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What is an escalating ground rent and why are escalating ground rents problematic? Escalating ground rent clauses are provisions in a lease that enable the freeholder to review and amend the ground rent after a specified period of time has elapsed. ...
There is no other way to put it – rentcharges are a nuisance for property owners and property lawyers alike. Not all properties are affected by rentcharges, but they are common throughout North Somerset and Bristol. This article examines the...
With the introduction of no-fault divorce back in April 2022, one of the new measures put in place by the court was the ability for individuals to be able to make a joint divorce application together. This was largely done in an attempt by...
Winter is coming, and with that, Christmas will soon be upon us. Making contact arrangements for children over the holiday period can be a difficult task for separated parents. However, as difficult as it may be, you are better to address it early as doing...
In a situation where a person instructs a professional to draft a Will but the professional does not draft it correctly, a claim can be made against that professional by those who should have benefitted under the Will but don’t because of that mistake....
Domestic abuse over recent years has become a much more widely discussed topic within society, with increasing recognition for male sufferers of domestic abuse, such as in the recent Channel 5 documentary ‘My Wife, My Abuser’. Family...
Q: What is mediation, and how does it differ from traditional litigation? A: Mediation is a voluntary and confidential process where a neutral third party, known as the mediator, assists disputing parties in reaching a mutually acceptable agreement....
If you do not order your food shop online, you most likely visit a supermarket to purchase your groceries. Supermarkets can be hazardous places to visit due to the following: Rainwater accumulating on the floor in and around the entrance / exit of the...
There are a variety of ways in which the validity of a Will can be challenged, however it is important to bear in mind a court cannot change the terms of an invalid Will to reflect what it thinks is fair (and nor is unfairness a reason to state a Will is not...
At the time of typing, The Leasehold and Freehold Reform Bill (‘the Bill’) has just passed through the House of Commons and the second reading of the Bill in the House of Lords has just begun. The aim of the Bill is to ‘make the long-term...
Nuptial agreements – Is it right for me and what should I look out for? Pre-nuptial agreements are becoming more and more common now for couples within the UK. In the 1980’s, on average only 1.5% of newly married couples would look to...
Capital Gains Tax (CGT) is a tax paid on any gains made when an asset is sold, for example, a second home or shares. The annual CGT exemption allows for a certain value of gains to be made before any tax is payable with the current exemption being...
Things to consider for a Tenant when negotiating heads of terms of a commercial lease Have you found a home for your business and decided to lease a commercial space? The next step will be to negotiate Heads of Terms. This process can be new and tricky...
Christmas is traditionally a time for families to come together and spend time together, however, it can be a difficult time for those parents who are separated or in the middle of a divorce and especially difficult for their children. In order to...
As of the 6 th April 2022, the law on divorce/dissolution had one of its biggest changes in 50 years. The main change has meant that for spouses, or civil partners, you will not need to use fault as a reason for divorce/dissolution. The only thing that will...
Prior to 2007, many Wills contained Nil Rate Band Discretionary Trusts to ensure that both spouses could fully utilise their Nil Rate Band and not lose it. In 2007, the law changed so that any unused Nil Rate Band from the first death could then be claimed...
IT MAY NOT BE TOO LATE TO MAKE A CLAIM FOR YOUR ACCIDENT Have you or a family member had an accident, or been injured, and not had time to start a claim? Sometimes when just trying to recover from an accident or an injury, and dealing with the...
We are pleased to introduce Andrew Campbell, a new solicitor in our family department. Andrew is a qualified solicitor and has worked in family law for much of his legal career. He has recently joined our experienced family team and is equipped to deal with...
E-SCOOTERS – CONVENIENT BUT INCREASING RISK OF INJURY TO RIDERS AND OTHERS? Backed by the government, on-road e-scooter trials are currently taking place in the UK. Only e-scooters being used as part of the trial are legally allowed on the...
You may be familiar with Lasting Powers of Attorney (LPA), as they have been advertised on government websites and in the media in general. They are very valuable documents to have, but before they can be used, they have to be registered with the Office of...
Parents must try to work together to agree any changes needed to contact arrangements for their children during these difficult times. 1. Make use of social media and video conferencing apps (Facetime, Skype etc.). This may need to be used more often than...
From 8th July 2020 the majority of purchasers in England and Northern Ireland will either pay no – or at the very worst, a reduced amount of Stamp Duty Land Tax (‘SDLT’) when completing their property purchase. The temporary...
The Divorce Reform Act 1969 enabled people to end marriages that had “irretrievably broken down” without having to prove fault. Couples could end marriages after two years of separation, if both parties desired divorce, or five years if only one...
The current pandemic crisis has raised the profile of Force Majeure clauses in contracts. As set out in a recent blog, these are contractual terms, almost always in the standard written terms and conditions of the party to the contract that is doing the...
Coronavirus (Covid – 19) and Breaking Contracts The Covid-19 pandemic is not the first time the UK has had an emergency that has put a strain on those with contractual obligations who worry about how they are to meet those obligations. The law...
