News

A Day At The Firm - Q&A with Kate Farkins

Kate Farkins

As part of our "A Day At The Firm" Series, we are holding Q&A sessions across the firm, showcasing the amazing talent at RFB. This week we talk to Kate Farkins, Trainee Solicitor in the Private Client Team, and one of the rising stars across the firm.

Kate is well known for her dedication and attention to detail, and has gained a solid foundation across multiple disciplines across the firm.

Read more: A Day At The Firm - Q&A with Kate Farkins

Ronald Fletcher Baker becomes the first law firm to successfully challenge the Office for Student’s (‘OfS’) refusal to register a provider.

R (on application of Bloomsbury Institute Limited) -v- Office for Students (2020) EWCA Civ 1074

In its decision handed down on 14 August 2020, the Court of Appeal quashed the OfS’ decision dated 23 May 2019 (the ‘Decision’)to refuse to register the Bloomsbury Institute Limited (‘Bloomsbury’) and concluded that the conduct of the OfS during its decision-making process was unlawful.

Read more: Ronald Fletcher Baker becomes the first law firm to successfully challenge the Office for...

The Forfeiture Rule Explained

The Forfeiture Rule

The forfeiture rule is a longstanding legal maxim, later written into law by the Forfeiture Act 1982 (the Forfeiture Act), precluding a person who has unlawfully killed another from benefiting as a result of the killing in certain circumstances. This would generally mean that someone who has been convicted of causing a death would not be able to benefit from the estate of the person who had died.

Read more: The Forfeiture Rule Explained

Inheritance Act 1975 Claims by Adult Children

The current position in relation to claims brought by adult children under the Inheritance (Provision for Family and Dependants) Act 1975

Although the Inheritance (Provision for Family and Dependants) Act 1975 permits adult children who are not financially dependent on a parent to make claims against the parent’s estate if they consider that the distribution of the estate does not make reasonable financial provision for them, historically these tended to succeed only where children could demonstrate that the parent had a moral obligation to provide support.

Read more: Inheritance Act 1975 Claims by Adult Children

Furlough Fraud

Fraud

The Coronavirus Job Retention Scheme (CJRS) was introduced by the Government as an extraordinary emergency measure to provide a lifeline to the millions of employees whose income would be affected by lockdown, particularly in the hospitality and retail sectors.

Read more: Furlough Fraud

The Residence Nil Rate Band

On 6 April 2020, the residence nil rate band increased to £175,000 marking the culmination of the Conservative Party’s 2015 manifesto pledge to remove a family home worth up to £1 million from the scope of inheritance tax by the time the next election was due to take place in May 2020. Devorah Ormonde, a partner in the Private Client department, explains how this works in practice.

Read more: The Residence Nil Rate Band

Living together agreements known as co-habitation agreements

According to the most recently gathered statistics of the Office for National Statistics there are approximately 4.5M unmarried couples living together.  I suspect that many of them will be unaware that they do not stand in the same position as married couples should they separate because their relationship has not lasted.  There is no legislation aimed at their specific situation.  The law that there is, is piecemeal rather than holistic.

Read more: Living together agreements known as co-habitation agreements

Deathbed gifts

A case which has been widely reported in the media in recent weeks has highlighted possibility of making deathbed gifts designed to take effect only after death which would override any will or distribution under intestacy. Kate Farkins from RFB’s Private Client department discusses.

Read more: Deathbed gifts

Landmark ruling from EWCA

1998 Islamic Ceremony did not create valid English marriage

Adam Bowes

Overturning a 2018 family court judgement, the England and Wales Court of Appeal (EWCA) has ruled in Akhter v Khan [2020] EWCA Civ 122, that an Islamic Nikah marriage ceremony does not create a valid English marriage unless it is followed by a conventional English civil marriage ceremony.

Read more: Landmark ruling from EWCA

City firm boosts property team with new partner appointment

Ronald Fletcher Baker has strengthened its property team by welcoming solicitor Tamara Manojlovic as a partner.
Tamara is rejoining the firm having been with the firm previously for three years before moving to Taylor Rose TTKW. Tamara re-joined Ronald Fletcher Baker as a property partner in November 2019 having been with the firm previously for over three years. She is a specialist property lawyer with extensive experience in commercial and residential transactions.

Read more: City firm boosts property team with new partner appointment

Pet Arrangement Order – Paws For Thought

An interesting question continues to arise from divorcing couples in the UK – what happens to the family pet when the parties split up? Sometimes it is only one person who cares for the pet on a day-to-day basis, or it may be the case that a pet was bought specifically for the children of a marriage and it can be agreed that the pet will stay with the children. However, in a number of cases both parties may want to keep ownership of their beloved pet, which can cause disagreements even when financial arrangements have been agreed or damage those discussions.

Read more: Pet Arrangement Order – Paws For Thought

Thinking of starting your own business?

