Kieron is the latest Lawyer to the Practice and is part of the Dispute Resolution Team.

Kieron is born and bred in Sheffield where he studied Law and Business at Sheffield Hallam University before moving to the University of Sheffield to complete his Legal Practice Course.

Kieron previously worked as a Legal Advisor at Irwin Mitchell Solicitors where he advised both individuals and businesses on complex Civil Disputes. Those issues ranged from Consumer issues through to Personal Injury, Contractual Disputes, Neighbour Disputes and Landlord and Tenant Issues

For all his sins, Kieron is a Sheffield Wednesday Supporter and in his spare time plays and coaches cricket for the village cricket team.

 Call Kieron on 01302 640386

Email Kieron@taylorbracewell.co.uk

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Kieron Holmshaw

The meetings are FREE to attend, will be held bi-monthly and will tackle legal and practical issues relating to the complete HR lifecycle, from recruitment to termination.

Full details of the topics and forum dates can be found by following the link The HR Exchange Sheffield.

The HR Exchange Sheffield

Sharon Beck, commercial partner at leading Doncaster legal practice, Taylor Bracewell, is urging businesses not to miss out on the opportunity to have their say on how excessive regulation in company and commercial law can be cut, by taking part in the government’s ‘Red Tape Challenge’.

The campaign, which launched in April 2011, focusses on regulations affecting specific sectors and industries on a rolling thematic basis, but is also looking at general regulations that cut across all sectors.  So far issues such as equalities, health and safety, environment and employment law have been open for comment, and the current topic is company and commercial law. 

In the current debate, businesses have the opportunity to have their say on issues such as the internal workings of companies and partnerships, accounts and returns, business names and disclosure of company information by logging onto http://www.redtapechallenge.cabinetoffice.gov.uk/home/index/

Sharon says ‘The government has said that it is “looking to come up with a flexible regulatory framework within company law to allow firms to compete and grow successfully”.  This is an ideal opportunity for you to comment on important issues that affect you and your business – but you will have to be quick as this particular debate finishes on 16th February.  After that ministers will have 3 months to work out which regulations they want to keep and why.’

If you need advice on company and commercial law, please contact Sharon Beck at Taylor Bracewell on 01302 341414 or email hello@taylorbracewell.co.uk  www.taylorbracewell.co.uk

‘Red Tape Challenge’

For which we are very grateful.

01/02/2012

Advice and Support at a Very Difficult Time

So I tried at Taylor Bracewell and the way I was treated only made the first difference but the advice I was given was clear, very precise, extremely supportive and reliable as well as founded on superb profound knowledge.

For the first time I knew I was in the right hands with my legal issues. Compared to my previous experience I can only say what a huge difference Taylor Bracewell makes! I relied on the company´s services a couple of times regarding divorce law, a compensation issue and making a will and each time it was a pure pleasure to be a client there! A very personal, client centered approach, which is rounded up by excellent legal advice!

CA 08/02/2012

For the first time I knew I was in the right hands with my legal issues

Cohabitation is recognised by family lawyers as a complex area of law. Couples living together are often unaware of the complexities until things go wrong.

The main thing usually fought over when unmarried couples separate is the house.

Rita comes in to see me after Bob has told her to pack her bags and given her her marching orders. After two decades of living together, with children now grown up, Rita is not happy. She’s always been a housewife, and Bob brought home the bread. She’s firm in the belief that she’s been wronged – she’s had to live with the miserable old ingrate for 20 years. She’s a common law wife don’t you know, and she wants what she’s entitled to!

I see the light in her eyes go out when I tell her there’s no such thing. She feels so foolish. What does her future hold? No property or income in her sole name, no financial security, and maintenance doesn’t exist for cohabitees.

Bob, on the other hand, he’s quite happy. He’s not had a care in the world. 52, house in his sole name, the kids are grown up, and Bob fancies a change of scenery. He’s in control. Decided he wants to sell up and head off to Spain with Sue from next door. Rita can sing for her supper for all he cares. She was never a good cook anyway…

So what issues do the pair of them need to think about, and what could either of them have done to avoid this mess?

This is an example of a lengthy period of living together during which any number of events could have triggered an interest in the property for Rita.

We need to look back over the course of their time spent living together to ascertain whether she made any contribution towards the property. There are various ways in which this could be established. She could have paid part of the deposit on purchase, or she may have invested some inheritance five years ago when they needed an extension. The pair might have pooled their resources into a joint account from which the mortgage was repaid.

It may be that there were express intentions on one another’s part which led Rita to always believe the property was hers too. Did Bob say to her ‘what’s mine is yours and this will always be your home’? Did Rita rely on that notion to her detriment?

Bob is thinking about protecting his retirement fund. He was going to use the proceeds of sale to live off in Spain. Where should he start? Well he owns the property in his sole name which isn’t a bad position to be in, and Rita keeping home for the past two decades isn’t enough for her to be entitled to an automatic interest.

