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Written by Veitch Penny
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Monday, 19 July 2010 00:00 |
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 It is with great sadness that Veitch Penny Solicitors record the death on 3rd July 2010 of former Managing Partner, Simon Young.
Simon joined Veitch Penny in 1995 as an articled clerk swiftly progressing into partnership upon qualification. He initially dealt with general private client work but gradually over the years his role within the firm developed into that of the Managing Partner and it was thanks to his foresight that this firm was one of the very first in England to achieve the Lexcel accreditation award.
His Management role within the firm as well as on the practical side, also kindled a more intellectual interest as well, which lead to him pursuing his MBA in Legal Practice Management in Nottingham. He also at that stage started to undertake work in the field of legal publishing and legal consultancy.
Simon’s publications included Tolleys Limited Liability Partnerships handbook, the Partnerships Title of the Encyclopaedia of Forms & Precedents and the Law Society’s New Partners Guide to Management.
He also became very well known as a speaker at seminars and conferences both for national training contractors, but also in house very many national and local firms.
Simon joined the Law Management section in 1999 and became a member of their executive committee and in 2001 was elected to the Council of Law Society to represent that section. He served on the council’s standard board and regulatory affairs board and was chair of its rules and ethics sub committee.
Simon left Veitch Penny in 2002 to pursue his legal management consultancy work and also his writing career which continued to flourish and expand until his sad demise. Simon’s interests were many and notable and extended to both the practical and academic interest in the art of cookery, dining and fine wines, plus a love of cricket.
He will be missed by colleagues, friends and clients for his courtesy, kindness, intelligence and sense of humour. |
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Last Updated on Wednesday, 21 July 2010 13:40 |
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Home Information Packs Abolished! |
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Written by Veitch Penny LLP
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Friday, 28 May 2010 15:23 |
As from yesterday, Thursday 20th May, the new coalition Government have made a statement to say that effective from this date, Home Information Packs (HIPs) will no longer be required, when selling a property.
The legislation which was put in place in 2007 has now been frozen to enable the packs to be suspended, pending primary abolition of the legislation, which has to be dealt with by way of formal process.
The coalition Government has responded very quickly to this topic, in the hope that the demise of HIPs will boost the housing market recovery.
Although HIPs have now been suspended, pending abolition, you are still required to produce an Energy Performance Certificate to your buyer, which was previously part of the pack and declares the energy and environmental efficiency of your property.
One of the main advantages that is felt by both government officials and businesses involved in the property market is that with the HIPs now gone, this will free up the market and encourage home owners to sell their property as there is no longer any hefty costs to pay up front.
With speculation of a rise in Capital Gains Tax on the horizon, the abolition of the HIPs may come as welcoming news for second home owners who are trying to expedite sales on their second properties in order to beat the tax hike.
If you require an Energy Performance Certificate to be carried out on your property, or would like a free no obligation quote for your conveyancing, please do not hesitate to contact us.
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Last Updated on Tuesday, 01 June 2010 11:15 |
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New Planning rules for Houses in Multiple Occupation (HMO) |
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Written by Alastair Dunnett
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Friday, 23 April 2010 15:10 |
If a Landlord lets a property that is classed as a House in Multiple Occupation (HMO) they are required to have a licence. The rules concerning what constitutes a HMO are quite complicated and if you are unsure whether they apply to you we recommend you contact us and check.
By now Landlords will be fairly familiar with the licensing requirements however since 6 April 2010 the Government has now introduced HMO’s into planning law. As a result of the recent change, any Landlord who changes a family home into a HMO will be required to get planning permission.
The Government has been quick to let Landlords know that the new rules will not be applied retrospectively to existing HMO’s so if you have been letting a HMO since before 6 April 2010 you will not be required to apply for planning permission.
However, before Landlords of existing HMO’s think they are off the hook they need consider that, if challenger by a Local Authority, the onus will be on them to prove that their property has been let as a HMO since before April 2010 and if they can’t do so they would need to obtain planning permission. Because of this, we would strongly recommend that Landlords of HMO’s gather together as much evidence as possible (such as Tenancy Agreements and Deposit Protection Service Certificates) to prove that their property has been occupation as a HMO since before April 2010.
