Celebrating the Summer Solstice: A Day of Astronomical and Historical Significance

On June 20th, 2024, many observed the Summer Solstice, a day marked by its significant astronomical importance. While it’s often celebrated throughout the day, the Solstice actually occurs at an exact moment when the Sun reaches its highest point in the sky. This marked the first day of the astronomical summer season, and the longest day of the year, with at least 16 hours of sunlight. The sun rose around 4:42am BST and set around 9:21pm BST.

The Summer Solstice occurs when the Northern Hemisphere is most tilted towards the sun, causing the sun’s rays to strike this part of the Earth most directly. At the same time, the Southern Hemisphere is tilted the farthest away from the sun, causing a Winter Solstice on the south side of the planet.

The Solstice sits within a broader celestial framework that includes seasonal equinoxes marking Spring and Autumn, as well as daily, monthly, and annual cycles. This wider view of celestial events highlights the deep connection between time, nature, and human culture, particularly in agriculture.

The Summer Solstice has deep historical roots, especially among Northern and Central European Neolithic cultures. These early societies may have related the solstice to the timings of crop cycles, an essential aspect of their agrarian lifestyle. Celtic, Slavic, and Germanic people have celebrated the Solstice by lighting bonfires to boost the sun’s strength for the remained of the crop season and to ensure a healthy harvest.

One of the most iconic symbols of the Summer Solstice is Stonehenge, located in Wiltshire, England. Many Neolithic stone circles, including Stonehenge, appear to have been constructed with the movements of the sun at Solstices in mind. Although we can’t be definitive about the exact purpose of these structures, the careful positioning of these stones suggests they were aligned to frame the solar motion on summer and winter solstices. Stones placed at the axis of a particular solstice were even shaped with hammerstones to frame the sunrise for those standing in the centre of the circle.

At Stonehenge, the central Alter Stone aligns with the Heel Stone, Slaughter Stone, and the rising sun to the northeast. Each year, people gather at Stonehenge to celebrate the Summer Solstice with pagan songs and dancing. It is believed to have been the site of ancient Druid solstice celebrations, further cementing its significance in both historical and contemporary times.

The Summer Solstice is a moment that connects us to our ancestors, who looked to the skies to mark the passage of time and the changing of seasons. As we celebrate on June 20th, we continue a long tradition of honouring the sun’s vital energy and the intricate movement of our planet within the cosmos.

Summer 2024 General Elections: What Could Happen to Taxes Depending on Which Party Wins in the UK

As the UK gets ready for the Summer 2024 General Election, tax policy stands out as a crucial issue that could see significant changes based on the election outcome. The Labour Party and the Conservative Party, the primary contenders, have distinct perspective on taxation. Here’s an overview of the possible tax implications depending on the results.

If The Labour Party Wins:

Progressive Taxation and Wealth Redistribution

  1. Higher Taxes on the Wealthy – Labour might introduce higher income tax rates for top earners, potentially reintroducing the 50% tax rate for those earning above £150,000
  2. Capital Gains and Dividends – Expect proposals to align capital gains tax rates more closely win income tax rates, particularly for high earners, to ensure the wealthy pay their fair share
  3. Inheritance Tax Reforms – Labour could lower the inheritance tax threshold and increase rates to capture more revenue from wealthy estates

Corporate Tax Changes

  1. Increased Corporation Tax – Reversing recent cuts and possibly raising the corporation tax rate back to around 26%, with higher rates for larger companies
  2. Financial Transaction Tax – Introducing or increasing taxes on financial transactions to generate revenue from the financial sector

Support for Middle and Lower-Income Families

  1. Expanded Child Benefits – Increasing child benefits and making them more widely available
  2. Housing and Energy Subsides – Tax reliefs or direct subsidies aimed at reducing the cost of housing and energy for low-income families
  3. Education and Training – Enhanced tax deductions or credits for education and vocational training to support skills development and employment opportunities

If The Conservative Party Wins:

