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NATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. PLANNING APPEALS DURING THE COVID-19 PANDEMIC Clearly, given the wide-reaching effects that the COVID-19 pandemic, the development industry are keen to ensure that its impacts can be minimised. The use of technology to enable remote planning inquiries and hearings, subject to the necessary considerations in terms of security and public accessibility, would seem to be a sensible step to CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
JUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The Ashfords DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk.PETER BARTON
Peter qualified in 1999. Peter heads the Ashfords’ multi award winning Equity Release department which annually represents over 7,000 borrowers in lifetime mortgages. Peter is a member of Action on Elder Abuse, Solicitors for the Elderly, and the Alzheimers Society. He is one of the co-founders of the Equity Release Solicitors Alliance and aEMMA WHITING
Emma is an Associate (CLC) in the Residential Property Team. Emma has been qualified for 2 years. Emma advises private clients on residential matters these include residential sales and purchases (both freehold and leasehold), re-mortgages, transfer of equity, shared ownership, transfer of part, new build properties and purchasesinvolving help
NATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. PLANNING APPEALS DURING THE COVID-19 PANDEMIC Clearly, given the wide-reaching effects that the COVID-19 pandemic, the development industry are keen to ensure that its impacts can be minimised. The use of technology to enable remote planning inquiries and hearings, subject to the necessary considerations in terms of security and public accessibility, would seem to be a sensible step to CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
JUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The Ashfords DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk.PETER BARTON
Peter qualified in 1999. Peter heads the Ashfords’ multi award winning Equity Release department which annually represents over 7,000 borrowers in lifetime mortgages. Peter is a member of Action on Elder Abuse, Solicitors for the Elderly, and the Alzheimers Society. He is one of the co-founders of the Equity Release Solicitors Alliance and aEMMA WHITING
Emma is an Associate (CLC) in the Residential Property Team. Emma has been qualified for 2 years. Emma advises private clients on residential matters these include residential sales and purchases (both freehold and leasehold), re-mortgages, transfer of equity, shared ownership, transfer of part, new build properties and purchasesinvolving help
DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk. LOLA SKUSE | ASHFORDS SOLICITORS Lola is an Associate in the Real Estate team. Lola advises clients on all aspects of commercial real estate, including residential development, commercial acquisitions and commercial leases. She assists in the negotiation of acquisition documents including conditional contracts, options and promotion agreements. Lola is alsoexperienced in
KATE TOPP | ASHFORDS SOLICITORS Kate is a Partner in the Real Estate Team specialising in Residential Development. Kate acts for residential developers and landowners in relation the purchase and sale of land for residential development. She deals with both short term and strategic acquisitions, advising on the terms of conditional contracts, promotion agreements, optionKERRY EISERBECK
Biography. Kerry is a Chartered Legal Executive (CILEX Level 6) in the Residential Property Team. Kerry has been qualified for 14 years. Kerry specialises in residential sales, purchases, remortgages and equity transfer matters for private clients. She has an established existing client base, and long standing connections with local estate agents and financial advisers. WHEN DOES A VISITOR BECOME A TRESPASSER? When does a visitor become a trespasser? In Slawomir Kolasa v Ealing Hospital NHS Trust (2015) the Court considered the scope of an occupier's duty of care under Section 1 (4) of the Occupier's Liability Act 1984. For public bodies, such as hospitals, who are responsible for community buildings this is a useful case that examines at what pointSUSIE MURRAY
Susie is a Partner and Head of the Residential Property Team specialising in non-contentious agricultural, equestrian and rural matters. Susie advises in complex high value transactions, secured lending, sales, purchases, tenancies, contract farming and share farming agreements, and equestrian contracts. Her work focuses onsupporting clients
KERRY MORGAN-GOULD
