News

Subscription Agreements

Thu, 22 Aug 2024  Legal

Further consumer protection has been passed under the new Digital Market, Competition and Consumers Act 2024 passed in May. Secondary legislation is awaited, and some changes are minimal compared ...

Press Reporting of Family Cases

Tue, 13 Aug 2024  Legal

On 15 July, the President of the Family Division’s Transparency Implementation Group Reporting Pilot (TIG) was extended to include private law as well as public law (mainly child protection) cas...

Plan Ahead to Reduce Your Inheritance Tax Bill

Mon, 05 Aug 2024  Legal

Our Private Client department is encouraging people to plan ahead to help reduce their inheritance tax (IHT) bill. Latest figures from HMRC show that inheritance tax receipts have risen by 7.2% since...

AI is the future, but can it be used to do your Will?

Thu, 18 Jul 2024  Legal

With the rise in artificial intelligence, we must ask ourselves if we can entrust legal matters to AI. As a solicitor specialising in Wills, my advice would be to be very wary in using AI to help with...

The Importance of Terms and Conditions

Mon, 03 Jun 2024  Legal

Justine Lowe, SME Solicitors’ specialist on Commercial Contracts, underlines the importance of having a strong set of terms for selling goods and/or services in place when conducting business. ...

Misconduct that affects money

Fri, 24 May 2024  Legal

It’s an accepted principle that serious bad behaviour – qualifying generally for the description “obvious and gross” is capable of being taken into account in financial case. B...

SME Solicitors & Redgate Sports: a New Partnership

Thu, 23 May 2024  Firm News

SME Solicitors has never been a firm to shy away from charitable causes and helping others where they can. Their infamous Annual Quiz, led by Partner Guy Salter and deemed to be 'The Worcestershire Bu...

Pre-nups: an update

Mon, 13 May 2024  Legal

The classic case that set up the current interpretation of the law on pre-nups was Radmacher v Granatino in 2010. It led to an increase in the number of pre-nups being signed. A recent article in the ...

Bad Debt Recovery

Thu, 04 Apr 2024  Legal

Seeking payment of unpaid invoices and debt recovery can be a constant headache for businesses. Following worldwide events of recent years, it is noticeable how some customers seek to delay payment or...

What is Inheritance Tax and what does it mean for me?

Wed, 27 Mar 2024  Legal

What is Inheritance Tax? Inheritance tax, or death duties as it sometimes known, is a tax paid on the estate when a person dies. An estate means property, money in the bank, and possessions. It is c...

Deputyship Orders - a guide

Thu, 21 Mar 2024  Legal

I always speak to my clients about Lasting Powers of Attorney or Enduring Powers of Attorney.  These are documents that allow you to appoint a person to deal with your affairs, both financial and...

What does Probate mean? Why do I need an Attorney?

Thu, 14 Mar 2024  Legal

When I speak to my clients about doing a Will or a Lasting Power of Attorney, I try and make sure that we go right back to basics and I explain the terms which are bandied around and which very often ...

Changes to Maternity Leave, Adoption Leave & Shared Parental Leave

Mon, 11 Mar 2024  Legal

Currently before Parliament are the draft regulations on amendments to Maternity Leave (ML), Adoption Leave (AL) and Shared Parental Leave (SPL). When passed, with or without amendment, these reg...

Menopause in the Workplace

Thu, 07 Mar 2024  Legal

We already know that the Government has stated that it does not see the need to amend the Equality Act 2010 in relation to the menopause, for example by classifying it as a disability. The Equality an...

Why have a Shareholders' agreement?

Fri, 02 Feb 2024  Legal

Often companies are set up with the excitement of a new venture or business opportunity and a number of people come together to form the company and drive that business forward. One of the key documen...

Can I give my house away to my children to avoid care home fees?

Mon, 29 Jan 2024  Legal

As a solicitor dealing with Wills and Lasting Powers of Attorney, many of my clients are at an age where care home fees are at the forefront of their minds. The cost per week of care depends on the na...

You must mediate!

Fri, 26 Jan 2024  Legal

Not too long ago it was an accepted truth that in order to be properly successful mediation had to involve voluntary participation. From 29 April 2024 under a new provision entitled “encouragin...

What happens to my pension if I divorce?

Wed, 17 Jan 2024  Legal

Pension funds are a marital asset and can be subject to division in the event of a divorce. However, whether your spouse will receive a share of your pension depends on various factors and individual ...

Directors Duties, Part 3 of 3 - How can I protect myself as a director?

Wed, 17 Jan 2024  Legal

In the third of our three part series on directors’ duties we cover how directors can protect themselves and unsure they don’t breach their duties. When becoming a director for the first ...

Challenging a Will in England and Wales

Tue, 16 Jan 2024  Legal

Challenging wills has become more commonplace in recent years with explanations for this growth including the more complex fragmented families in society, the absence of adequate pensions/financial se...

How is care funded?

Tue, 16 Jan 2024  Legal

It can be a daunting prospect when a loved member has to move to a Care Home. You may find you have numerous questions that you are unsure of the answers too. How will the care be paid for? ...

What is the starting point for division of assets in divorce?

Mon, 15 Jan 2024  Legal

I am often asked what is the starting point for division of assets in divorce. The answer is, there is no strict formula for dividing assets and each case is considered individually taking into accoun...

Directors Duties, Part 2 of 3 - What happens when it goes wrong?

Tue, 09 Jan 2024  Legal

This is the second part of the three part series on Directors Duties and examines what action can be taken against a director who is in breach of his duties or otherwise may be liable due to his posit...

Wills and estates - don't dabble

Tue, 02 Jan 2024  Legal

The recent case of Harris –v- HMRC [2018] is a clear reminder of the dangers of a person dealing with legal issues without the relevant expertise or guidance from a qualified lawyer. This parti...

Recent changes to the Court of Protection system

Tue, 02 Jan 2024  Legal

If a loved one lacks the mental capacity to manage their own financial affairs, if there is no Power of Attorney in place you are faced with having to apply to the Court of Protection for the appointm...

Explaining Software as a Service - SaaS

Tue, 02 Jan 2024  Legal

The software-as-a-service (SaaS) model has become an increasingly popular method to sell IT products. It allows software businesses to use a single platform to offer multiple customers a service with ...