For many people starting a business is a dream – a ticket to unlimited income and an opportunity to run the show. The idea of financial freedom and setting your own hours with no need to be accountable to anyone else but yourself sounds tempting, however it is important you think about the structure right from the start of your business which will help you avoid problems and increase your chances of success.

Read more: Thinking of starting your own business?

Five reasons why you should have a co-habitation agreement

A survey carried out by Resolution in 2017 found two-thirds of cohabiting couples wrongly believe that "common-law marriage" laws exist when dividing up finances.

The reality for unmarried couples is that in fact there is no such thing as ‘common law wife or husband’ and whilst this may come as a surprise to many, it is all too familiar for solicitors who are faced with a warring couple who are not married.

Read more: Five reasons why you should have a co-habitation agreement

Tenant Fees Act 2019

The 1st June 2019 saw the introduction of the Tenant Fees Act 2019 (‘the Act’), which aims to provide additional protection for private residential tenants by restricting payments that landlords and letting agents can charge, as well as limiting the amount which can be taken as a tenancy deposit and providing detailed obligations in respect of holding deposits. The provisions under the Act will apply immediately to all new tenancies, whilst there is a 1 year transitional period for tenancies already in existence.

Read more: Tenant Fees Act 2019

How to deal with a formal employee grievance

In the course of running your business, you will have to deal with a wide variety of different issues relating to your employees. Problems that arise at work are often resolved informally and an informal discussion is often all that is needed to resolve an issue. However, it is possible that you might receive a formal grievance from an employee if they have a concern, problem or complaint that they want to you to address. An employee could raise a grievance in relation to a variety of different matters and examples include: issues to do with terms and conditions, bullying and harassment and health and safety concerns.

Read more: How to deal with a formal employee grievance

Employing Family Members

With two-thirds of UK businesses being family-owned and with family businesses employing 12.2 million people in the UK, family businesses form an important part of the UK economy. Some of the largest businesses in the UK are family-owned and many of these have been established for generations. It is often the case that these large family-owned businesses start off life as small, one-person start-ups but through hard work and good decision-making, they grow into large companies employing thousands of people. It is not uncommon for the reigns of the business to be passed down successive generations and for family members to be employed in various parts of the business.

Read more: Employing Family Members

Withdrawing from a job after signing the contract? What to do if you have second thoughts

After you have been successful at interview stage, an employer will usually send you an offer letter which will contain key information such as your job title, the terms of your employment and any conditions which the offer will be subject to. It is also common for a contract of employment to be enclosed with the offer letter or for it to following shortly after. However, sometimes employees receive a better offer from another company or have decided that they just don’t want to join anymore.

Read more: Withdrawing from a job after signing the contract? What to do if you have second thoughts

Suspending an Employee

When there is an allegation of serious misconduct, medical grounds or a workplace risk to an employee who is a new mother or is expected to give birth, an employer may decide that it has grounds to suspend an employee. Suspension will have the effect of removing an employee from the workplace. Suspending an employee should not be used as disciplinary action and employers should exercise caution before suspending an employee.

Read more: Suspending an Employee

EU Citizens: Where do they stand?

The UK government has recently published a Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. Even though the agreement has not yet been finalised, any text highlighted in green such as Part Two Citizens’ Rights are agreed at negotiators’ level and will only be subject to technical legal revisions.

Read more: EU Citizens: Where do they stand?

Ronald Fletcher Baker successfully represents a prominent football agent

At a hearing held in June 2017 under the Football Association Rules, Ronald Fletcher Baker’s sports department was instructed by a prominent football intermediary in his claim against an international football player for unpaid agency fees. Ronald Fletcher Baker was successful in representing a prominent football intermediary in his FA Rule K Arbitration.

Read more: Ronald Fletcher Baker successfully represents a prominent football agent

Complying with the Modern Slavery Act 2015 - guidance for large businesses and organisations

The Modern Slavery Act requires action from all organisations carrying on business in the UK with a turnover of over £36 million. These organisations are required to publish a ‘slavery and human trafficking statement’ setting out what efforts they are making to ensure that they are not directly or indirectly involved with the exploitation or subjugation of humans.

Read more: Complying with the Modern Slavery Act 2015 - guidance for large businesses and organisations

Tariq Alsaifi v Benjamin Amunwa [2017] EWHC 1443 (QB)

It’s not often that you get to help out a fellow member of the profession in a defamation suit, but that is exactly what happened in early January 2017 when barrister Benjamin Amunwa contacted the firm regarding a defamation claim which had been brought against him by Tariq Alsaifi. Partner Rudi Ramdarshan and Solicitor Laura Gomme were successful in an application for summary disposal of the claim on 27 June 2017. The full judgment of Mr Justice Warby can be found at Bailii

Read more: Tariq Alsaifi v Benjamin Amunwa [2017] EWHC 1443 (QB)

Brexit - Impact on employers and on EEA nationals working in the UK

On 23 June 2016, the people of the UK voted to leave the EU. Before Article 50 was triggered on 29 March 2017, the Government published a White Paper entitled – “The United Kingdom’s exit from and new partnership with the European Union” in February 2017. This White Paper sets out the Government’s position on key issues affecting the UK and its approach to the discussions with the other EU countries. We consider the potential impact of the Government’s White Paper on UK employers and EEA nationals employed in the UK and the steps that both can take in preparation for the UK’s exit in March 2019.