Kerry is a Partner and Head of the Trusts & Estates Team. Kerry has been qualified for 12 years. She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to LIMITED LIABILITY PARTNERSHIPS AND DISPUTES WITHIN THEM An LLP is a body corporate which is formed under the Limited Liability Partnerships Act 2000 (LLPA 2000), which came into force on 6 April 2001. In an LLP, you and your business partners are legally referred to as LLP “members” rather than partners. Unlike a general partnership, an LLP has legal personality separate from its members.RORY MAC NEICE
A former professional National Hunt jockey, Rory is a Partner and Head of Commercial Litigation. He specialises in advising on disputes in the Tech and Sports sectors. Within the Sports sector, Rory advises individuals, clubs and team sponsors and right holders on issues arising both on and off the field of play and has appeared as advocate in over 400 cases before Sports Regulatory TribunalNATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk. GUIDE TO UNFAIR PREJUDICE AGAINST SHAREHOLDERS Guide to Unfair Prejudice Against Shareholders. This Guide explains Unfair Prejudice and Shareholder Disputes under English Law in general terms. The intention of the Guide is not, however, to advise you on whether or not to petition for unfair prejudice (which will depend on the facts of your case). The subject of unfair prejudice is a complex CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theJUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The AshfordsJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
KERRY MORGAN-GOULD
Kerry is a Partner and Head of the Trusts & Estates Team. Kerry has been qualified for 12 years. She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to WHEN DOES A VISITOR BECOME A TRESPASSER? When does a visitor become a trespasser? In Slawomir Kolasa v Ealing Hospital NHS Trust (2015) the Court considered the scope of an occupier's duty of care under Section 1 (4) of the Occupier's Liability Act 1984. For public bodies, such as hospitals, who are responsible for community buildings this is a useful case that examines at what point TAX DOCTOR: SELLING A HOME WITH LARGE GROUNDS HAS TAX It has always been the case that if the house you own was worth £3m and has nine acres of land, HMRC may only allow three acres to be sold free from CGT. If the other 6 acres were worth £300,000 of the total price, compared with a value 19 years ago of £100,000, aNATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk. GUIDE TO UNFAIR PREJUDICE AGAINST SHAREHOLDERS Guide to Unfair Prejudice Against Shareholders. This Guide explains Unfair Prejudice and Shareholder Disputes under English Law in general terms. The intention of the Guide is not, however, to advise you on whether or not to petition for unfair prejudice (which will depend on the facts of your case). The subject of unfair prejudice is a complex CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theJUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The AshfordsJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
KERRY MORGAN-GOULD
Kerry is a Partner and Head of the Trusts & Estates Team. Kerry has been qualified for 12 years. She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to WHEN DOES A VISITOR BECOME A TRESPASSER? When does a visitor become a trespasser? In Slawomir Kolasa v Ealing Hospital NHS Trust (2015) the Court considered the scope of an occupier's duty of care under Section 1 (4) of the Occupier's Liability Act 1984. For public bodies, such as hospitals, who are responsible for community buildings this is a useful case that examines at what point TAX DOCTOR: SELLING A HOME WITH LARGE GROUNDS HAS TAX It has always been the case that if the house you own was worth £3m and has nine acres of land, HMRC may only allow three acres to be sold free from CGT. If the other 6 acres were worth £300,000 of the total price, compared with a value 19 years ago of £100,000, a DEEDS AND ELECTRONIC SIGNATURES Deeds and. electronic signatures. It is generally agreed that contracts may be signed electronically, and the use of electronic signature platforms such as DocuSign to execute contracts is commonplace. Electronic signatures are less widely used for deeds, and we have yet to see a case that confirms that a deed may be signedelectronically.
CONTACT US - OFFICE LOCATIONS Ashfords LLP Ashford House Grenadier Road Exeter EX1 3LH Email: website@ashfords.co.uk DX Code: DX 150000 Exeter 24. Equity Release:+44 (0)1392 333631
JUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The AshfordsJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. MISTAKES IN LITIGATION Cross Border Insolvency Update - May 2021. Interim relief is an important tool in the insolvency context to regulate the interests of creditors against those of third parties, both prior to commencing court proceedings or during proceedings pending the outcome of an insolvency process, particularly where there is a risk of dissipation of assets by uncooperative debtors. WHAT IS TESTAMENTARY CAPACITY? Kerry Morgan-Gould considers how this may be tested. Testamentary capacity is the legal term used to describe a person's legal and mental ability to make or alter a valid will. If the person making the will (testator) lacks testamentary capacity at the time that the will is executed, the will is invalid. The test for capacity to execute avalid
