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From the Desk of a Conveyancer: When Property Ownership Isn’t as Simple as It Looks
A recent story making headlines has sparked important conversations across the property industry. With implications for both professionals and homeowners, this case highlights key issues in the conveyancing process that deserve close attention.
What Actually Happened
Angela Rayner, the Deputy Prime Minister, admitted today that she underpaid stamp duty on her £800,000 Hove flat. She thought she was compliant based on earlier legal advice. However, subsequent guidance revealed that deeming provisions linked to a trust for her disabled son meant she owed more than she’d paid. She has now referred herself to the independent adviser on ministerial standards and is working with HMRC to settle the difference.
Why It Matters to Conveyancers—and Anyone with Complex Ownership
One of the most eye-opening lessons here is that tax liability isn’t always obvious, especially when property ownership isn’t one-size-fits-all. As conveyancers, we routinely see how subtleties in ownership structures—like shared ownership, trusts, divorce settlements, or subsidiary interests—can spark unexpected tax implications.
Common Pitfalls in Complex Ownership:
- Trusts: An interest in a property via a trust can trigger stamp duty surcharges or special rules—even if the individual doesn’t legally “own” another home outright.
- Timing of Title Changes: Transferring—or even removing—your name from a title shortly before a purchase can trigger anti-avoidance rules or scrutiny, especially if seen as a tactic to save tax.
- Multiple Properties = Multiple Tax Rules: Each property (residential, holiday home, family home, etc.) may be taxed differently. The main home gets reliefs; additional properties attract surcharges.
- Electoral or Council Tax Declarations: Declaring different properties as primary or secondary for council tax vs. HMRC vs. electoral purposes can raise red flags—sometimes, as it has for the Deputy PM, leading to accusations of “loophole shopping.”
A Conveyancer’s Perspective: Professional Obligations & Red Flags
- Always Check Underlying Interests — We must ask: Who really benefits from the property? Interests held under trusts or via ex-partnerships should trigger a deeper inquiry.
- Double-Check Advice on Residencies — Tax specialists may give advice based broadly on facts presented, but nuanced provisions—like those tied to a trust—can only be spotted with a forensic review.
- Document Everything Rigorously — Any changes in deeds, declarations, or use of a property should be well-recorded, with timelines clearly set out and tax consequences assessed.
- Be Transparent with Clients — Conveyancers should explain that even if something seems technically legal, it might later be challenged—with reputational or financial repercussions.
- Update Your Own Knowledge — Stamp Duty Land Tax (SDLT) rules evolve—especially around second homes and trust interests. Ensure you’re up to date with the latest HMRC guidance and case law.
Final Thoughts
This situation is a potent reminder: property law isn’t just about who owns what—it overlaps tightly with tax law and sometimes ethics or optics.
Warren Kaye, Solicitor & Head of Residential Property, comments, “As a conveyancer, I see how easy it is for even well-meaning clients to fall into costly misunderstandings. The best safeguard? Due diligence, transparency, and expert collaboration.
If you’re navigating a property purchase that involves trusts, multiple residences, or unusual ownership structures—please reach out. It’s always better to ask the questions before the ink is dry. Whilst we aren’t tax advisers, and Stamp Duty Land Tax is an inordinately complex set of rules (as most tax legislation is), we can certainly advise you on the potential liabilities associated with your particular purchase transaction or refer you to a specialist adviser if we can’t”.
To discuss representation for an upcoming property transaction, get in touch at warren@prosperitylaw.com.
Standish – The Supreme Court to consider how pre-marital wealth treated
Family lawyers will look on with heightened interest as the Supreme Court hears the case Standish vs. Standish. The Supreme Court will confirm how pre-marital wealth and transfers between spouses are to be treated on divorce.
The court will consider whether a £77m transfer between spouses during the marriage should be treated as a matrimonial asset or ringfenced as part of long-term estate planning.
In this case, Clive Standish, a retired UBS banker, and his former wife, Anna Standish, were married in 2005 before divorce proceedings were issued in 2020. During lengthy proceedings before the Family Division of the High Court and the Court of Appeal, the parties have argued as to how the transfer of £77m Mr Standish made to Mrs Standish should be treated. On the facts of this case, it seems that the transfer took place as part of estate planning, but the estate planning work was not completed.
In May 2022, Mr Justice Moor, sitting in the Family Division of the High Court, classified the transferred assets as ‘matrimonial property’ and awarded Mrs Standish £45m.
Mr Standish appealed the decision, and in May 2024, the Court of Appeal reduced this sum to £25m in May 2024 emphasising the importance of the source of wealth, in this case referencing that the majority of Mr Standish’s assets were in existence before his marriage to Mrs Standish.
