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Legal updates

05 May 2023 Litigation

The Fearn v Tate Gallery Supreme Court decision in February 2023 received considerable coverage in the press not least because of the high profile nature of the defendant. How much will this case impact on nuisance disputes between neighbours? The claim was brought by the owners of long leasehold flats in a development directly opposite the new extension of the Tate Modern. One of the features of the building was a viewing gallery which enabled visitors to see straight into flats with visitors frequently looking into the flats and taking photographs and, less frequently, using binoculars. The claimants applied to the court for an injunction requiring the Tate to prevent members of the public from observing their flats on the grounds of nuisance. They also claimed a breach of their rights under article 8 of…

05 May 2023 Family Matters

  According to a report by Forbes Magazine in September 2022 there are now more than 20,000 crypto currencies worth a collective $982 billion, and NFT artworks (non-fungible tokens) are changing hands for huge sums. One of the ways in which these assets differ from the other assets which are considered for sharing in a divorce settlement, is that they are much easier to hide. What are crypto assets? They are digital assets commonly known as crypto currencies.  ‘Crypto’ means hidden, referring to the secure digital way data is held on who owns the asset, and ‘currencies’ reflects that this is a type of digital money.  Some commonly known crypto assets include Bitcoin, Binance, Ethereum and Tether though there are thousands more, with new ones being added regularly. Crypto assets differ from traditional assets in that…
05 May 2023 Residential property

Online auctions, especially the ‘modern method’ of auction, continue to grow in popularity. Last year saw a 40 per cent rise in the value of property sold at auction, much of this online. But what exactly is the modern method of auction, and is it something you should consider? For a seller there are certainly some advantages to the modern method of auction, such as speed and a defined timetable. However, there are also pitfalls for the unwary and so it is important to consider how it would work for you. Our team answers some common questions about the modern method of auction. What is the modern method of auction? Typically, the modern method of auction takes place online over a fixed period. As a seller, you enter into an agreement with the auctioneer who invites…
04 May 2023 Employment advice

According to the Office for National Statistics, before the Covid pandemic only one in eight working adults reported working from home at least once during the previous seven days. This figure peaked at 49 per cent between April and June 2020. It has decreased since then, but not drastically, and the figure for January to February 2023 is 40 per cent. ‘Many employers now want staff to start working in the office either all the time or more frequently,’ says Kalpesh Nakeshree, a Head of Employment Law with Ware & Kay.  ‘Reasons for this include concerns about the impact of remote working on company culture; camaraderie; loyalty; learning opportunities for junior staff; supervision; productivity; innovation and collaboration.’ Kalpesh outlines the contractual and equalities issues that employers need to think about when seeking to make this…
03 May 2023 Family Matters

  If you are facing difficulties in your marriage and you have a prenuptial agreement, you may be curious to know just how binding the terms will be, especially if your life is now rather different to the one you envisaged when you planned to get married. It is important that anyone contemplating a divorce or who has concerns about an agreement has a lawyer examine their prenuptial agreement. Will the family court uphold my prenuptial agreement? In England and Wales there is no law specifying that a prenuptial agreement is legally binding.  However, after a landmark decision in 2010 the courts decided that they would give weight to prenuptial agreements under certain circumstances when they are determining the outcome of the financial division of assets between spouses during divorce.  This provides some reassurance that, if…
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