If you think that the rules concerning HMO’s may affect you, or if you have any other queries relating to rented property, then contact Veitch Penny LLP on 01392 278381 and we are happy to offer a free half hour consultation.
Please note: This article does not constitute legal or other professional advice and should not be relied on as such. You should take specific advice regarding your circumstances before taking any action based on the information contained within this Update.
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Written by Catherine Rosewell
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Friday, 23 April 2010 15:03 |
On 30th April 2010 a new process will be implemented which will affect anyone making a claim due to a road traffic collision occurring after that date.
The ethos of the regime is to ‘streamline the compensation system for low cost road traffic accident personal injury claims’. This will affect claims between the values of £1,000.00 to £10,000.00. In reality this will affect a large percentage of claims. Immediately after an incident it is always difficult to advise the client as to the value of their claim therefore the process will apply to the majority unless it is clear from the outset that the claim will be over £10,000.00. The claim will be allowed to exit the new process if it becomes apparent at a later stage that the claim is of a higher value.
Technology is as ever, playing a major part in this process. A new electronic portal is being developed so that Solicitors and Insurers can communicate; enabling a “faster” agreement and providing a swift, electronic exchange of relevant information and documentation.
Veitch Penny LLP has already signed up to the new portal and will be ready to process claims under the regime immediately.
One advantage of the new regime is that Insurers will only have 15 business days to respond on the issue of blame once they have received the electronic claim form. This is a significant advantage as the present regime means Insurers are entitled to a 3 months! If the Insurer does not comply the claim falls back to the current process.
Should blame be admitted within the 15 business day period then medical evidence, supporting documentation regarding financial losses and expenses in electronic form will again be sent to the Insurers. A negotiation period of 35 days will then commence where the Insurer must accept or return with an offer to the injured person again within a 15 business day period. If they fail to do so Court Proceedings may be issued.
Should Insurers respond an amicable settlement may be achieved. If not Court Proceedings can be commenced and a Judge can decide the value of the case based on the evidence before them. This can either be without or with the injured party giving evidence. Although many injured parties are concerned regarding giving evidence to Court obviously this may be still advantageous for a Judge to consider their claim fully.
The new process allows injured parties to take a more pro-active approach in the handling of their claim. Veitch Penny LLP continues to work alongside their clients ensuring that they receive the compensation they deserve and that claims proceed as swiftly as possible.
Many Solicitors may decline acting for injured parties under this new regime. This is due to the fact that Solicitors costs are limited under this regime. Veitch Penny LLP, having always represented victims involved in road traffic collisions will continue to do so, continuing to be leaders within their field.
Should you require any further information then please contact Catherine Rosewell on 01392 288354.
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Written by Alastair Dunnett
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Friday, 23 April 2010 14:44 |
The disruption that has been caused to so many by the recent volcano in Iceland has reminded people of the importance of contractual clauses that deal with what are known as “Acts of God”.
Many of those stranded abroad are happily enjoyed an extended holiday, however for some who are unable to get back to the UK there is a worry that they are not able to comply with various contractual obligations they have. In the last few days I have heard of one family who are unable to complete the purchase of a house as they are stuck in America and another family who are concerned their employers will sack them for missing work as they are stuck in Italy!
In many contracts you sign you may find somewhere amongst the small print that there is a clause saying that performance of the contract is excused if it is not possible as a result of an Act of God. No doubt some travel insurers will be pointing to the volcano as an Act of God when refusing to pay for cancelled holidays.
Legally, an Act of God is defined as an extraordinary event or occurrence which could not have been foreseen or guarded against. When explaining this, lawyers tend to use the example of a volcano or an earthquake however even extraordinarily high tides have been found to be Acts of God by the Courts!
The volcano has certainly reminded people that the clauses lawyers insist on putting at the bottom of contracts do have some purpose. If you have any contractual queries, or if there are any other matters we can be of assistance with, then do feel free to call Veitch Penny Solicitors on 01292 278381 and we are happy to offer you a free half hour consultation.
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and are bound by their code of conduct