Mrs Standish has now appealed the Court of Appeal’s decision, and the Supreme Court will now consider her appeal.
“Many cases involve disputes as to how pre-martial wealth and subsequent transfers between spouses is to be dealt with on divorce. It had been thought that the legal position had been clarified by the Court of Appeal in the case of Standish. The Court of Appeal clarified that that inter-marital transfers does not necessarily make them matrimonial or joint property available for sharing on divorce.
If the Supreme Court agrees with the lower court, it will provide additional protection to the wealthier party.
The Court of Appeal was very much a departure from the established status quo and created a new set of legal principles. It remains to be seen what view the Supreme Court will come to but its landmark decision will provide much needed clarity.”
– Daniel Jones, Family Law Partner
Contact us for assistance
Need Expert Family Law Advice?
For all Family Law-related queries, contact our dedicated Family Law team. We provide expert guidance on complex matters, including divorce, asset division, and wealth protection, across our offices in Liverpool, Manchester, and Leeds.
Our experienced Family Law Partners, Daniel Jones and Judith O’Brien, are here to help. Please do not hesitate to reach out for support and trusted legal advice.
You can call us on 0151 958 0057 or email us at enquiries@prosperitylaw.com to speak with a member of our team.
Let us help you move forward with clarity and confidence.
The impact of a divorce on the farm
Farming divorces are often complex and laden with dynastic history and emotion. In non-farming cases, it is usually fairly straightforward to establish which spouse owns what.
Conversely, the first challenge for the farming divorce lawyer is to establish who owns the assets and resources previously available to the family may not be owned personally by the couple. A farm may have been held for generations and in diverse forms of ownership. For example, the assets and business may be held through a limited company with numerous shareholders (often other family members), or through a will trust or family partnership.
Maintaining a farm business in these challenging times is already difficult. The stress and emotional pressure of a separation are often an unwelcome addition to the challenge faced by farmers.
The unique challenges of farming divorces include dividing up assets such as land and livestock that carry both financial and emotional value. It is crucial to seek the advice of a solicitor experienced in farming divorce cases to navigate these challenges.
Here are our top tips for those in the farming community considering a divorce:
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Consider all of the options
The court is not the only option and should not be the starting point. Parties should consider non-court dispute resolution (NCDR), such as mediation, collaboration, private Financial Dispute Resolution hearing heard by a private Judge or arbitration, and a determination to keep things amicable will assist in achieving agreement speedily and economically.
Whilst the court process tends to take longer, cost more and be more public, it is sometimes unavoidable.
While there is no “typical” farming divorce, most settle within a year. An uncontested divorce can be settled in six months. while a complex, contested divorce can easily take 18 months to two years.
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Understand the range of outcomes at the outset
The starting point for the division of assets on divorce is always an equal division. However, equal division is not always considered to be ‘fair’, and an equal division may not be a realistic outcome for farmers. This may be because of a need to preserve assets that were owned before the marriage, but fairness still requires financial needs to be met.
The Family Court will endeavour to avoid the forced sale of assets, which might in turn threaten the viability of a farming business. For example, a judge may make an order that a spouse be paid out over a number of years to keep the farm alive.
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Ensure you have the complete picture
It is imperative that there is full and frank financial disclosure of the financial circumstances. Full financial disclosure should be obtained in every divorce case. A farming case is no different. However, the extent of the financial documents needed to complete disclosure is often more substantial, ranging from information as to how assets are held, to disclosure of the latest farming management accounts, a review of income generation and spending.
Parties can avoid costly, protracted arguments and the creation of mistrust if there is transparency from the outset.
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Protect the asset base
If there is a suspicion that divorce proceedings may be imminent, it may be sensible to limit overdraft facilities and put in spending limits on bank accounts and credit cards. Unilateral action, however, should be a last resort because a bank may seek to freeze a joint account if it gets wind of a divorce.
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Being tech-savvy
It is unlawful to view and take another person’s private documents and information by accessing their computer (which includes tablets, iPads, phones and so on). Where use has previously been joint and unlimited, think about limiting or preventing access to computers, laptops, phones, etc. Consider applying new passwords to email accounts. Also, avoid the temptation to vent emotions via social media – better still, take down all social media accounts.
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Find your team
Given the complexities that arise from a farming divorce, having proper advice from professionals at an early stage is imperative. Typically, advice will be needed from accountants, land valuers and agricultural advisers. Making an error could have significant tax ramifications arising from the division/selling of assets.
It is necessary for your team to be fully independent and have your best interests at heart.
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Update your will
In light of your separation, your intentions as to how your share of the asset pool may change – you may not wish for your estranged spouse to inherit on your death.