Directors Duties, Part 1 of 3 - What are the legal duties of directors?

Tue, 02 Jan 2024  Legal

In this three part series, we examine (1) the legal duties of directors, (2) what happens when a director is found to be in breach of their legal duties and (3) other personal liabilities of directors...

If you are separated and sharing day to day arrangements for your children

Sat, 23 Dec 2023  Legal

If you are separated and sharing day to day arrangements for your children, you may want to take a look at an app that will assist you and your family, that can be found at ourfamilywizard.co.uk. ...

How is the family home divided if we divorce?

Fri, 22 Dec 2023  Legal

The family home is usually the biggest asset in divorce proceedings and as such, even though it can be a tough call, it often has to be sold as this is the only viable option in order the meet the fut...

Finances in divorce proceedings

Fri, 22 Dec 2023  Legal

Since The Divorce, Dissolution and Separation Bill completed its passage through the House of Commons in June 2020 changes came into force into force in April 2022, which have simplified the procedure...

How we communicate with our clients

Mon, 20 Nov 2023  General & Guest

The new methods of resolving family disputes for changing families means there is a need for us as solicitors to look at how we communicate with our clients, with other solicitors, with our clients&rs...

More on Holiday Pay!

Fri, 27 Oct 2023  Legal

Before the latest case of Agnew that has recently been dealt with in the Supreme Court, the position concerning historic underpayments of holiday pay was that if there were more than three months betw...

Protecting your Intellectual Property Rights

Wed, 25 Oct 2023  Legal

Intellectual property is a vital business asset. Rights in intellectual property play a crucial role in safeguarding the creative and innovative works within a business. They are there to ensure that ...

Would you take out your own appendix? Would you do your own divorce?

Fri, 13 Oct 2023  Legal

Jim had been experiencing pain in his belly area for some time. He ignored it thinking it would go away but it was always there and began to trouble him at night. He wasn’t sleeping well but he ...

Cutting Edge Practice in Family Law

Fri, 13 Oct 2023  General & Guest

For many years at SME solicitors our family lawyers have been committed to the ethos and methods of Resolution which was founded over 40 years ago by a group of family lawyers who believed that a non-...

Unregulated Legal Services

Tue, 01 Aug 2023  Legal

It’s well known that certain aspects of legal work can now be carried out by businesses and organisations other than solicitors. Ostensibly this was to provide greater competition although there...

Personal Guarantees - Independent Legal Advice

Tue, 25 Jul 2023  Legal

Often when obtaining borrowing for a transaction the lender may require a personal guarantee from a third party, i.e. a director or shareholder of a limited company. Our role is to give you reasoned a...

GDPR Ruling on WhatsApp Messages

Thu, 15 Jun 2023  Legal

A recent case involved an employee who brought a claim against her former employer about its alleged misuse of her private WhatsApp messages on her phone.  The employee had been dismissed by...

Tips and Service Charges for Workers

Thu, 15 Jun 2023  Legal

A new law is coming into force which will allow workers to receive tips that would otherwise have been deducted by their employers.     The Employment (Allocation of Tips) Bill was pa...

Changes to Working Time Regulations, TUPE and Restrictive Covenants

Thu, 15 Jun 2023  Legal

Following the government’s decision not to ‘burn’ all EU-derived law and instead to keep it and to remove from the statute book that which it considers does not help regulation since...

Twitter and Defamation

Tue, 06 Jun 2023  Legal

In reality defamation – usually referred to as slander and libel – rarely crops up a genuine legal issue. From time to time we receive lots of questions about whether something is defamato...

Special Financial contribution argument very hard to make out

Fri, 19 May 2023  General & Guest

It has always been more difficult than many think to justify a ring fencing of assets because one party asserts greater contribution to the acquisition of those assets. It is often a waste of time and...

Hybrid Working – Here to Stay

Tue, 16 May 2023  General & Guest

The pandemic has resulted in many more people working from home compared to what the position was prior to it when only 2% of workers were working mostly from home and 18% had some form of home workin...

Budget 2023 CGT – Separation and Divorce

Thu, 16 Mar 2023  General & Guest

Having been shrouded in mystery for the past few weeks the budget yesterday has finally clarified the position for CGT on divorce and separation. As previously announced, for disposals from 6 April 2...

What do you call a Judge...?

Mon, 23 Jan 2023  General & Guest

No it’s not the first line of a joke. On 1 December 2022, the Lord Chief Justice, Lord Burnett of Maldon and the Senior President of Tribunals, Sir Keith Lindblom announced in a messa...

Email, WhatsApp and Text Messages can be binding

Mon, 23 Jan 2023  General & Guest

In the case of Hudson v Hathway [2022] the Court of Appeal has confirmed two points of importance in day to day cases. The first is that a cohabitee seeking to establish a tr...

More separations in 2023?

Fri, 23 Dec 2022  General & Guest

More separations in 2023? A report in the press (Daily Telegraph 23.12.22) based on research by PwC suggests that divorce rates will climb at the fastest pace since 1971 and unhappiness will reach th...

Lawyerly Language

Mon, 07 Nov 2022  General & Guest

Lawyerly language? Following recommendations of the Family Solutions Group, the President of the Family Division has commissioned a report, “Language Matters”, which calls for a fresh loo...

Uncertain Times: Contract check

Thu, 13 Oct 2022  Legal

Resilience is a term often banded about as a skill worth developing and the recent few years and events have perhaps tested our resilience levels more than usual. It is also a quality, which businesse...

Stamp Duty Land Tax Changes

Tue, 27 Sep 2022  Legal

The Chancellor’s mini budget of 23 September has made a number of changes to the Stamp Duty Land Tax rules with effect from 23 September 2022. The biggest is that the threshold for payment of S...

Changes to Capital Gains Tax on Separation and Divorce

Mon, 12 Sep 2022  Legal

Under current rules provided any transfer takes place during the tax year of separation transfers of assets between spouses do not crystallise tax with the receiving spouse effectively taking the tran...

Samantha Lloyd - Three Peaks Challenge

Mon, 12 Sep 2022  Events

SME Partner and Head of Private Client Samantha Lloyd is undertaking a huge challenge in October and we are with her all the way!  Grace Kelly Childhood Cancer Trust have invited Sam to joi...