Continued Focus on Low Taxes

  1. Maintaining or Furthering Cutting Income Taxes – Conservatives could look to maintain current income tax rates or introduce further cuts, particularly for middle income earners
  2. Capital Gains and Dividends – Efforts to keep capital gains and dividends tax rates low to encourage investment
  3. Inheritance Tax Reforms – Potentially raising the inheritance tax threshold or introducing new reliefs to reduce the tax burden on inherited wealth

Corporate Tax Policies

  1. Stable or Reduced Corporation Tax Rates – Maintaining current rates or introducing further cuts to stimulate business investment and economic growth
  2. Incentives for Innovation – Enhanced tax reliefs for research and development, and other incentives aimed at fostering innovation and productivity

Targeted Support for Families

  1. Childcare Tax Credits – Expanding tax credits for childcare to help working parents
  2. Home Ownership Support – Tax reliefs or incentives to support first-time homebuyers and promote home ownership
  3. Retirement Savings – Increasing incentives for private pension contributions to encourage long-term savings

The Summer 2024 General Elections are assured to bring significant changes to the tax landscape. Whether it’s Labour’s vision of higher tax on the wealthy and increased public spending or the Conservatives’ commitment to low taxes and a business-friendly environment, the election results will have profound implications for individuals, businesses, and the broader economy. However, it’s important to remember that political promises are not guarantees. Even if a party wins, they may not implement their tax policies. As voters head to the polls, understanding these potential tax changes is crucial for making informed decisions about the future direction of the country.

FAQs for Conveyancing

  • What is residential conveyancing?
    • Conveyancing is the legal process of transferring ownership of a residential property from one party to another. This includes handling the legal paperwork, conducting necessary searches, and ensuring the transaction is completed legally and smoothly.
  • Do I need a solicitor for residential conveyancing?
    • While it’s possible to handle conveyancing yourself, it’s recommended to use a solicitor or licensed conveyancer due to the complexities and legal requirements involved in the process.
  • What are the main steps in the home buying process?
    • The main steps include making an offer, conducting property searches, arranging a survey, exchanging contracts, completing the purchase, and registering the property with the Land Registry.
  • What searches are conducted during the conveyancing process?
    • Common searches include local authority searches, environmental searches, water and drainage searches, and chancel repair liability searches. These searches help identify any potential issues with the property.
  • What is an exchange of contracts?
    • The exchange of contracts is when both the buyer and seller sign and swap the contracts, making the sale legally binding. At this point, the buyer usually pays a deposit.
  • What happens on completion day?
    • On completion day, the remaining purchase money is transferred to the seller’s solicitor, the keys are handed over to the buyer, and the buyer can move into the property. The property ownership is officially transferred.
  • What documents do I need to sell my home?
    • Key documents include the title deed, property information form, fittings and contents form, Energy Performance Certificate (EPC), and any relevant warranties or guarantees.
  • How long does it take to sell a house?
    • The time it takes to sell a house can vary, but on average, the process takes around 12-16 weeks from receipt of draft contract pack to completion.
  • What are my responsibilities as a seller?
    • As a seller, you are responsible for providing accurate information about the property, including any known issues, and ensuring all paperwork is completed accurately and timely.
  • What are the typical costs involved in residential conveyancing?
    • Typical costs include solicitor’s fees, search fees, Land Registry fees, and Stamp Duty Land Tax (for buyers). The exact costs can vary depending on the property’s value and location.
  • What is Stamp Duty Land Tax (SDLT)?
    • SDLT is a tax paid by the buyer on properties over a certain price threshold. The amount varies based on the property price and whether the buyer is a first-time buyer, buying a second home, or purchasing a buy-to-let property.
  • What is a title deed?
    • A title deed is a legal document that proves ownership of a property. It includes details of the property’s boundaries, any rights of way, and any restrictions or obligations.
  • What is a property chain?
    • A property chain is a sequence of linked property transactions, where each sale is dependent on the preceding and succeeding transactions. Delays in any part of the chain can affect the entire process.
  • What happens if a problem is found during the property survey?
    • If a problem is found during the survey, the buyer can negotiate with the seller to fix the issue, reduce the purchase price, or in some cases, withdraw from the sale.
  • What is a mortgage offer?
    • A mortgage offer is a formal document from a lender confirming that they agree to lend a specified amount to the buyer under certain conditions.
  • Can I change my mortgage provider during the conveyancing process?
    • While it is possible to change mortgage providers, it can cause delays and complications. It’s best to finalise your mortgage arrangements before starting the conveyancing process.
  • What happens after completion?
    • After completion, the buyer’s solicitor will register the new ownership with the Land Registry, pay any Stamp Duty Land Tax (SDLT) due, and ensure all legal documents are properly filed.
  • How do I handle any disputes after the sale is completed?
    • If disputes arise after the sale is completed, it’s important to consult with your solicitor to understand your rights and options. Many disputes can be resolved through negotiation or legal action if necessary.

