; and
  • 5% SDLT on the portion from £425,001 to £625,000

You are eligible if you and anyone else you’re buying with are first-time buyers.

As an example, if you’re buying your first home; 

  • 0% on the first £425,000 = £0
  • 5% on the remaining £75,000 = £3,750
  • total SDLT = £3,750 

At Aston Bond, we want to ensure that clients are made aware of the changes and advise accordingly.  The changes are said to mean that some 200,000 people will be lifted from paying SDLT each year.  Currently, these changes are being implemented indefinitely so there is no specific deadline which will cause a conveyancing spike as last year.  However, whether the changes will push property prices even further up remains to be seen.  

For any assistance with conveyancing or any property matters, please contact our team.

How funeral bank holiday will affect businesses and conveyancing transactions

The date of the funeral of Her Majesty Queen Elizabeth II has been confirmed as the 19th September 2022.  A national bank holiday has been set for this date for the UK.  This invariably raises a number of concerns for businesses. 

Yesterday, the Law Society issued new guidance on the impact of the bank holiday for property completions scheduled for Monday. The guidance covers what conveyancers can do if their clients are contractually bound to complete on the 19th September, as well as recording changed dates and amendments to the contract.

The government have also issued some guidance on the additional bank holiday, which explains that leave arrangements are open to discussions between employers and employees.   The unexpected passing of the Queen has inevitably created difficulties for employers when considering the potential closure of their business for the day, within such a short time frame.

The contract of employment should however be the starting point for these discussions as some contracts specifically allow all bank holidays whilst others specifically exclude them.  Employers are however encouraged to acknowledge that this can be a sensitive time for many individuals.  

School closures on the 19th of September are also likely to cause employees to encounter difficulties with arranging childcare.  This will also be a factor in helping determine what employers should do in this situation.

Those not working on the day of the funeral, for example, part-time employees, those on long-term sickness or maternity, adoption or shared parental leave, should have the additional day recognised.

Employers have the option of requiring employees to take the day out of their remaining annual leave entitlement. The government guidance makes clear that employers “may include bank holidays as part of a worker’s leave entitlement” and contracts may allow employers to do this.  The short notice period however may prove problematic for some, as would situations when employees have already used their full entitlement.  In any event, it would be wise to communicate as soon as possible with employees and make clear if the day is to be deducted from existing entitlements.

Queen Elizabeth II: 1926 – 2022

The UK is currently grieving the death of Queen Elizabeth II, the country’s longest-serving monarch. 

The Queen has ruled for longer than any other Monarch in British history, only recently celebrating her 70 years on the throne.   In that time, she has become a much loved and respected figure across the world.  Her extraordinary reign has seen her travel more widely than any other monarch, undertaking many historic overseas visits.

Her son King Charles III said the death of his beloved mother was a “moment of great sadness” for him and his family and that her loss would be “deeply felt” around the world.

Known for her sense of duty and tireless work ethic, she has been an important figurehead for the UK and the Commonwealth during times of enormous change. The Queen has played a constitutional role in opening and dissolving Parliament and approving Bills before they become law.  This is known as royal assent and all legislation (once the Bill has passed the various stages in the Parliamentary houses) must be granted royal asset before it can become an Act of Parliament.

As Head of State, Her Majesty the Queen has remained in a strictly neutral position with respect to all matters political, being unable to vote or stand for election. However, the Queen did hold a key position in our nation, which was to fulfil the important and formal ceremonial roles in relation to the Government of the United Kingdom.

Throughout her reign, the Queen has granted royal assent to somewhere in the region of 3,000 Bills of the UK Parliament (and many more when you take into account those of the Scottish, N. Irish and Welsh Parliaments).   These have ranged from the more historical Acts which have shaped our country to those which govern the more day to day and social matters.  They include legislation covering devolution to Scotland, Wales and Northern Ireland and Brexit to animal welfare and human rights.   One of the most notable was the abolishing of the death penalty which was granted royal assent by Queen Elizabeth on the 8th November 1965.   LGBTQ+ rights and women’s rights have also developed hugely over the last 70 years also.  In 1967, both abortion and homosexuality were legalised in the U.K.  Decades later, the Queen signed the royal assent to decree legalising same-gender marriage.   Prime Ministers of every age have commented on the Queen’s acute grasp of legislation and the finer points of each and every Bill before her and there is no doubt she has watched with great interest the changing face of her nation.

For solicitors, the immediate change means we are no longer Officers of Her Majesties Court Service this will now immediately be known instead His Majesties Court Service and the Queens Counsel (“QC”) barristers will now, for the first time in over 70 years, become known as Kings Counsel (KC).

The City of London Law Society said: “We are deeply saddened to learn of the passing of Her Majesty Queen Elizabeth II. Her loss will be felt around the world. We convey our heartfelt condolences to the Royal Family at this difficult time.”

Here’s to an end of an era and thank you for your service Ma’am.

How can the new PM support solicitors and law firms?

Liz Truss has been announced as the new leader of the Conservative Party. As prime minister, she will have an opportunity to change the government’s approach to the rule of law and deal with the current crisis in the justice system.

Ever since entering Parliament in 2010, Truss has rapidly climbed the political ladder and has held several cabinet positions under previous leaders including as foreign secretary.

“I am confident that together we can ride out the storm. We can rebuild our economy, and we can become the modern brilliant Britain that I know we can be,” the 47-year-old former foreign secretary said outside her new Downing Street home and office.

The new cabinet will be charged with delivering on Truss’ three stated priorities: tax cuts to boost the economy, help over rising energy costs, and the long-standing problem of the state-run NHS. 

Undoubtedly, she inherits an economy in crisis, with price increases at double digits and the Bank of England warning of a lengthy recession by the end of this year.  Already, workers across a variety of sectors have gone on strike and this shows no sign of abating.

Our criminal justice system is however also facing a make-or-break moment with huge backlogs in the courts postponing justice for victims and defendants.  Chronic underfunding is forcing lawyers to leave this area of work in droves and leading to the collapse of our vital network of duty solicitor schemes.   Of immediate importance is the plight of barristers who are currently on strike over pay.   There are ever-growing calls on the PM to immediately implement the minimum 15% criminal legal aid rate increase advised by Lord Bellamy to ensure the wheels of justice keep turning.

Undeniably, investment needs to be made across the entire justice system, including on court buildings, to ensure timely access to justice is available to all.

Truss has also made a pledge to scrap plans to raise corporation tax on big firms, and to reverse an increase in a payroll tax on workers and employers, intended to raise additional funding for health and social care, with the extra spending coming from general taxation instead.

Only time will tell if our new PM can keep her promises and, as she has promised “get Britain working again…”.