KATE TOPP | ASHFORDS SOLICITORS Kate is a Partner in the Real Estate Team specialising in Residential Development. Kate acts for residential developers and landowners in relation the purchase and sale of land for residential development. She deals with both short term and strategic acquisitions, advising on the terms of conditional contracts, promotion agreements, option BREACH OF TRUST AND THE DEFENCES AVAILABLE Breach of Trust and the defences available. Trustees are jointly and severally liable for breach of trust to their beneficiaries where that breach has led to a loss to the trust fund. Common allegations of breach of trust include where a trustee: Distributes trust assets to a beneficiary who is not entitled to them under the terms of the trust LIMITED LIABILITY PARTNERSHIPS AND DISPUTES WITHIN THEM An LLP is a body corporate which is formed under the Limited Liability Partnerships Act 2000 (LLPA 2000), which came into force on 6 April 2001. In an LLP, you and your business partners are legally referred to as LLP “members” rather than partners. Unlike a general partnership, an LLP has legal personality separate from its members.NATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk. GUIDE TO UNFAIR PREJUDICE AGAINST SHAREHOLDERS Guide to Unfair Prejudice Against Shareholders. This Guide explains Unfair Prejudice and Shareholder Disputes under English Law in general terms. The intention of the Guide is not, however, to advise you on whether or not to petition for unfair prejudice (which will depend on the facts of your case). The subject of unfair prejudice is a complex CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theJUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The AshfordsJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
KERRY MORGAN-GOULD
Kerry is a Partner and Head of the Trusts & Estates Team. Kerry has been qualified for 12 years. She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to WHEN DOES A VISITOR BECOME A TRESPASSER? When does a visitor become a trespasser? In Slawomir Kolasa v Ealing Hospital NHS Trust (2015) the Court considered the scope of an occupier's duty of care under Section 1 (4) of the Occupier's Liability Act 1984. For public bodies, such as hospitals, who are responsible for community buildings this is a useful case that examines at what point TAX DOCTOR: SELLING A HOME WITH LARGE GROUNDS HAS TAX It has always been the case that if the house you own was worth £3m and has nine acres of land, HMRC may only allow three acres to be sold free from CGT. If the other 6 acres were worth £300,000 of the total price, compared with a value 19 years ago of £100,000, aNATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk. GUIDE TO UNFAIR PREJUDICE AGAINST SHAREHOLDERS Guide to Unfair Prejudice Against Shareholders. This Guide explains Unfair Prejudice and Shareholder Disputes under English Law in general terms. The intention of the Guide is not, however, to advise you on whether or not to petition for unfair prejudice (which will depend on the facts of your case). The subject of unfair prejudice is a complex CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theJUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The AshfordsJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
KERRY MORGAN-GOULD
Kerry is a Partner and Head of the Trusts & Estates Team. Kerry has been qualified for 12 years. She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to WHEN DOES A VISITOR BECOME A TRESPASSER? When does a visitor become a trespasser? In Slawomir Kolasa v Ealing Hospital NHS Trust (2015) the Court considered the scope of an occupier's duty of care under Section 1 (4) of the Occupier's Liability Act 1984. For public bodies, such as hospitals, who are responsible for community buildings this is a useful case that examines at what point TAX DOCTOR: SELLING A HOME WITH LARGE GROUNDS HAS TAX It has always been the case that if the house you own was worth £3m and has nine acres of land, HMRC may only allow three acres to be sold free from CGT. If the other 6 acres were worth £300,000 of the total price, compared with a value 19 years ago of £100,000, a DEEDS AND ELECTRONIC SIGNATURES Deeds and. electronic signatures. It is generally agreed that contracts may be signed electronically, and the use of electronic signature platforms such as DocuSign to execute contracts is commonplace. Electronic signatures are less widely used for deeds, and we have yet to see a case that confirms that a deed may be signedelectronically.