New Changes to Penalty Notices for School Absences: What Parents Need to Know

The Government has announced a new legislation to deal with the problem of unauthorised absences in schools. 

Previously, Local Authorities and councils would each have their own rules to deal with unauthorised absence.   These could vary widely from region to region.   Now, the Department of Education (DfE) has implemented significant changes in a unified approach to issuing Penalty Notices for unauthorised school absences.   These changes aim to ensure consistency across all Local Authorities and introduce increased charges for Penalty Notices.

Key Points of the New Framework

Nationwide Consistency –

  • All Local Authorities will now follow the same rules, providing a unified approach across the country
  • A Penalty Notice must be considered at the trigger point of 10 (half-day) sessions (or 5 full days) of unauthorised absence within a 10 week period or by 5 consecutive days of Term Time Leave.

Exceptional Circumstances –

Term Time Leave is only permitted in exceptional circumstances, which must be communicated in advance and supported with evidence to the Headteacher as soon as possible.

Exceptions and Special Cases are –

  • Illness
  • Pre-approved exceptional circumstances
  • Religious observance
  • Lack of provided transport
  • Gypsy/ Traveller families – considerations are made for families with no permanent residence, and who are required to travel for work

Notices to Improve –

  • This is a final opportunity for parents to improve their child’s attendance before a Penalty Notice is issued. If a parent fails to engage with support or if previous notices have had no effect, a Penalty Notice can be issued during, or at the end, of the designated improvement period.

Penalty Notice Charges –

  • First Offence:
    • £160 per parent, per child, payable within 28 days
    • Reduced to £80 per parent, per child, if paid within 21 days
  • Second Offence:
    • £160 per parent, per child, payable within 28 days
    • No reduction for early payment
  • Third Offence Onwards:
    • Case presented directly to the Magistrate’s Court
    • Fines up to £2500 per parent, per child
    • Possible criminal record if found guilty in court
    • Jail sentence up to three months

Financial Implications –

  • Penalty Notices are issued per parent, per child. For example, if four siblings are absent the parents will get fined £640 each, £1,280 altogether.

Support and Legal Measures –

  • Support First:
    • Schools and Local Authorities will first attempt to provide support to help improve attendance
  • Legal Actions:
    • If support fails or absences are unauthorised, measures can include Fixed Penalty Notices, Education Supervision Orders, or Prosecution.

These changes will be implemented in August 2024 although practically speaking they will be in force for the start of the 2024-2025 school year (commencing in September 2024) with schools informing parents of the new rules within the coming weeks.

The guidance additionally imposes a duty on schools to share daily data with the government as well as new absence codes to be sued.    

What is ‘Capacity’ in Private Client?

In the world of Private Client, you might often hear the word ‘capacity’ being used, and what we mean by this is whether person has mental capacity.