Samantha Lloyd - Member of the Worcestershire Ambassadors

Tue, 09 Aug 2022  Firm News

Our partner & head of Wills & Probate Samantha Lloyd recently became a member of the Worcestershire Ambassadors!    https://twitter.com/SMESolicitors/status/1556979813860130817&nbs...

Workplace Temperatures

Wed, 20 Jul 2022  Legal

An early day motion has been put forward by an MP to introduce legislation to require employers to maintain reasonable temperatures in the workplace. An early day motion is a proposal to debate a subj...

Top Ten Tips for Settling a Dispute

Mon, 18 Jul 2022  Legal

If you are involved in a dispute then you may wish to settle it as quickly and efficiently as possible.  It is therefore important that you understand how to manage the dispute to reach a favoura...

Time is of the Essence

Wed, 13 Jul 2022  Legal

In the supply of goods and services time can be a critical factor.  If a supplier fails to deliver the goods or services within a specified time frame this can often lead to protracted disputes a...

Debt Recovery letters - Don't ignore them

Tue, 12 Jul 2022  Legal

If you receive a letter or written document which sets out a claim or complaint don't ignore it. It is often fear of the unknown that causes us to put it to the bottom of the pile; deal with it later;...

Credit Control

Tue, 12 Jul 2022  Legal

Credit control can often be a time consuming exercise that detracts you from the day to day running of the business but as this article will explain it is an essential part to cash flow and growth.&nb...

Are no fault evictions a thing of the past?

Mon, 27 Jun 2022  Legal

The Government published a White Paper, called The Fairer Private Sector White Paper, on 16 June 2022.  Within the White Paper the Government discusses how millions of households will benefit fro...

Robot Law and Mediation

Fri, 17 Jun 2022  Legal

Sir Geoffrey Vos, the Master of the Rolls (MR), has given a speech at the Chartered Institute of Arbitrators in which he discussed mandatory mediation within civil proceedings and its place in the dig...

Ombersley Cricket Club

Tue, 14 Jun 2022  Events

Some of our team have recently had a fabulous evening at Ombersley CC! SME Solicitors are proud to sponsor their new ladies team. Our female solicitors went along to hear a talk on breast ...

Taking Children on Holiday

Tue, 14 Jun 2022  Legal

Now the world is returning to some sort of normality after Covid restrictions, many people are excited about the prospect of travelling again. If planning a trip abroad, divorced and separated parent...

Is it worth it?

Tue, 14 Jun 2022  Legal

The well-publicised libel case brought by Rebekah Vardy against Coleen Rooney because of something she tweeted has highlighted one of the basic principles of litigation – ie is the case worth th...

Costs in financial applications

Tue, 14 Jun 2022  Legal

Rule 28.3 (5) of the Family Procedure Rules says that “the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another p...

Family Law - Holiday

Wed, 01 Jun 2022  Legal

Now the world is returning to some sort of normality after Covid restrictions, many people are excited about the prospect of travelling again. If planning a trip abroad, divorced and separated parent...

Is it unfair dismissal if a care worker refuses the Covid-19 vaccination?

Mon, 09 May 2022  Legal

Cases are now coming through the employment tribunal regarding care workers who refused the Covid-19 vaccination in 2020 and subsequently were dismissed. The employment tribunal found in the case of ...

Pension Sharing Orders on Divorce

Thu, 21 Apr 2022  Legal

How to divide pensions on divorce has long been a thorny issue. Given the amount of time now expended on the question it is hard to think that as recently as the mid-80’s next to no thought was ...

Why Have Written Contracts?

Tue, 19 Apr 2022  Legal

A contract does not have to be a formal document in writing and can be concluded over the phone, face to face, by action or by piecing together several pieces of correspondence. As long as the ingredi...

Divorce Cases Increase After Rule Change

Thu, 14 Apr 2022  Legal

The Law Society Gazette has reported that the courts have received 3,000 divorce petitions in the first week since the shift to no-fault divorce petitions. This is a 50% rise on an average week in 202...

Lasting Powers of Attorney

Thu, 07 Apr 2022  Legal

I, along with lawyers up and down the country, have been advising clients to put in place Lasting Powers of Attorneys (LPAs) since they were introduced back in 2007.  Despite this, research recen...

Security for Costs

Mon, 04 Apr 2022  Legal

Sometimes a respondent to a case is face with a real possibility of having to respond to an application that does not have much merit and may have been made more in continuation of the emotional traum...

Representing Both Parties

Mon, 04 Apr 2022  Legal

Can one firm of solicitors – or even one solicitor – represent both parties on a divorce? The answer is yes in certain circumstances and we are happy to discuss with you whether your part...

Franchising - Explained

Fri, 01 Apr 2022  Legal

Franchising is a growth area worth about 17.2 billion in the UK. More people are employed in franchising than ever before as the sector continues to grow. Recently there has been a record rise in fema...

Online Divorce Applications

Fri, 01 Apr 2022  Legal

Today is the last day for online divorce applications to be made under the old Divorce law. Only Urgent applications will be able to be made between now and the 5th April (that is usually for jurisdic...

Parties Must Engage in Proceedings Properly

Fri, 01 Apr 2022  Legal

The High Court has emphasised the need for parties to engage personally with the disclosure process - Sheeran and others v Chokri and others [2021]. One party sought to kick out the other party for n...

Getting Product to Market - Distributors

Wed, 23 Mar 2022  Legal

This is Part 2 of the series of articles exploring how businesses can maximise their sales of products  (whether goods or services) to customers and looks into the appointment of distributors. D...

Getting Product to Market - Agents

Wed, 23 Mar 2022  Legal

The theme of this series of articles is to explore strategies that a business can use to expand their customer base or presence of product in the market. Using the term “product” to mean g...

Lasting Powers of Attorney

Tue, 01 Mar 2022  Legal

A recent survey carried out by Which? revealed that only one in seven people have given someone else power of attorney over their affairs.  The main reason given by Which? is a lack of awareness ...