CONTACT US - OFFICE LOCATIONS Ashfords LLP Ashford House Grenadier Road Exeter EX1 3LH Email: website@ashfords.co.uk DX Code: DX 150000 Exeter 24. Equity Release:+44 (0)1392 333631
JUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The AshfordsJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. MISTAKES IN LITIGATION Cross Border Insolvency Update - May 2021. Interim relief is an important tool in the insolvency context to regulate the interests of creditors against those of third parties, both prior to commencing court proceedings or during proceedings pending the outcome of an insolvency process, particularly where there is a risk of dissipation of assets by uncooperative debtors. WHAT IS TESTAMENTARY CAPACITY? Kerry Morgan-Gould considers how this may be tested. Testamentary capacity is the legal term used to describe a person's legal and mental ability to make or alter a valid will. If the person making the will (testator) lacks testamentary capacity at the time that the will is executed, the will is invalid. The test for capacity to execute avalid
KATE TOPP | ASHFORDS SOLICITORS Kate is a Partner in the Real Estate Team specialising in Residential Development. Kate acts for residential developers and landowners in relation the purchase and sale of land for residential development. She deals with both short term and strategic acquisitions, advising on the terms of conditional contracts, promotion agreements, option BREACH OF TRUST AND THE DEFENCES AVAILABLE Breach of Trust and the defences available. Trustees are jointly and severally liable for breach of trust to their beneficiaries where that breach has led to a loss to the trust fund. Common allegations of breach of trust include where a trustee: Distributes trust assets to a beneficiary who is not entitled to them under the terms of the trust LIMITED LIABILITY PARTNERSHIPS AND DISPUTES WITHIN THEM An LLP is a body corporate which is formed under the Limited Liability Partnerships Act 2000 (LLPA 2000), which came into force on 6 April 2001. In an LLP, you and your business partners are legally referred to as LLP “members” rather than partners. Unlike a general partnership, an LLP has legal personality separate from its members.NATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. PLANNING APPEALS DURING THE COVID-19 PANDEMIC Model Design Code for Model Communities? The Ministry of Housing, Communities & Local Government has recently launched a consultation on its proposed National Model Design Code (alongside various other amendments to the NPPF), which is aimed at embedding principles of "good design and beautiful places" in both strategic plan-making anddecision-making.
DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. CONDITIONAL CONTRACTS V OPTIONS When acquiring land for development, developers are unlikely to want to buy a piece of land straight from the landowner. There's a risk that they won't be able to obtain suitable planning permission or there might be third party occupiers that are difficult to remove. No developer wants to be stuck with an unprofitable site. AGRICULTURAL PROPERTY RELIEF ON LET LAND A previous article that I wrote gave a brief summary of Agricultural Property Relief (APR): Within that article, I made reference to the requirements for APR to apply in situations where the property in question may not actually be farmed or occupied by the owner of the property and there is an agreement or letting in place. I have set out below the most common forms of lettings and how theyPETER BARTON
Peter is a SRA regulated Partner and Head of Equity Release. Peter specialises entirely in advising clients on Equity Release Schemes and has advised on many hundreds ofEMMA WHITING
Biography. Emma is an Associate (CLC) in the Residential Property Team. Emma has been qualified for 2 years. Emma advises private clients on residential matters these include residential sales and purchases (both freehold and leasehold), re-mortgages, transfer of equity, shared ownership, transfer of part, new build properties and purchases involving help to buy schemes and in addition worksJUDITH PARK
Judith is a Partner and SRA Regulated Solicitor in the Residential Property Team. Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualifiedin 1985.
JULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Model Design Code for Model Communities? The Ministry of Housing, Communities & Local Government has recently launched a consultation on its proposed National Model Design Code (alongside various other amendments to the NPPF), which is aimed at embedding principles of "good design and beautiful places" in both strategic plan-making anddecision-making.
NATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. PLANNING APPEALS DURING THE COVID-19 PANDEMIC Model Design Code for Model Communities? The Ministry of Housing, Communities & Local Government has recently launched a consultation on its proposed National Model Design Code (alongside various other amendments to the NPPF), which is aimed at embedding principles of "good design and beautiful places" in both strategic plan-making anddecision-making.
DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. CONDITIONAL CONTRACTS V OPTIONS When acquiring land for development, developers are unlikely to want to buy a piece of land straight from the landowner. There's a risk that they won't be able to obtain suitable planning permission or there might be third party occupiers that are difficult to remove. No developer wants to be stuck with an unprofitable site. AGRICULTURAL PROPERTY RELIEF ON LET LAND A previous article that I wrote gave a brief summary of Agricultural Property Relief (APR): Within that article, I made reference to the requirements for APR to apply in situations where the property in question may not actually be farmed or occupied by the owner of the property and there is an agreement or letting in place. I have set out below the most common forms of lettings and how theyPETER BARTON
Peter is a SRA regulated Partner and Head of Equity Release. Peter specialises entirely in advising clients on Equity Release Schemes and has advised on many hundreds ofEMMA WHITING
Biography. Emma is an Associate (CLC) in the Residential Property Team. Emma has been qualified for 2 years. Emma advises private clients on residential matters these include residential sales and purchases (both freehold and leasehold), re-mortgages, transfer of equity, shared ownership, transfer of part, new build properties and purchases involving help to buy schemes and in addition worksJUDITH PARK
Judith is a Partner and SRA Regulated Solicitor in the Residential Property Team. Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualifiedin 1985.
JULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Model Design Code for Model Communities? The Ministry of Housing, Communities & Local Government has recently launched a consultation on its proposed National Model Design Code (alongside various other amendments to the NPPF), which is aimed at embedding principles of "good design and beautiful places" in both strategic plan-making anddecision-making.
PETER BARTON
Peter is a SRA regulated Partner and Head of Equity Release. Peter specialises entirely in advising clients on Equity Release Schemes and has advised on many hundreds of DAVID WOOD | ASHFORDS SOLICITORS David is a Partner in the Trusts & Estates team. David advises clients in relation to Inheritance Tax with a particular focus on Business and Agricultural Property Reliefs, Capital Gains Tax, including entrepreneurs relief, Wills Trusts and Succession Planning. He advises landed estate owners and their trustees, farmers, business owners and high net worth individuals. THE IMPACT OF COVID-19 ON OFFICES, RETAIL AND WAREHOUSES The COVID-19 pandemic has caused approximately one third of the world’s population to live in some form of quarantine. In the UK, the restrictions imposed to limit the spread of the virus have forced the country to change the way in which it lives, shops and works. KATE TOPP | ASHFORDS SOLICITORS Kate is a Partner in the Real Estate Team specialising in Residential Development. Prior to joining Ashfords, Kate was a Partner at OsborneClarke where she
REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Model Design Code for Model Communities? The Ministry of Housing, Communities & Local Government has recently launched a consultation on its proposed National Model Design Code (alongside various other amendments to the NPPF), which is aimed at embedding principles of "good design and beautiful places" in both strategic plan-making anddecision-making.
SUSIE MURRAY
Biography. Susie is a Partner and Head of the Residential Property Team specialising in non-contentious agricultural, equestrian and rural matters.. Susie advises in complex high value transactions, secured lending, sales, purchases, tenancies, contract farming andRORY MAC NEICE
A former professional National Hunt jockey, Rory is a Partner and Head of Commercial Litigation. He specialises in advising on disputes in the Tech and Sports sectors. Within the Sports sector, Rory advises individuals, clubs and team sponsors and right holders on issues arising both on and off the field of play and has appeared as advocate in over 400 cases before Sports Regulatory Tribunal WHEN DOES A VISITOR BECOME A TRESPASSER? In Slawomir Kolasa v Ealing Hospital NHS Trust (2015) the Court considered the scope of an occupier's duty of care under Section 1(4) of the Occupier's Liability Act 1984. GET THE TIMING RIGHT: WHEN RELYING ON DEMOLITION FOR When proposing to develop a site occupied by a business tenant protected by the Landlord and Tenant Act 1954, (“the Actâ€), it is likely that a landlord will rely on ground (f) of section 30,Part II of the Act.
THE CARE ACT 2014: HOW MUCH RESPONSIBILITY WILL BE PLACED Social housing providers often face difficulties when faced with tenants who need care and support. Landlords have to ensure that tenants are complying with tenancy terms and do need to take appropriate action when faced with tenancy breaches.NATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
JUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The Ashfords REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk.PETER BARTON
Peter qualified in 1999. Peter heads the Ashfords’ multi award winning Equity Release department which annually represents over 7,000 borrowers in lifetime mortgages. Peter is a member of Action on Elder Abuse, Solicitors for the Elderly, and the Alzheimers Society. He is one of the co-founders of the Equity Release Solicitors Alliance and aJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
EMMA WHITING
Emma is an Associate (CLC) in the Residential Property Team. Emma has been qualified for 2 years. Emma advises private clients on residential matters these include residential sales and purchases (both freehold and leasehold), re-mortgages, transfer of equity, shared ownership, transfer of part, new build properties and purchasesinvolving help
KATE TOPP | ASHFORDS SOLICITORS Kate is a Partner in the Real Estate Team specialising in Residential Development. Kate acts for residential developers and landowners in relation the purchase and sale of land for residential development. She deals with both short term and strategic acquisitions, advising on the terms of conditional contracts, promotion agreements, option AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theHANNAH PETTIT
Hannah is a Solicitor in the Commercial Team and Technology Sector. Hannah advises on commercial contracts and data protection matters, with a particular focus on the Technology Sector. Hannah has experience drafting and negotiating a broad range of contracts including supply of goods and services agreements, software licences,consumer facing