Mental capacity is the ability to understand information and to make appropriate decisions. This could be a decision effecting your daily life, i.e., what clothes to wear that day, or could be something more significant such as whether to make a large financial investment.

How is Mental Capacity Assessed?

The Mental Capacity Act 2005 sets out the test to assess capacity. There are five statutory principles which underpin the legal requirements of the MCA 2005:

  • A person must be assumed to have capacity unless it is established that they lack capacity.
  • A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success.
  • A person is not to be treated as unable to make a decision merely because they make an unwise decision.
  • An act done, or decision made, under the MCA 2005 for or on behalf of a person who lacks capacity must be done, or made, in their best interests.
  • Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

How is Mental Capacity Assessed when making a Will?

There is a specific mental capacity assessment necessary to execute a Will is referred to as ‘testamentary capacity’. It is based on a case called Banks v Goodfellow which states that a testator (a person making a Will) must:

  • Understand the nature of making a Will and its effects
  • Understand the extent of the property of which they are disposing
  • Be able to comprehend and appreciate the claims to which they ought to give effect
  • Have no disorder of the mind that perverts their sense of right or prevents the exercise of their natural faculties in disposing of their property by Will.

The Mental Capacity Assessment (above) is used alongside this as  a useful cross-reference.

The ‘Golden Rule’

The golden rule as set out in Kenwood v Adams states that where there is an elderly testator or someone who has been seriously ill, it is advisable that a medical practitioner assess the testator’s capacity to make a will and that they make a clear record of their findings.

Lasting Powers of Attorney (LPAs)

It is important to be aware that once a person has lost mental capacity, they can no longer apply for a Lasting Power of Attorney. Indeed, a person must have full capacity when they put an LPA in place as they must sign this document, understanding the full extent of what this document does and appointing their chosen attorneys.

If someone has lost capacity and you wish to make decisions for them, you must apply to the court of protection for a guardianship which is more time consuming and costly than creating an LPA. This is why you must consider putting LPAs in place early.

We hope that this blog gave you more insight into mental capacity and how it is used in a Private Client context. Should you need any further guidance, please feel free to contact one of our friendly Private Client team members at Ewallace@astonbond.co.uk and Lthomas@astonbond.co.uk

FAQs for Private Client

What does a Private Client Solicitor do?

  • A Private Client Solicitor specialises in legal matters relating to individuals and families, such as Wills, Trusts, Estate Planning, Probate, Tax Advice, and Lasting Powers of Attorney. A Private Client Paralegal assists the Solicitor in all the above.

What is Estate Planning?

  • Estate planning involves preparing for the transfer of a person’s assets and wealth after their death. It includes:
    • Making a Will to ensure a person’s estate passes in line with their wishes.
    • Creating Trusts where necessary to ensure your estate and beneficiaries are protected.
    • Establishing your Inheritance Tax position and identifying possible methods of reducing any potential liability.

Why is having a Will important?

  • A Will ensures that your assets are distributed according to your wishes after your death. Without a Will, your estate will be divided according to the rules of intestacy, which may not reflect your intentions.

What is an Executor, and how do you choose one?

  • An Executor is the person or people appointed in your Will to administer your estate after your death. Choose someone trustworthy, organised, and capable of handling financial matters. It is often a good idea to discuss the role with the person beforehand.

What is an Administrator?

  • The person/ people responsible for dealing with the administration of the estate when there is no Will. The administrator is based on the statutory order of priority and depends on who the deceased’s closest living relatives are.

What is a Grant of Probate?

  • A legal document which confirms that the Executors of a Will have the authority to deal with the deceased’s assets. This will be required to sell the deceased’s property and some financial organisations require this to encash the funds, depending on the amount of money held in the account.

What is a Grant of Letters of Administration?

  • As above, but when there is no Will. It confirms that the Administrators have authority to deal with the estate.

When will I need a Grant of Probate?

  • You will usually need a Grant of Probate when you are an Executor dealing with the estate of someone who has passed away and there is a large sum of money in a bank account that needs releasing, or you need to sell a property. However, there are many other instances where you may require one.

