Food for Thought

For our first contribution to this magazine, we thought it might be useful to highlight a few recent legal cases and some legislation that may be of interest to Chainmail’s readership.

Personal Injury The historic position in measuring fault, where a pedestrian crossing the road is struck by a vehicle, imposes a high burden on car drivers as a vehicle is considered a “potentially dangerous weapon”. A recent decision by the Courts hints at a less sympathetic approach - a pedestrian who was drunk was held two-thirds to blame for the accident and injuries he received in crossing the road.
Our advice: Beware too much Christmas cheer!

Property and Wills If you own a property with another person under a Trust and the Trust Deed states that on death the property passes to the survivor of you both, but a different person is named as beneficiary of your assets in your Will, the terms of the Trust Deed will override the provisions of the Will.
Our advice: Where there’s a Will there’s not always a way!

Business Rates As from 1 April 2011 the rateable value threshold at which empty property became liable for business rates crashed from £18,000 to £2,600! If that wasn’t bad enough, empty commercial properties now only receive 100% relief for the first 3 months with full rates payable thereafter. (6 months for industrial or warehouse premises).If the arrangement is genuine, temporary occupation for six weeks or more will trigger a fresh three month (or six months) rate-free period.
Our advice: If a bearded man dressed in a red suit asks to rent your property on a short term licence – don’t look a gift reindeer in the mouth!

Landlord and Tenant – Commercial If a corporate Tenant goes into Compulsory liquidation or Administration, it is now clear that the Landlord cannot automatically forfeit the lease or sue for arrears or rent, despite the apparently clear terms of his Lease that say he can. He will have to obtain the permission of the court before embarking on either of those courses of action.
Our advice: Call us for help, rather than mull (wine anyone?) over the rules of Court yourself.

Please feel free to contact either Glenn Evans or Julie Lloyd on these or any other matters
Lloyd Evans LLP Solicitors Oak Suite, 10 High Street, Hungerford, Berkshire RG17 0DN
Tel: 01488 468100 Email: info

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