Small Claims

Mon, 21 Feb 2022  Legal

In January 2022 the Civil Justice Council published its final report on The Resolution of Small Claims, following an earlier interim report. The Report recommends that cases for £500 or less th...

Can Covid justify re-opening a financial order?

Mon, 14 Feb 2022  COVID-19 Information

Hopefully Covid will begin to recede as an issue in all of our lives but until it does if it has had a serious financial effect can it be a reason to re-open a deal? The question has been considered ...

What happens to your Facebook if you die?

Wed, 09 Feb 2022  Legal

Following a death, executors will need to deal with all the assets. We are familiar with bank accounts, property and shares but do we give any thought to our digital assets? Many of us will have digit...

Change to Divorce law from April 2022

Fri, 28 Jan 2022  Legal

In 2018 the Supreme Court dismissed Mrs Owens’ divorce petition. She had presented a divorce petition to the Court relying on her husband’s behaviour, which she said meant that she could n...

Redundancy – SME Solicitors is here to help

Thu, 27 Jan 2022  Legal

One of the many unfortunate consequences of the Covid-19 pandemic has been the distressing process of making employees redundant. Cases are now starting to come from the Employment Tribunal where it ...

The Importance of Making a Will

Mon, 17 Jan 2022  Legal

It is a sad fact, but on occasion we may meet a client who having lost a loved one then has to deal with the distress of finding out that their loved one had not made a Will.    So oft...

COVID 19: Commercial Contracts

Thu, 16 Dec 2021  COVID-19 Information

Many businesses rely on their contracts to protect them as they conduct their day to day business. Once these are in place they are often overlooked as a document that needs reviewing to keep abreast ...

Losing Parental Responsibility

Mon, 06 Dec 2021  Legal

There are various ways prescribed by s 4 (1) (a) of the Children Act 1989 as amended in which an unmarried father may acquire parental responsibility (“PR”) for a child.  What many p...

Business contracts: let’s not do battle! Part Two

Mon, 15 Nov 2021  Legal

In Part 1 last month, Justine Lowe from SME Solicitors explained how the Battle of the Forms can arise.  Here in Part 2, she suggests how businesses can avoid the situation before battle lines ar...

Worcester Cancer Research Race for Life

Tue, 19 Oct 2021  Events

On 17 October a team of 11 of us took part in the Worcester Cancer Research Race for Life and as at 19 October raised £3175 for the charity. Will Cadbury led home our 10k runners and Darcey Lloy...

SME Solicitors Race for Life 2021 in aid of Cancer Research

Wed, 06 Oct 2021  Events

SME Solicitors Race for Life 2021 in aid of Cancer Research 2021 has been a year in which cancer has touched SME in a big way so a team of us is trying to raise as much money as we can to help with r...

Business contracts - let’s not do battle! Part One

Thu, 19 Aug 2021  Legal

Many businesses seek to trade on standard terms and conditions to avoid negotiating bespoke contracts every time they buy or sell goods or services to another business*, but these can get misused and ...

Why should I use a solicitor to make my Will?

Thu, 19 Aug 2021  Legal

In this day and age, everything can be done on the cheap. Need new glasses?  Order online! Want a cheap meal?  Find a voucher! Some people even sell their houses themselves to save the estat...

You need a Will! YES, I’m talking to you!

Thu, 19 Aug 2021  Legal

There is a tendency in life, when faced with an unpleasant thought or task, to brush it to one side and deal with it another day.  We are all guilty of doing this whether it is putting off bookin...

Does failing to consider furlough make dismissals unfair?

Thu, 19 Aug 2021  Legal

In a recent tribunal case an employment judge found that it was unfair to make someone redundant without considering whether to furlough the employee.  The judge stated that employers have an act...

What happens when I have made an application to court for a financial remedy order?

Thu, 29 Jul 2021  Legal

Step 1. Filing documents at Court When the court receive your application to issue financial remedy proceedings, a timetable is set by the court and sent to both parties solicitors or directly to the...

Civil Partnerships – What are they? What happens when they go wrong?

Thu, 29 Jul 2021  Legal

A Civil Partnership is a legally recognised relationship between two people and offers many of the same benefits as a conventional marriage.  They were introduced in December 2019 when the Civil ...

Is it a philosophical belief that a human being cannot change their biological sex for the purpose of the Equality Act 2010?

Mon, 05 Jul 2021  Legal

In the recent case of Forstater v CGD Europe & ors, the Employment Appeal Tribunal (EAT) found that the holding of the view that a human being cannot change their biological sex was capable of amo...

UK/EU Data Protection

Fri, 25 Jun 2021  Legal

EU member states have agreed two “adequacy” decisions for the UK’s Data Protection laws.  This means that, subject to formal adoption of the decision by the European Commission,...

A Date for No Fault Divorce

Tue, 08 Jun 2021  Legal

The government have finally committed to bring into force “no fault divorce” on 6 April 2022.  Whilst this is later than had been hoped this has at last now been fixed, and is a matte...

Specialist commercial & contract lawyer joins SME business team

Tue, 04 May 2021  Firm News

SME Solicitors has announced the appointment of solicitor Justine Lowe within its Business Services department.   Justine, who joined the Worcester city centre firm of solicitors in Sansome Wal...

COVID-19: Employment Law Update 12: The Coronavirus Job Retention Scheme Extended

Mon, 15 Mar 2021  COVID-19 Information

The Coronavirus Job Retention Scheme Extended The Chancellor announced in the Budget on 3 March 2021 that the Government was extending the Coronavirus Job Retention Scheme, also known as the Furlough...

Who is entitled to the house?

Wed, 10 Mar 2021  Legal

For many years it has been clear that someone who does not own the house may be able to make acclaim over it.  The principles involved come from the law of trusts. The central argument is that th...

Dogs and Mogs

Mon, 08 Mar 2021  Legal

In an article in the February edition of “Family Law” Simon Bruce from Farrer & Co in London comments on the situation of family pets in family breakdown. Mr Bruce observes that owner...

Uber v Aslam – Uber Drivers are Workers

Thu, 04 Mar 2021  Legal

On 19 February 2021, the Supreme Court handed down its decision in the Uber v Aslam case, rejecting the Appellant’s (Uber) appeal and upholding the decision that Uber drivers are workers for the...