NATIONAL LAW FIRM
Ashfords is a law firm offering specialist advice in a real-world context. We combine legal expertise with real world experience to help you in any situation. CONDITIONAL CONTRACTS V OPTIONS Conditional Contract. A conditional contract has to include a specified condition that once met, the developer must complete. This can be for a number of reasons, but most commonly it concerns vacant possession of the site or obtaining a suitable planning permission. The terms of a condition have to be clear and certain, so if this isbased on
JUDITH PARK
Judith specialises in residential property and deals with both private clients and lending Institutions. Judith qualified in 1985. Judith and her team are highly recommended by both clients and peers, and have been named National Conveyancing Firm of the Year by Sunday Times twice, and Best Regional Conveyancing Firm of the Year. The Ashfords REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk.PETER BARTON
Peter qualified in 1999. Peter heads the Ashfords’ multi award winning Equity Release department which annually represents over 7,000 borrowers in lifetime mortgages. Peter is a member of Action on Elder Abuse, Solicitors for the Elderly, and the Alzheimers Society. He is one of the co-founders of the Equity Release Solicitors Alliance and aJULIA SUAREZ
Julia is a Legal Director and SRA Regulated Solicitor in the Residential Property Team. She advises clients on a wide range of property matters. Julia has been qualified for 15 years. Julia acts for clients ranging from first time buyers to property developers and high net worth individuals. She deals with a wide variety of workincluding high
EMMA WHITING
Emma is an Associate (CLC) in the Residential Property Team. Emma has been qualified for 2 years. Emma advises private clients on residential matters these include residential sales and purchases (both freehold and leasehold), re-mortgages, transfer of equity, shared ownership, transfer of part, new build properties and purchasesinvolving help
KATE TOPP | ASHFORDS SOLICITORS Kate is a Partner in the Real Estate Team specialising in Residential Development. Kate acts for residential developers and landowners in relation the purchase and sale of land for residential development. She deals with both short term and strategic acquisitions, advising on the terms of conditional contracts, promotion agreements, option AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theHANNAH PETTIT
Hannah is a Solicitor in the Commercial Team and Technology Sector. Hannah advises on commercial contracts and data protection matters, with a particular focus on the Technology Sector. Hannah has experience drafting and negotiating a broad range of contracts including supply of goods and services agreements, software licences,consumer facing
OUR PEOPLE | ASHFORDS SOLICITORS Search our people. -- Location -- Exeter London Bristol Taunton Plymouth Tiverton. BUSINESS. PERSONAL. ALL. -- Additional filters -- Solutions Sector Service. -- Sectors -- Rural Charities Energy & Waste Food & Drink Homes, Communities & Regeneration International Marine & Transport Public Sector Retail Sport Technology Law Healthcare,Digital
REMOVING AGRICULTURAL OCCUPANCY CONDITIONS Recent decisions clearly point to the fact that if a realistic marketing exercise is established and there are no prospective purchasers, the prospect of removing an agricultural occupancy condition is good. If you have questions or would like any further information, please contact Gareth Pinwell on 01752 526015 or g.pinwell@ashfords.co.uk. WHAT ARE SPORTING RIGHTS? What are Sporting Rights? The short answer is - hunting, shooting and fishing. It may be that you are buying land and have in mind its use for rural pursuits. Alternatively you may wish to ensure that no one else has the right to enter the land for these purposes. Either way it is important to determine the legal position in relation to theSUSIE MURRAY
Susie is a Partner and Head of the Residential Property Team specialising in non-contentious agricultural, equestrian and rural matters. Susie advises in complex high value transactions, secured lending, sales, purchases, tenancies, contract farming and share farming agreements, and equestrian contracts. Her work focuses onsupporting clients
HANNAH PETTIT
Hannah is a Solicitor in the Commercial Team and Technology Sector. Hannah advises on commercial contracts and data protection matters, with a particular focus on the Technology Sector. Hannah has experience drafting and negotiating a broad range of contracts including supply of goods and services agreements, software licences,consumer facing
KERRY EISERBECK