How does a Trust work?

  • A Trust is a legal arrangement where one party (a Trustee) holds and manages assets for the benefit of another party (the Beneficiary). Trusts can be used for various purposes, such as managing assets during a person’s lifetime or distributing them after death.

What are the benefits of setting up a Trust?

  • Benefits of setting up a Trust include managing and protecting assets, providing for minors or dependents and reducing estate taxes.

What is a Lasting Power of Attorney?

  • A Lasting Power of Attorney is a legal document that grants someone the authority to act on your behalf in financial, legal, or medical matters if you become incapacitated or unable to make decisions for yourself.

What should you bring to your first meeting with us?

  • Bring identification (photo ID and two proofs of address), list of your assets and liabilities, existing Wills or Trusts, any relevant financial documents, and information about your family and Beneficiaries.

How often should you update your Will?

  • You should review and update your Will after significant life events such as marriage, divorce, the birth of a child, or substantial changes in your financial situation. It is also advisable to review it periodically to ensure it still reflects your wishes.

What should I do if I believe that Aston Bond are holding my Will and/or LPA?

  • Please get in touch by calling or emailing our office. If it is your own Will or LPA, we will require you to provide us with two proofs of address and a form of photo ID as well as for you to sign a letter of authority which we will email you to return to us. If it is the Will of a person who has passed away, we will require the same from each Executor as well as the death certificate. If you require the LPA(s) of a person who has lost capacity, we will need the same from each attorney.

A Legislative Timeline: Key Milestones in the Advancement of LGBTQ+ Rights in the UK

The Sexual Offences Act 1967 marked the beginning of the end of criminalisation of homosexuality by permitting homosexual acts in private between consenting men over 21 years old in England and Wales. Although, public acts, or acts involving more than two men, were still at risk of prosecution. At this time, homosexuality amongst women wasn’t the primary focus for criminal punishment. There had been a proposal, in 1921, to make homosexuality between women illegal and it was passed in the House of Commons, however, this was ultimately defeated in the House of Lords, based on concerns that advertising and creating laws around lesbianism would only encourage it.

The Sexual Offences (Amendment) Act 2000 was created to equalise the age of consent for homosexuality and heterosexuality to 16 years old, allowing both to be treated equally under the law. This Act helped reduce the stigma around homosexuality and assisted the broader movement for LGBTQ+ rights. The Act wasn’t initially approved by the House of Lords but was eventually passed using the Parliament Acts of 1911 and 1949, which allowed the House of Commons to enact the legislation without permission from the House of Lords in certain circumstances. This Act was a significant milestone for the LGBTQ+ community as it addressed a key area of legal discrimination and helped create a more inclusive society.

In 2002, the Adoption and Children Act was introduced, allowing same-sex couples to adopt children, providing equal rights in adoption to LGBTQ+ couples. Prior to this, only married, heterosexual couples and single individuals were allowed to adopt. This was a major step in recognising the rights of LGBTQ+ families as it provided security and legal recognition of diverse family structures. This Act followed extensive consultation and debate, reflecting the changing societal attitudes towards LGBTQ+ rights and family life.

Two years after this, in 2004, the Civil Partnership Act was passed, allowing homosexual couples to enter civil partnerships. Although this wasn’t the same as a marriage, it granted same-sex couples similar rights and responsibilities, albeit not complete equality, since civil partnerships are distinct from marriages. This Act was passed with a large amount of support from Parliamentary support, reflecting the changing attitudes towards LGBTQ+ rights in the UK and contributed to greater social acceptance and visibility of homosexual relationships.  

In the same year, the Gender Recognition Act 2004 was passed, allowing transgender individuals to obtain a Gender Recognition Certificate, legally recognising their chosen gender identity. This was a significant advancement for transgender rights in the UK. It also included privacy protections, making it a criminal offence to disclose personal information regarding an individual’s gender history without consent.