Most legal professionals view Rentcharges as an annoying quirk of a bygone era and while they may well be correct it is essential that you are aware of the implications of owning – or buying – a property which is subject to a Rentcharge. ...
Are debtors crippling your business cashflow? After all “turnover is vanity, profit is sanity, but cash is King”. John Hodge Solicitors have vast experience of helping local businesses with debt collection. We have been providing services locally...
Shortly after we began our relationship my (now) fiancee, who grew up in Sussex before travelling and then settling in Australia, made it clear that she hoped to return to the UK someday – and that she wanted me to come with her. At first I felt some...
Financial responsibilities of an attorney Dealing with the financial affairs of a loved one can be difficult, especially when you need to comply with serious legal responsibilities. The Office of the Public Guardian (OPG) applied for court orders...
Help is now at hand for the residents of Burnham-on-Sea having opened our doors for a free legal advice clinic at the Pier Suite, Manor House, Manor Gardens on Saturdays from the 2 nd November 2019 from 10am until 2pm. Each Saturday morning one of our...
Are the costs consequences of not accepting an offer to settle about to change? In financial remedy proceedings ancillary to divorce, the general rule is that each party is responsible for their own legal costs and the court will only make a costs...
When dealing with personal injury claims, most solicitors will offer to work for you on what is known as a ‘no win, no fee’ basis. This means that, should your claim not succeed, you would not normally be charged for the work. However, when you...
Absent freeholders or landlords When a landlord is absent, the leaseholders might think “happy days” with benefits such as quiet enjoyment of the property without the interference of the landlord or the lack of expensive service charges. ...
If you have made a Claim for injury since 2013 using solicitors who charge a success fee that is 100%, you might be due a refund. A success fee is the amount a solicitor can charge for winning under a no win no fee agreement (technically known as...
Dramatic Increase in the cost of obtaining a Grant of Probate With the Non-Contentious Probate (Fees) Order 2018 passing through the House of Commons Delegated Legislation Committee in February, the cost to obtain a Grant of Probate is due to change...
Whilst people are now becoming more aware of the need to provide for someone to look after their financial affairs if they lose mental capacity to cope, and are putting in place Lasting Powers of Attorney for Property and Financial Affairs, the uptake for...
There are a number of steps that need to be taken if you feel you have been unfairly dismissed from your employment. It is important that you take the steps promptly as the time limit for bringing a claim is only three months from the date of the...
Let’s be clear from the outset. We will not pretend that we are specialists in motorcycle accidents and then send you a standard questionnaire asking you to confirm whether you were driving a car, riding a bike or ‘other’. We will know what...
In recent years licensed conveyancers have grabbed a share of the market. There are though several disadvantages to using an out of the area conveyancing house as opposed to a local solicitor. Conveyancing houses tend to operate from out of town call...
If a relationship is already under pressure then Christmas and the New Year season can serve to bring matters to a crisis. It is true to say that Family Solicitors find the New Year and January to be a busy time. This may be for a couple of...
We all know that changes in our family and financial circumstances may need to be reflected in our Will but all too often we forget to review this important document and to seek specialist advice that protects our loved ones. There have been significant...
Everything is agreed in my separation, I don’t need legal advice right? Wrong! A recent case highlights the dangers of proceeding based on a verbal agreement on separation. A couple who had married in 1986 and had two children agreed to...
It is normal that where a marriage has broken down, there is usually at least one party feeling angry, sad, disappointed, or a mixture of all of those things. It is therefore very easy for a divorce, and any associated financial or children related...
Those who are in pain need solicitors who listen, understand and know how to act. Pain is an issue that is poorly understood by many medical practitioners let alone lawyers. Modern pain 'syndrome' evidence started to be documented as long ago as the...
A recent pilot divorce administration system run in the South West Regional Divorce Centre in Southampton, under which contested financial remedy proceedings are ‘de-linked’ from the main divorce proceedings has proved a success. Under the...
The most serious of injuries All injuries are serious, however, sometimes the worst can happen and you or a loved one might be unlucky enough to suffer multiple broken bones, serious spinal or head injury or even suffer injury resulting in death. When the...
How to formalise your relationship outside marriage. The Court of Appeal has rejected a claim by a heterosexual couple that their civil partnership be recognised. The law provides civil partnership only for same sex couples whilst it now provides...
The Family Team at John Hodge Solicitors are all members of or prescribe to the code of conduct of Resolution an organisation, which represents 6,500 family justice professionals who are committed to supporting couples to reach constructive solutions to...
Home Buyers Beware If you have bought a leasehold house (not a flat) from a developer in the last 6 years, you should check that the cost of buying out the freehold is as you were led to believe by the developer. If not then you may have a claim against the...
HOLIDAY TIME At lot has been reported in the press recently about taking children out of school during term time for a holiday but what about time away during the official holiday period where parents are separated – particularly holidays...