Biography. Kerry is a Chartered Legal Executive (CILEX Level 6) in the Residential Property Team. Kerry has been qualified for 14 years. Kerry specialises in residential sales, purchases, remortgages and equity transfer matters for private clients. She has an established existing client base, and long standing connections with local estate agents and financial advisers. JOHN TOTH | ASHFORDS SOLICITORS John is an SRA Regulated Partner in the Trusts and Estates Team. John has been qualified for 32 years. John is Head of our Charities Group and a member of the Society of Trust and Estate Practitioners and the STEP Charities Special Interest Group. John advises on many aspects of private client work such as the creation of Wills, lifetime tax AGRICULTURAL PROPERTY RELIEF ON LET LAND A Farm Business Tenancy (FBT) is an agricultural tenancy created on or after 1 September 1995 and is governed by the Agricultural Tenancies Act 1995. Land and property let under an FBT will generally benefit from APR at a rate of 100%. However, it should be noted that because the landowner would not be considered as being in occupation of theKERRY MORGAN-GOULD
Kerry is a Partner and Head of the Trusts & Estates Team. Kerry has been qualified for 12 years. She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry also advises clients in relation to WHEN IDLE GOSSIP GOES TOO FAR When idle gossip goes too far. - data breach involving Facebook. Recently there has been yet another data breach involving Facebook. An estimated 50 million user accounts may have been affected by a security breach that could allow the attackers to take over the accounts. The publicity surrounding the introduction of the GDPR meansthat users
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CORONAVIRUS / COVID-19 GUIDING BUSINESSES THROUGH THE NEW COMMERCIALLANDSCAPE
* COVID-19 related legal enquiries * Ashfords in Action SPECIALIST ADVICE IN A REAL-WORLD CONTEXT We work hard to combine our legal expertise, our real world experience and our wider connections to help people achieve their goals. Above all, we aim to make the experience of working with us somethingyou will value.
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HOW WILL THE EU'S PROPOSED AI REGULATION AFFECT UK BUSINESSES? On 21st April 2021 the EU Commission published a proposal for a new AI Regulation which will attempt to guarantee the safety and fundamental rights of individuals and businesses whilst boosting investment and innovation in AI across Europe. * Click to read more FRAUD AWARENESS & DIGITAL SECURITY Online fraud has increased significantly since the Coronavirus took hold. Criminals may pose as someone from Ashfords, or claim allegiance with Ashfords, in order to carry out scams. To protect yourself please check emails match our domain address (name@ashfords.co.uk). Your security is our priority and if you receive an unsolicited or unexpected e-mail or phone calls, please check the authenticity with us through your usual contact or risk&compliance@ashfords.co.uk.* Read more
CORONAVIRUS / COVID-19 GUIDING BUSINESSES THROUGH THE NEW COMMERCIALLANDSCAPE
* COVID-19 related legal enquiries * Ashfords in Action SPECIALIST ADVICE IN A REAL-WORLD CONTEXT We work hard to combine our legal expertise, our real world experience and our wider connections to help people achieve their goals. Above all, we aim to make the experience of working with us somethingyou will value.
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IN THE NEWS
HOW WILL THE EU'S PROPOSED AI REGULATION AFFECT UK BUSINESSES? On 21st April 2021 the EU Commission published a proposal for a new AI Regulation which will attempt to guarantee the safety and fundamental rights of individuals and businesses whilst boosting investment and innovation in AI across Europe. * Click to read more FRAUD AWARENESS & DIGITAL SECURITY Online fraud has increased significantly since the Coronavirus took hold. Criminals may pose as someone from Ashfords, or claim allegiance with Ashfords, in order to carry out scams. To protect yourself please check emails match our domain address (name@ashfords.co.uk). Your security is our priority and if you receive an unsolicited or unexpected e-mail or phone calls, please check the authenticity with us through your usual contact or risk&compliance@ashfords.co.uk.* Read more
CORONAVIRUS / COVID-19 GUIDING BUSINESSES THROUGH THE NEW COMMERCIALLANDSCAPE
* COVID-19 related legal enquiries * Ashfords in ActionNext
LEGAL SERVICES FOR BUSINESS We provide legal advice for businesses of all types and sizes. We view the law as an enabler rather than a barrier and we see our role as helping you achieve your commercial aims. Our lawyers are commercially aware and work closely with you to deliver grounded, pragmatic advice in clear and succinct language. Business News Business Contacts LEGAL SERVICES FOR PERSONAL We provide legal advice for any aspect and stage of your life. Recognising that no two clients’ issues are the same, our lawyers are attuned to understanding your particular challenges and ambitions, and are skilled at delivering specialist advice in clear and simplelanguage.
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