In 2007, the Equality Act (Sexual Orientation) Regulations were introduced. These regulations made it illegal to discriminate on the grounds of sexual orientation in the provisions of education, services, facilities, public functions, etc., and ensured comprehensive protection as it’s applied both publicly and privately. This led to a greater cultural shift towards acceptance and inclusion of the LGBTQ+ community, despite clashing with religious organisations, which argued that they violate religious freedom by requiring them to act against their beliefs. However, the regulations included specific exemptions for religious organisations surrounding services closely linked to religious practices.  These regulations, now form part of the current-day Equality Act 2010 and continue to provide protection for the LGBTQ+ community.

The Equality Act 2010 was introduced by Labour Party as part of a broader agenda to strengthen and modernise anti-discrimination legislation in the UK, by combining previous laws, such as Sex Discrimination Act 1975, Race Relations Act 1976, and Disability Discrimination Act 1995, and included clear, enforceable protection, making it a criminal offence to discriminate based on sexual orientation and gender reassignment. This forced public bodies to consider how their policies affected people within the LGBTQ+ community, and required them to take steps to eliminate discrimination, and advance equality of opportunity. The Equality Act 2010 has played a crucial role in promoting equality and inclusion in various sectors.

The Marriage Act 2013 legalised same-sex marriage and finally provided for true equality by providing legal recognition as heterosexual couples. The Act was a significant step and furthered social and cultural acceptance of LGBTQ+ individuals and relationships, promoting inclusivity and reducing stigma. Although receiving strong support from many political leaders, it faced criticism from some religious groups and cultural conservatives who were against the redefining of marriage to include the LGBTQ+ community. This resulted in the Act including specific protections for religious groups and ministers who didn’t want any part conducting same-sex marriages, including a “quadruple-lock” of measures to prevent them from having to perform for these ceremonies.

The journey of LGBTQ+ rights in the UK has been marked by significant legislative milestones, each contributing to a more inclusive and equal society. From the decriminalisation of homosexuality in 1967, to the legislation of same-sex marriage in 2013, each law has slowly led to a greater social acceptance and legal protection for the LGBTQ+ community, reflecting evolving societal values. 

FAQs For Employment Law

What is employment law?

  • Governs the relationship between employers and employees, covering a wide range of issues such as hiring, working conditions, wages, benefits, and termination.

What are my basic rights as an employee?

  • Employees have a right to:
  • A safe and healthy working environment
  • Fair wages (in line with current legislation) and equal pay for equal work
  • Protection from discrimination and harassment in the workplace
  • Entitlement to family and medical leave & pay
  • Annual leave
  • Minimum notice periods
  • Protection from unfair dismissal

What constitutes unfair dismissal?

  • Termination of employment is only fair if;
    • it follows a fair process;
    • is on the basis of one of the accepted reasons (conduct, capability, redundancy or some other substantial reason); and
    • is not due to an automatically unfair reason (for instance discrimination on the grounds of a protected characteristic or being a member of a trade union etc).
    •  Employees generally need 2 full years employment before they can make a claim (unless an exception applies)

What is workplace discrimination?

  • Workplace discrimination involves unfair treatment of employees based on protected characteristics (including race, colour, sex and/or gender re-assignment, religion, national origin, age, disability, pregnancy or maternity or sexual orientation).
    • Discrimination can affect hiring, promotions, job assignments, and other employment conditions.
    • Discrimination based on a protected characteristic is unlawful and termination on such grounds is automatically unfair.

What is harassment in the workplace?

  • Workplace harassment includes any unwelcome conduct based on one of the protected characteristics that creates a hostile, intimidating, or offensive work environment. Sexual harassment for instance is a common form of harassment.

What should I do if I believe I am being discriminated against or harassed at work?