COVID-19: Employment Law Update 11: Addendum

Tue, 16 Feb 2021  COVID-19 Information

HM Treasury has published a new treasury direction in relation to the Job Support Scheme Extension that deals with Furlough claims from 1 February 2021 to 30 April 2021. The direction states that fur...

Comparing apples with pears – pension offsetting

Tue, 16 Feb 2021  Legal

The courts have had power to order pension earmarking and pension sharing for twenty years. However there is often difficulty because cash, houses and pension are such different types of assets. Argum...

Internal moves: promotion at SME

Thu, 11 Feb 2021  Firm News

SME Solicitors has announced the promotion of Liz Meddings to the role of manager within its Residential Conveyancing department.   Liz’s promotion includes the day to day management of t...

COVID-19: Employment Law Update 10: The Job Support Scheme Extended

Thu, 21 Jan 2021  COVID-19 Information

The Job Support Scheme Extended The Government announced in December 2020 that the furlough scheme will be extended until 30 April 2021. The Government also announced that it will continue to pay 80...

I don't need a will - do I?

Tue, 22 Dec 2020  Legal

No one likes to think about making a Will.  If we are young, death seems too far away and as we get older the idea of planning for death becomes more and more unpalatable.  The thought of wh...

'Will' you want this Christmas present?

Tue, 22 Dec 2020  Legal

It’s that time of year when the weather gets colder, the nights darker and there is a definite feeling of winter looming.  Christmas decorations are being pulled from lofts and  mince ...

COVID-19: Employment Law Update 9: The Coronavirus Job Retention Bonus Scheme and The Job Support Scheme Extension

Mon, 02 Nov 2020  COVID-19 Information

Updated:  2 November 2020 The Job Support Scheme Extension which was due to commence on 1 November 2020 has been postponed due to the Government announcing a second national lockdown and extendi...

COVID-19: Employment Law Update 8: The New Job Support Scheme

Thu, 08 Oct 2020  COVID-19 Information

Updated:  2 November 2020 The Job Support Scheme Extension which was due to commence on 1 November 2020 has been postponed due to the Government announcing a second national lockdown and extendi...

COVID-19: Employment Law update 7: Changes to the Furlough Scheme as of 1 September 2020

Thu, 03 Sep 2020  COVID-19 Information

From 1 September 2020 the cost of keeping employees furloughed becomes much more obvious for employers.  As well as employers having to pay employees National Insurance Contributions and minimum ...

COVID-19: Employment Law Update 6: Update on the Coronavirus Job Retention Scheme & the Flexible Furlough Scheme

Tue, 01 Sep 2020  COVID-19 Information

Update on the Coronavirus Job Retention Scheme (Furlough Leave) and the Flexible Furlough Scheme The last day employers could place employees on furlough leave was 10 June 2020, with the furlough sch...

SME Solicitors donates to Neonatal Unit

Wed, 22 Jul 2020  Firm News

SME Solicitors has completed a year of fundraising for the Neonatal Unit at Worcestershire Royal Hospital by donating £1200 to the Unit.   SME Solicitors fundraised for the charity throug...

Stamp Duty Holiday

Wed, 08 Jul 2020  Legal

The Chancellor of the Exchequer, Rishi Sunak, has today announced a Stamp Duty holiday on properties up to the value of £500,000.00. Stamp Duty will not be payable on any sole property purchase...

Redundancy Fact Sheet

Thu, 02 Jul 2020  Legal

It is important to note at this point that redundancies should be the last point of call for businesses even during these changing times.  Businesses may expose themselves to the risk of unf...

COVID-19 - Lockdown divorce

Tue, 09 Jun 2020  COVID-19 Information

There has been much comment in the national or even international press about the effects of lockdown on relationships when so many people have been forced to spend so much time close together. Appare...

No second bite at the cherry

Tue, 09 Jun 2020  Legal

Sometimes a final hearing doesn’t go as the client wanted. And sometimes the client will ask whether an extra little bit of information might have made a difference then wants to try to put that...

The duty of disclosure

Tue, 09 Jun 2020  Legal

It doesn’t take too much imagination to think of situations in which a party to financial proceedings might be tempted to explain just the parts of his or her case that are helpful, to miss bits...

COVID-19 – Employment Law Update 5: Furlough Leave and Annual Leave

Tue, 26 May 2020  COVID-19 Information

Coronavirus Job Retention Scheme (Furlough Leave) and Annual Leave A highly discussed topic currently is whether employers can compel employees to take annual leave whilst they have been furloughed.&...

Inheritance Tax Update

Thu, 21 May 2020  Firm News

Since April 2017, many estates in the UK have benefitted from an additional Inheritance Tax Allowance called the Main Residence Nil Rate Band.   Estates of individuals who have direct descendan...

COVID-19 - The Impact on Commercial Contracts and Commercial Loans

Thu, 30 Apr 2020  COVID-19 Information

Many businesses will be concerned about the impact of COVID-19, and any subsequent economic and social changes, on their commercial contracts. Now more than ever is the time to update your terms and c...

COVID-19 - Supporting Your Business

Thu, 30 Apr 2020  COVID-19 Information

Our experienced Business Services team understand that these are unusual and demanding times for your business. We can assist you during this time by providing straightforward and pragmatic advice on ...

COVID-19 - Employment Law Update 4: Coronavirus Act 2020 - Treasury Direction to HMRC

Wed, 22 Apr 2020  COVID-19 Information

Coronavirus Act 2020 - Treasury Direction to HMRC On 15 April 2020 the Treasury published Directions for HMRC under powers conferred by the Coronavirus Act 2020.   The Directions provide gu...

COVID-19 - Employment Law Update 3: Job Retention Scheme - Treasury Direction

Thu, 16 Apr 2020  COVID-19 Information

The Working Time (Coronavirus) (Amendment) Regulations 2020 The Government announced on 27 March 2020 that employees who are not able to take their annual leave due to COVID-19 will now be able to c...

COVID-19 - Changes to insolvency laws to deal with Coronavirus pressures

Tue, 31 Mar 2020  COVID-19 Information

On Saturday 28th March Alok Sharma, the UK Business Secretary announced new plans to protect businesses from the normal threats of enforcement. Under the plans, the UK’s Insolvency Framework wi...