Did Bob take monies from Rita, and if so what were these monies used for? Was Bob accepting the money from Rita as a form of rent? Did she owe him money for being able to stay in his home?

Not simple, is it!

Unmarried couples that live together are often mistaken that they have similar rights to married couples after a certain amount of time has passed, yet very few rights arise from cohabiting. If you live with someone in a property which is held in their sole name, you have no automatic right to a share.

If contributions were made toward the purchase, then you have a sound argument that the proceeds of any sale should be split in proportion to those contributions. If your partner made you a promise in connection with the property and you acted upon that promise, the Court might take a fairness approach to ensure you don’t walk away with nothing.

If you both own the property, depending on how you own the property will determine the approach to how it is split on separation. Your solicitor should have advised you on the different options when you bought your home.

To satisfy the Court you have an interest can be difficult, because more often than not it asks; where is your evidence?

There’s been a recent change in the Court’s approach to this kind of case. It arose from a case in which after over a decade of walking out of a home which he owned jointly with his girlfriend at the time, a man returned to recover his half share, only to be awarded a ten percent interest after a bitter and drawn out legal battle in the Supreme Court. This decision was not arrived at easily, which the Judgement demonstrates.

Key things to remember when living together or if you’re thinking of doing so:

When you buy a house as joint tenants, this means you own it together in equal shares. If you separate, the starting point for any division is fifty-fifty. This will only be departed from if you agree an alternative, or if one of you can satisfy the Court that you are entitled to a greater share. As an alternative you can specify exactly who owns what when buying a home.

It pays to think about these issues early on, and to take a common sense approach when thinking about moving in together.

Ask yourself where the money is coming from? Is one of you further on in your career and able to contribute more towards the deposit or mortgage? Do you need to reflect this in a form of trust deed or written agreement? Written cohabitation agreements setting out your intentions for how you will live together, and more importantly how you’ll part if the worst happens, are often enforceable if drafted properly.

It’s not cynical to prepare for the worst, it’s sensible, and saves you a lot more if things don’t work out. Paying lawyers to agree matters when things are still good is much cheaper than paying them to fight if things turn sour!

If you would like to know more about our Fixed Fee Living Together Protection Package, or to speak to one of the family about any of the issues raised above, email family@taylorbracewell.co.uk or call 01302 341414.

Can’t live with them? Can’t live without them?

The meetings are FREE to attend, will be held bi-monthly and will tackle legal and practical issues relating to the complete HR lifecycle, from recruitment to termination.

Full details of the topics and forum dates can be found by following the link The HR Exchange Doncaster.

The HR Exchange Doncaster

It was amazing to see so many of the young business community at the first Next Generation event of 2012 and it definitely confirmed that there was a lack of opportunities for the young business community to come together and discover what was going on in Doncaster!

Taylor Bracewell was delighted to welcome James Ashford of Rocket Powered to share his views on the role that social media has to play in the marketing strategy of any business and it was great that he was able to share so many tips on how this could be done for little or no expense!

James was also on hand to delight the group with his skills in all things Magic!  Still pondering how he made the playing card appear in the lemon…

Taylor Bracewell would once again like to thank everyone who attended.

A copy of James’ slides can be found below for anyone who missed the event or wants to refresh what they learned at the event.

Launch Your Business On A Bootstring

Most individuals have some knowledge of Inheritance Tax (IHT) such as – IHT is charged at 40% on anything over the tax free        threshold of £325,000 per individual or £650,000 per married couple and that making gifts and surviving seven years could mean that the value of the gift would fall out of the IHT calculations. Provided that the gift does not trigger Capital Gains Tax or an immediate charge to IHT, and does not fall foul of the gift with reservation rules, gifting can be an effective way of reducing the IHT charge.

However, often allowances and exemptions are not explored or utilised fully when it comes to estate planning. If considered in greater detail, the reliefs available can substantially reduce the IHT bill.

Perhaps one of the reliefs most overlooked is the Business Property Relief (BPR). A business (but not a business consisting wholly or mainly of dealing in securities, shares, land or buildings) can qualify for 100% relief against the IHT charge after a two year period of ownership. It includes sole businesses, partnership interest and shares in a private company.

Provided the other basic qualifying criteria is also met, your estate could benefit from this relief. As the government is not particularly generous when it comes to tax reliefs, it would be a shame to let this one go to waste.

The relief is available on death as well as lifetime gifts and could be useful for succession planning or even pre-sale considerations.

For further advice and to discuss whether you could benefit from this relief please contact Emilda Eaton at Taylor Bracewell 01302 640418 or email her at emilda@taylorbracewell.co.uk

Business Owners should not overlook Valuable Inheritance Tax Reliefs

The information and advice I received was excellent.

Thank You Nicola

SC 18/01/2012

Care & Understanding at a Difficult Time