  • If you believe you are experiencing discrimination or harassment, you should:
    • Document the incidents in detail, keeping notes of dates and times and if there were any witnesses
    • Report the behaviour to your supervisor/line manager or HR department as soon as possible
    • Follow your company’s procedure for handling such complaints, usually detailed within a grievance policy.
  • Your employer should treat the matter seriously by investigating and discussing the issues with you, following its grievance procedure and give you a decision or outcome of the grievance in writing

Can my employer change my job description or duties?

  • Yes, employers can generally change an employee’s job description or duties, but significant changes should be communicated clearly and may require employee consent, especially if the changes affect pay, status, or working conditions.

Are non-compete clauses in an agreement enforceable?

  • Contracts of employment often have non-compete clauses (or restrictive covenants).   It is a common misconception that such clauses are not enforceable.
    • Restrictive covenants must be reasonable in scope, duration, and geography to be enforceable.  They must not go further than is necessary in order to protect an employer’s business and any clauses which are a restraint of trade could be deemed as too wide.
    • What is considered reasonable will be dependant on the circumstances of each case and a judge will decide on the facts.

FAQs For Commercial Law

  • What is commercial conveyancing?
    • Commercial conveyancing involves the transfer of property used for business purposes, such as offices, retail spaces, industrial buildings, and land for development.
  • How does commercial conveyancing differ from residential conveyancing?
    • Commercial conveyancing is often more complex than residential conveyancing due to factors such as lease agreements, zoning laws, environmental regulations, and the involvement of corporate entities.
  • What is the role of a commercial solicitor?
    • A commercial solicitor handles the legal aspects of buying, selling, or leasing commercial property. This includes drafting contracts, conducting due diligence, handling negotiations, and ensuring compliance with all legal requirements.
  • What should I consider when buying commercial property?
    • Key considerations include locations, zoning regulations, property condition, lease agreements (if any), future development potential, and financial aspects such as purchase price, taxes, and potential return on investment.
  • What is due diligence in commercial property transactions?
    • Due diligence involves thoroughly investigating the property to uncover any potential legal, financial, or physical issues. This may include title searches, environmental assessments, building inspections, and reviewing existing leases or contracts.
  • How long does the commercial process take?
    • The duration can vary widely but typically takes between several weeks to a few months, depending on the complexity of the transaction and any issues that arise during due diligence. Factors such as financing arrangements, legal complexities, and negotiations can affect the timeline.
  • What documents are required to sell commercial property?
    • Required documents usually include the title deed, property information forms, lease agreements, planning permissions, building regulation certificates, and any warranties or guarantees related to the property.
  • What is an exchange of contracts?
    • The exchange of contracts is a critical stage in the conveyancing process where both parties sign and swap contracts, making the agreement legally binding. A deposit is typically paid at this stage. It solidifies the commitment of both parties to proceed with the transaction.
  • What is a commercial lease?
    • A commercial lease is a legally binding agreement between a landlord and a tenant outlining the terms and conditions for the rental of commercial property.
  • What should be included in a commercial lease agreement?
    • Key elements include the lease term, rent amount and payment terms, security deposit, maintenance responsibilities, permitted use of the property, and provisions for renewal or termination.
  • Can a commercial lease be modified?
    • Yes, a commercial lease can be modified, but any changes must be agreed upon by both parties and documented in writing.
  • What financing options are available for purchasing commercial property?
    • Financing options include commercial mortgages, business loans, and investor funding. The terms and availability of these options can vary based on the buyer’s financial situation and the property’s value. Some buyers may also consider lease-to-own arrangements or seller financing.
  • What are the tax implications of buying or selling commercial property?
    • Tax implications can include capital gains tax, property taxes, and potential VAT. It’s important to consult with a tax advisor to understand the specific tax obligations related to your transaction.
  • What is an environmental assessment?
    • An environmental assessment evaluates the potential environmental risks associated with a property, such as soil contamination, hazardous materials, and compliance with environmental regulations. This assessment helps identify any potential liabilities and necessary remediation efforts
  • What should I do if a dispute arises during the conveyancing process?
    • If a dispute arises, it’s important to seek legal advice immediately. Your conveyancer or solicitor can help negotiate a resolution or, if necessary, represent you in legal proceedings. Dispute resolution mechanisms may include mediation, arbitration, or court proceedings.
  • Can I terminate a commercial property contract?
    • Termination of a commercial property contract depends on the terms of the agreement. Usually, there are specific clauses outlining the conditions under which a contract can be terminated. Legal advice is essential in these situations to understand the implications and process for termination.
  • What happens after the completion of a commercial property transaction?
    • After completion, the buyer takes possession of the property, and the conveyancer ensures that all necessary documents are filed with the appropriate government agencies to register the change in ownership.
  • How do I handle ongoing property management?
    • Ongoing property management involves maintaining the property, ensuring compliance with lease terms, collecting rent, and handling any legal or tenant issues. Many owners hire property management companies to handle these responsibilities. Effective property management is crucial for maintaining property value and ensuring tenant satisfaction.