COVID-19 – Making Wills and LPAs remotely

Tue, 31 Mar 2020  COVID-19 Information

We are in very unsettled times, and circumstances seem to change daily. At SME we understand that there is still a very real need to execute Wills and Lasting Powers of Attorney, particularly for key ...

COVID-19 - Employment Law Update 2: Self Employment and Furlough Leave

Mon, 30 Mar 2020  COVID-19 Information

The Government announced on Thursday 26 March 2020 that they will be providing grants to all those who are self-employed and are eligible up to the value of £2,500 per month under the Self-Emplo...

COVID-19 - Arrangements for Separated Families

Thu, 26 Mar 2020  COVID-19 Information

Michael Gove has clarified that parents are permitted during this lockdown period to travel between each other’s houses in order for children to spend time with both parents. It is recommended t...

COVID-19 - Employment Law Update 1: Furlough Leave

Thu, 26 Mar 2020  COVID-19 Information

The Government announced on Friday 20 March 2020 that they will be providing assistance to all UK employers to obtain access to financial support to help to prevent employees from being made redundant...

COVID-19 - Do I need a Will and how would I do it during self-isolation?

Thu, 26 Mar 2020  COVID-19 Information

No one likes to think about making a Will.  If we are young, death seems too far away and as we get older the idea of planning for death becomes more and more unpalatable.  The thought of wh...

Lasting Powers of Attorney - what are they and why are they so important?

Wed, 25 Mar 2020  Legal

We all know how important it is to have a Will prepared.  A Will ensures that your assets go where you want them to, and allows you to make decisions about your funeral wishes or who would look a...

Brexit and Family Law

Wed, 29 Jan 2020  Legal

Resolution has provided a short guidance to the international aspects of family law and how they will be affected by Brexit, this is a summary of what they have said: “Brexit briefing January 2...

Samaritans Brew Monday

Mon, 20 Jan 2020  Events

Blue Monday?  What Blue Monday?  We are joining in the Samaritans Brew Monday here in our offices.  SME staff and Partners are taking a tea break (with cake obviously!) to highlight the...

Family Mediation Week

Fri, 17 Jan 2020  Events

The week of 21-25 January is Family Mediation Week.  Family Mediation is an area which can be a helpful aide to separating couples and in which we have expert solicitors and extensive experience....

Opposite-Sex Couples to Enter into a Civil Partnership

Tue, 12 Nov 2019  Legal

Opposite-sex couples should soon be able to enter into a civil partnership instead of marrying. The House of Lords have approved regulations, which are intended to commence on 2 December, which would...

Divorce survival pack

Tue, 01 Oct 2019  Legal

There is such a huge difference between the immensely powerful feelings experienced at the beginning of a relationship compared with the immensely powerful but almost opposite feelings experienced at ...

Worcester Fashion Show

Fri, 20 Sep 2019  Events

Will Cadbury and Ellen Conry took to the catwalks as models in the Worcester Business Improvement District fashion show in aid of the Worcester Breast Unit Haven on the 19th of September, we were thri...

Tenant Fees Act 2019

Wed, 31 Jul 2019  Legal

On 1st June 2019 the Tenant Fees Act 2019 came into force.   The purpose of the Act is to restrict the types of payments that Landlords and letting agents can demand from tenants.  The Act...

Work experience at SME Solicitors

Tue, 23 Jul 2019  General & Guest

We regularly welcome work experience students to SME Solicitors and really enjoy their input and the chance to showcase what we do across our different teams in the hope of inspiring them to enter the...

Facebook and Slander – What constitutes slanderous remarks on Facebook?

Thu, 13 Jun 2019  Legal

A hot topic in the courts at the moment is people claiming that comments made on Facebook constitute slander. In a very recent case that went all the way to the Supreme Court the concept of the reaso...

Top Ten Tips for settling a dispute

Tue, 11 Jun 2019  Legal

If you are involved in a dispute then you may wish to settle it as quickly and efficiently as possible.  It is therefore important that you understand how to manage the dispute to reach a favoura...

Residential Lettings – are you up to date?

Thu, 06 Jun 2019  Legal

On 1 October 2015 the Deregulation Act 2015 came into force and changed the rules and procedures relating to the eviction of tenants.  The implementation of the Act made a number of signifcant ch...

The Enforceability of County Court Judgments

Thu, 30 May 2019  Legal

Prior to the issuing of proceedings you must think carefully about the financial stability of the defendant.  Whilst you may succeed in law will you be in a position to enforce a Judgment?  ...

Debt Recovery letters - Don't ignore them

Thu, 23 May 2019  Legal

If you receive a letter or written document which sets out a claim or complaint don't ignore it. It is often fear of the unknown that causes us to put it to the bottom of the pile; deal with it later;...

Credit Control

Thu, 09 May 2019  Legal

Credit control can often be a time consuming exercise that detracts you from the day to day running of the business but as this article will explain it is an essential part to cash flow and growth.&nb...

Rights by prescription

Thu, 25 Apr 2019  Legal

Can a simple notice protect you from a claim of right by prescription? Over the years there has been much debate between land owners as to the nature and effect of easements arising by way of prescri...

Penalty Clauses – A change in the law

Thu, 18 Apr 2019  Legal

Historically the law surrounding penalty clauses was based on there being a genuine pre-estimate of loss.  Clauses of this nature were often found in contracts by reference to liquidated damages;...

End of the meal ticket?

Thu, 28 Feb 2019  Legal

Although divorce law has for many years required the courts to consider terminating the financial dependence of one spouse on the other there have nonetheless been many cases in which ongoing orders f...

Employment Law Update

Wed, 20 Feb 2019  Legal

This is an update in relation to forthcoming changes in Employment legislation and also the outcome of one particular case in the Employment Tribunal concerning Age Discrimination.  It does not c...

Child Support Regulations 2018

Wed, 13 Feb 2019  Legal

On 29th November 2018 the Government changed the Child Support Regulations back to enable the CMS to take into account a Non-Resident Parent (NRP) assets for child support payments. This is particular...

Employment Law - Brexit Update

Wed, 30 Jan 2019  Legal

Brexit is due to take place on the 29th March 2019 unless the Government decides to postpone this until July at the latest.  The text of a draft Withdrawal Agreement that was reached in November ...