Read more: Brexit - Impact on employers and on EEA nationals working in the UK

28th November 2016 – The Launch of 'Good Divorce Week'

The solicitors in our family team are proud to be members of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

Resolution’s Good Divorce Week starts on Monday 28 November 2016 and will be used to promote the principles of Resolution membership and to highlight key issues within family law.

Read more: 28th November 2016 – The Launch of 'Good Divorce Week'

New Build Purchases - What you need to know

There are many benefits and attractions to purchasing a new build home. Not only do you avoid the tedious drama of a seller with a related transaction and a long chain, but generally speaking new build properties are more energy efficient and require less maintenance once you move in. All of the fixtures and fittings will be brand new and essential white goods are also included, but may be subject to additional charge. Moreover, developers can offer some attractive incentives such as Stamp Duty contributions, furniture packs and legal fee contributions.

Read more: New Build Purchases - What you need to know

Iran Series Part 4: US Sanctions on Iran – The current state of affairs (November 2016)

Almost one year since ’Implementation Day’ of the Joint Comprehensive Plan of Action (JCPOA) on 16 January 2016, when the sanctions on Iran were relieved by the EU, the UN and Germany, Iran’s economy has benefitted from some growth in international trade. Foreign direct investment has increased with interest in oil & gas, transport and aviation and Iran is considered the third most lucrative place for investment in the Middle East after the UAE and Saudi Arabia.

Read more: Iran Series Part 4: US Sanctions on Iran – The current state of affairs (November 2016)

Ronald Fletcher Baker LLP opens Manchester Office

International law firm Ronald Fletcher Baker LLP is pleased to announce that its brand new office in the heart of Manchester is open for business. Located at 111 Piccadilly in central Manchester, the office represents the firm’s latest expansion, building on the success of its two offices in London (City Office and West End Office), its Istanbul office, and its Russia, Ukraine and CIS and Iran desks.

Read more: Ronald Fletcher Baker LLP opens Manchester Office

BREXIT, EU and EEA Applications, Permanent Residence Card and Appeals

Following the recent Brexit vote, Ronald Fletcher Baker LLP considers the British Nationality (General) (Amendment No.3) Regulations 2015, and the impact this will have on individuals relying on the automatic EU right of Permanent Residence after five years. Under these Regulations an individual is now required to show they have been issued a Residence Permit or Permanent Residence before making the application for naturalisation. We outline the key facts of these Regulations and the benefits of obtaining an EU Permanent Residence Card.

Read more: BREXIT, EU and EEA Applications, Permanent Residence Card and Appeals

Brexit Fallout: Consequences for EU citizens in the UK

Ronald Fletcher Baker LLP looks at the recent dramatic referendum outcome on 23 June 2016 and considers the procedures the UK may now adopt to formally withdraw from the EU, as well as the potential impact this withdrawal may have on EU citizens currently living in the UK. We also examine the current UK points based visa system and the possible consequences for those looking to apply in future.

Read more: Brexit Fallout: Consequences for EU citizens in the UK

City office

Ronald Fletcher Baker LLP
326 Old Street
London EC1V 9DR

Telephone
020 7613 1402

Fax
020 7613 2711  

 

West End office

Ronald Fletcher Baker LLP
77A Baker Street
London W1U 6RF
DX: 42722 Oxford Circus North

Telephone
020 7467 5757

Fax
020 7467 5758

Manchester office

Ronald Fletcher Baker LLP
111 Piccadilly
Manchester M1 2HY

DX: 6967003 Manchester 94 M

Telephone
0161 694 4404

Fax
0161 638 0930

Istanbul Office

Ronald Fletcher Baker Danismanlik Hizmetleri Avukatlik Ortakligi
Hakki Yeten Caddesii
Selenium Plaza, No:10 C
K:16, Fulya Sokak
Sisli, Istanbul.

Telephone
07736 364222

Emergency number

07538 490647

Ronald Fletcher Baker LLP is authorised and regulated by the Solicitors Regulation Authority. Company number OC345891

City office ID 512598
West End office ID 523362.
Manchester office ID 630156

V.A.T. registration number: 2206798 63VAT

"Partner" denotes a senior member of the LLP or an employee with the equivalent standing.

PII cover - QBE Insurance (Europe) Limited. For further details please contact Rakeebah Rahim

Solicitors Regulation Authority Standards and Regulations

Website design by coolgrey

Photography: Camilla Greenwell

 

Get a free conveyancing quote

 

View our privacy policy

We encourage you to contact us in the first instance if you are unhappy with the service you receive from us. Contact John O’Callaghan, the complaints partner at j.ocallaghan@rfblegal.co.uk; alternatively in some circumstances you may be able to make use of the ODR platform.