Shaping the Future: How the 2024 Summer Elections Could Transform Employment Law

On 22nd May 2024, Rishi Sunak made a statement outside Downing Street, announcing a general election will take place on 4th July 2024.

As the summer elections approach, employers and employees are keenly watching the potential shift in employment law that could follow. Here’s a look at some of the key changes the Labour Party and the Conservative Party aim to make.

The Labour Party, led by Keir Starmer, has promised to make their “New Deal for Working People” a central aspect of their plan for government if it wins the election.  Their key plans for this are likely to include the following:

  • Ban on zero-hour contracts and rights to regular, and secure, working hours;
  • More day one employment rights, including rights not to be unfair dismissed (currently there is a 2 year qualifying period in most cases);
  • Restrictions of “fire and re-hire” used by employers in the past;
  • Strengthen statutory sick pay;
  • New rights for unions to access workplaces;
  • Enhanced rights to flexible working;
  • Right to disconnect from work – preventing employers from contacting staff outside working hours;
  • Repeal of anti-strike laws;
  • Review of shared parental leave;
  • More regulation of AI; and
  • Replacing the UK’s three-part framework for employment rights with a simpler two-part framework with just workers and the self-employed.

It is reported that an employment bill has already been drafted and is waiting in the wings and Labour has stated they will begin the legislative process in the first 100 days (which means by 12th October 2024) although that could just mean the White Paper.

The Conservative Party, led by Rishi Sunak, has so far stated very little about their plans for employment law, but it is safe to assume that the aim will be deregulatory, due to their emphasis on “smarter regulation to grow the economy”. Their key plans for employment law are likely to include the following:

  • Re-introduce employment tribunal fees;
  • A cap on the duration of non-complete clauses in employment contracts; and
  • Provision of enhanced paternity leave for fathers whose partner dies in childbirth.

It is unclear what will happen with the Workers Act 2023, which gives employees a right to request a more predictable contract. This Act was due to come into force in Autumn 2024 and has already made its way onto the statute book, however, it requires further regulations to flesh out the details of the new rights and bring them to force.

The 2024 summer general elections hold the potential to bring about significant changes in employment law. While the Labour Party aims to enhance employee rights, the Conservative Party aims to foster economic growth through deregulation. The outcome of this election will determine the direction of employment law, influencing the working conditions of millions across the country as well as the economic future of many businesses throughout the UK.  So, your vote really will count and we encourage everyone to have their say.

Voting can be done in person at the polling stations of 4th July 2024 between 7am and 10pm. Make sure you take valid photo ID. Once voting closes at 10pm, an exit poll will be announced. This is a survey of in-person voters taken at a sample of approximately 150 constituencies in the UK.  

Alternatively, you can vote by post if getting to a polling station is difficult for you.  The government are encouraging all those who wish to do so, to apply as soon as possible to ensure applications are dealt with in plenty of time. 

To apply to vote by post, simply visit https://www.gov.uk/apply-postal-vote