County Court and High Court Judgment and their effect on individual’s credit ratings

Fri, 25 Jan 2019  Legal

Every judgment made against an individual in the High Court or County Court is entered on the Register, Reg.8 of the Register of Judgments, Orders and Fines Regulations 2005.  However, there are...

Brexit and Data Protection - Deal or No Deal Implications

Tue, 15 Jan 2019  Legal

Background The General Data Protection Regulation (GDPR) became applicable to all EU member states on 25th May 2018. The UK passed the Data Protection Act 2018 which also came into force from 25th Ma...

Family law developments in 2019 - sharing and financial contributions on divorce

Tue, 08 Jan 2019  Legal

In the majority of cases contributions are not specifically taken into account unless they are “stellar” or there is a major reason to include them. As such this is not a factor for most d...

Meet the divorce lawyers in the Cotswolds

Thu, 03 Jan 2019  General & Guest

Read full article here: https://www.cotswoldlife.co.uk/business/meet-the-divorce-lawyers-in-the-cotswolds-1-5817919 My aim as a family solicitor is to help people who are going through what can ...

Family Mediation at SME

Thu, 13 Dec 2018  Legal

Family Mediation at SME What would happen if you and your other half split up?  What would happen for the children?  What about the house? Would you want to be able to sort out as possible ...

Christmas Spirit at SME!

Tue, 11 Dec 2018  Events

Now it’s almost the middle of December, staff here at SME Solicitors are all getting in the spirit of the season!  The decorations are up around our 2 Worcester city centre offices and are ...

How to avoid divorce over Christmas!

Tue, 11 Dec 2018  Legal

1 .        Don’t be unrealistic about what Christmas will bring to your family or relationship. It can be a magical time but it won’t perform miracles. 2  ...

Divorce Survival Guide - Part 3

Wed, 28 Nov 2018  Legal

The third in a series of articles suggesting ways to survive divorce or separation in a positive way.   3          Understand your Now, Where and Ho...

Divorce Survival Guide - Part 2

Tue, 13 Nov 2018  Legal

The second in a series of articles suggesting ways to survive divorce or separation in a positive way.   2) Stay Positive   Some days you will be up and some days you will be down. That ...

Divorce Survival Guide - Part 1

Tue, 30 Oct 2018  Legal

The first in a series of articles from SME Solicitors suggesting ways to survive divorce or seperation in a positive way.   1) Have Patience   Not always easy. If your partner has not be...

Are you really married?

Thu, 25 Oct 2018  Legal

For a marriage to be legally recognised in England and Wales you have to have complied with certain formalities (see my previous article about the differences between marriage and living together). I...

SME supports a great debate

Wed, 24 Oct 2018  Firm News

PRESS RELEASE SME Solicitors is again sponsoring the RGS Worcester debating team for the coming academic year.   RGS Worcester and SME Solicitors have a long-standing relationship going back m...

No Deal Brexit Maintenance

Mon, 22 Oct 2018  Legal

Joanna Gardner explains that the Government has published an article explaining how family law cases would change if the UK leaves the EU with ‘no deal’ In the article she summarises...

No Deal Brexit Gen Family

Thu, 11 Oct 2018  Legal

Joanna Gardner explains that the Government has published an article explaining how family law cases would change if the UK leaves the EU with ‘no deal’ In the second of three articles sh...

No Deal Brexit Divorce

Thu, 04 Oct 2018  Legal

Joanna Gardner explains that the Government has published an article explaining how family law cases would change if the UK leaves the EU with ‘no deal’ In the first of three articles she...

Newly qualified solicitor Ellen Conry taken on by SME

Tue, 02 Oct 2018  Firm News

We are very proud about Ellen Conry qualifying as a solicitor.   Read the article on Worcester News!   https://www.worcesternews.co.uk/news/business/16908824.newly-qualified-solicitor-el...

Congratulations to Ellen for qualifying as a Solicitor!

Tue, 18 Sep 2018  Firm News

We would like to say a big congratulations to Ellen Conry, as we're proud to share that on the 17th September she officialy qualified as a solicitor!  A huge congratulations on this fantastic ac...

Government review of the Modern Slavery Act 2015

Wed, 08 Aug 2018  Legal

The Home Office has annouced it will be launching an independent review of the Modern Slavery Act 2015. The review will be led by Frank Field MP, Baroness Butler-Sloss and Maria Miller MP. It is anti...

Stuck in a marriage she can't get out of?

Wed, 08 Aug 2018  Legal

There has been a great deal of press comment about the judgment of 25 July 2018 concerning the case of Mr and Mrs Owens. Mrs Owens was refused a divorce based on allegations about her husband’s ...

Mills v Mills

Wed, 18 Jul 2018  Legal

The Supreme Court’s decision published today in the case Mills v Mills will be a partial victory for Mr Mills as the Supreme Court overturned the Court of Appeal’s decision that ...

GDPR – Business to Business – Do you need to do anything?

Tue, 10 Jul 2018  Legal

Many of our business clients supply to other businesses. We have noticed there is a misconception in those cases that they do not have to do anything to comply with the Data Protection Act 2018. The s...

Do you need a Brexit contract review?

Thu, 05 Jul 2018  Legal

Timeline Whilst no agreement has yet been reached yet between UK Parliament and the EU member states, Brexit is fast approaching. Our government has until a long stop date of 13th December 2018 to ...

Failure to provide reasonable financial provision under a Will

Thu, 03 May 2018  Legal

Increasingly we are seeing fragmented families with several relationships and children from different relationships over the course of people’s lives.  This can leave a real muddle after de...

SME SOLICITORS GUEST BLOG POST

Fri, 13 Apr 2018  General & Guest

European Structural & Investment Fund Sub-Committee It is quite a mouthful so we call it ESIF for short! But what is it? And why is there one in Worcestershire? You will, no doubt, be familiar w...

From Uncertainty to Certainty

Thu, 29 Mar 2018  Legal

From uncertainty to certainty One of the biggest things that worries clients facing family breakdown is the fear of uncertainty. What is to happen about the children?  What's going to happen abo...

David Denovan-Smith ACTAPS Accreditation

Wed, 21 Mar 2018  Firm News

We're proud to announce that David Denovan-Smith from SME Solicitors is duly registered as a member of the Association of Contentious Trust and Probate Specialists. David Denovan-Smith has recently b...

Monitoring an employee’s personal emails may be a breach of human rights

Thu, 08 Mar 2018  Legal

The recent decision in the Grand Chamber of the European Court of Human Rights (ECHR) highlights the risk to employers who choose to monitor employee’s emails. In the case of Barbulescu v Roman...

Border In A Box Wins £12,000 Worcestershire Innovation Prize

Wed, 07 Mar 2018  General & Guest

An innovative gardening solution from Pershore wins the WINN ’Make It Happen Challenge’ An innovative way to get the gardens of Worcestershire blooming has won the WINN ‘Make It Hap...

Honesty is always the best policy

Wed, 07 Mar 2018  Legal

Although it may be tempting for an employer to try to “soften the blow” when dismissing an employee, they should be aware that doing so may have serious implications. In the recent case of...

The Appointment of Executors/Administrators

Mon, 26 Feb 2018  Legal

When being asked to deal with the administration of an estate, the first important factor is to find out if the deceased person left a Will.   On being advised that a deceased person has left a...

The Use of Signage to Prevent Easements Arising by Prescription

Mon, 26 Feb 2018  Legal

Car parking wars A legal easement (a right to use land that you do not own) can be created by long use also known as ‘by prescription’.  One element necessary for creating an easemen...

Are you married/in a civil partnership or living together? Do you know your rights?

Tue, 13 Feb 2018  Legal

Are you married/in a civil partnership or living together? Did you know; There is no longer such a thing as a common law marriage. It was abolished by the 1753 Marriage Act? Several misconceptions e...

Did you know? Are you married/in a civil partnership or living together? - Part 9

Mon, 12 Feb 2018  Legal

WHY DOES IT MATTER? What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally v...

Did you know? Are you married/in a civil partnership or living together? - Part 8

Mon, 12 Feb 2018  Legal

WHY DOES IT MATTER? What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally v...

Did you know? Are you married/in a civil partnership or living together? - Part 7

Mon, 12 Feb 2018  Legal

WHY DOES IT MATTER? What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally v...

Did you know? Are you married/in a civil partnership or living together? - Part 6

Mon, 12 Feb 2018  Legal

WHY DOES IT MATTER? What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally v...

Did you know? Are you married/in a civil partnership or living together? - Part 5

Mon, 12 Feb 2018  Legal

WHY DOES IT MATTER? What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally v...

Did you know? Are you married/in a civil partnership or living together? - Part 4

Mon, 12 Feb 2018  Legal

WHY DOES IT MATTER? What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally v...

Did you know? Are you married/in a civil partnership or living together? - Part 3

Mon, 12 Feb 2018  Legal

The requirements in England and Wales for a marriage to be recognised as valid . This article is not designed to cover every aspect of matrimonial law, but here are a few things you should be aware o...

Did you know? Are you married/in a civil partnership or living together? - Part 2

Mon, 12 Feb 2018  Legal

The requirements in England and Wales for a marriage to be recognised as valid . This article is not designed to cover every aspect of matrimonial law, but here are a few things you should be aware o...

Did you know? Are you married/in a civil partnership or living together? - Part 1

Mon, 12 Feb 2018  Legal

This is the first of a series of short pieces about marriage and the different rights for married people/civil partners and people who are not married but live together as couples. There is no longer...

Legal Marriage - DID YOU KNOW?

Thu, 08 Feb 2018  Legal

There is no longer such a thing as a common law marriage. It was abolished by the 1753 Marriage Act. Several misconceptions exist in relation to marriage and when people live together: Some people...

DID YOU KNOW? A Leaseholder has a right to occupy premises for the term set out in the lease.

Thu, 08 Feb 2018  Legal

A Leaseholder has a right to occupy premises for the term set out in the lease. As the length of the lease decreases so does its value. It is, however, possible to extend the lease. “Qualifying...

Are you a supplier? Do you have a Retention of Title Clause?

Thu, 08 Feb 2018  Legal

It is a familiar tale where a supplier transfers goods to a buyer and then the buyer fails to make payment.  If the buyer subsequently becomes insolvent there is very little recourse. The ad...

The importance of negotiation

Thu, 08 Feb 2018  Legal

A recent case between warring neighbours in Somerset is a valuable reminder of the importance of negotiating property disputes.    In brief, Mr Shorltand and his partner had no direct acce...

Mediation

Thu, 08 Feb 2018  Legal

The Court of Appeal has sent a strong warning to parties who drag their heels on mediation.   In the recent case of Thakkar and another v Patel and another [2017] EWCA Civ 117 the Court was ask...

Time is of the Essence

Thu, 08 Feb 2018  Legal

In the supply of goods and services time can be a critical factor.  If a supplier fails to deliver the goods or services within a specified time frame this can often lead to protracted disputes a...

Land Tribunal Summary Note

Thu, 08 Feb 2018  Legal

The Land Registry (“LR”) and the First Tier Lands Tribunal (“the Tribunal”) resolves a number of property related disputes.    When an application is made to the LR...

The end of Employment Tribunal fees

Thu, 08 Feb 2018  Legal

In 2013, the Employment Tribunal and Employment Appeal Tribunal Fees Order was introduced. This order changed the rules on making a claim in the Employment Tribunal, the result of which was that those...

The importance of retaining title Deeds

Thu, 08 Feb 2018  Legal

What are title Deeds? Title Deeds are documents that show the chain of ownership and dealings for land and property. They include Conveyances, Legal Charges, Grants of Probates and Leases. They can a...

Claim a Refund of LPA Registration Fees

Thu, 08 Feb 2018  Legal

The Office of the Public Guardian has recently announced that they are offering a refund of registration fees.  This relates to Lasting Powers of Attorney that were registered between 1st April 2...

We are proud to be sponsoring The Droitwich Half Marathon

Fri, 26 Jan 2018  Events

We are proud to be sponsoring the Droitwich Half Marathon! So dust off your running shoes and come join us on Sunday 4th March.