Consider making a holding will during divorce proceedings, especially if third parties are involved and assets are held as “joint tenants”, where the interest of one party passes to the other automatically on death. Again, consider the tax planning aspects. If you have named your spouse as a beneficiary or executor in your will, these provisions will cease to have effect on divorce.
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Ensure that the legal costs are proportionate
Farming divorces can be expensive, and the legal work undertaken should be necessary to progress the case.
Ensure that your solicitor provides you with estimates of legal fees from the outset and keeps you fully updated. Also, ask for a monthly breakdown of costs to ensure that costs are being managed properly and proportionately.
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Future-proofing the assets
If you are considering marrying again, you should take advice from a solicitor as to having a prenuptial or postnuptial agreement. Such nuptial agreements are increasingly popular nowadays and can protect assets and minimise legal costs in the event of the breakdown of a marriage.
Daniel Jones, Family Law Partner here at Prosperity Law is an experienced financial remedy solicitor who has dealt with numerous farming divorce cases. Daniel is himself also from a farming background and is therefore fully alive to the challenges that face farmers.
It is essential that the correct strategy is adopted from the outset, and that is what Daniel prides himself on getting absolutely right.
Daniel can be contacted by phone 0151 958 0057 / 07354421171 or by email Daniel.Jones@prosperitylaw.com
Glossary of Terms
Farming Divorce
A divorce involving individuals who own or operate a farm. These cases are often more complex due to the nature of farming assets, intergenerational ownership, and emotional ties to land and business.
Dynastic Ownership
Ownership passed down through generations within a family. In farming divorces, this can complicate identifying who truly owns what.
Limited Company / Family Partnership / Will Trust
Different legal structures are often used to hold farming assets. These can obscure individual ownership and require careful legal analysis during divorce.
Non-Court Dispute Resolution (NCDR)
Alternative ways to resolve divorce issues outside of court, such as:
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Mediation: A Neutral third party helps both spouses reach an agreement.
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Collaborative Law: Each party has their own solicitor, but all commit to resolving matters amicably.
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Private Financial Dispute Resolution (FDR): A private hearing with a judge-like figure.
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Arbitration: A Binding decision by an agreed-upon arbitrator.
Financial Disclosure
The legal requirement is for both spouses to fully disclose their financial situation. In farming cases, this may include management accounts, valuations, income, and asset ownership details.
Fairness Principle
The court aims for a fair outcome, not necessarily a 50/50 split. For farmers, preserving the business and land can be prioritised if needs are met.
Deferred Lump Sum
A financial settlement paid over time to avoid forcing the sale of critical farm assets.
Transparency
Key to maintaining trust and avoiding expensive disputes in divorce. Both sides must be open about finances and intentions.
Asset Protection
Steps taken to protect shared finances and property when divorce seems likely, such as adjusting spending or securing accounts, are done cautiously to avoid adverse consequences.
Tech and Privacy in Divorce
It is illegal to access your spouse’s private digital information. Change passwords on shared devices and be cautious with online communications.
Professional Team
A network of professionals, like solicitors, accountants, agricultural valuers, and tax advisers brought in to handle complex farming divorces properly.
Holding Will
A temporary will made during divorce proceedings to reflect new intentions around inheritance, particularly relevant in farming cases where joint asset ownership is common.
Proportional Legal Costs
Legal expenses in a farming divorce should be managed carefully. Solicitors should provide cost estimates and updates regularly.
Nuptial Agreement
A prenup or postnup agreement setting out how assets will be divided in the event of divorce. Particularly important in farming families to protect inherited land and businesses.
The Importance of due diligence and obtaining Property Searches Before Buying a commercial property at Auction
Buying a property, whether for personal use, investment or development, is a significant financial decision.
Buying a commercial property at auction can be a great opportunity, but it comes with risks. Unlike traditional purchases, auctions move quickly, leaving little time for due diligence after bidding. Conducting property searches in advance helps uncover legal, financial, and environmental issues that could affect your investment. Without them, you risk costly surprises like outstanding debts or planning restrictions. This article highlights why due diligence is essential before bidding, ensuring a secure and informed purchase.
What Are Property Searches?
Property searches are checks which are carried out to uncover any potential issues affecting a property before you commit to buying it. These searches provide critical information about legal ownership, planning permissions, environmental risks, and financial liabilities, to name a few. They help you understand what you’re buying and ensure there are no hidden surprises.
Why Property Searches Are Crucial – Especially at Auction
When purchasing a property through traditional means, buyers often have more time to conduct due diligence before making an offer. However, at auction, things move much faster. Once the hammer falls, the winning bidder is legally bound to complete the purchase, typically within 28 days. This means that you must conduct all necessary searches before bidding to avoid costly mistakes. Auction properties will often release some information by way of an auction pack. These packs can vary and sometimes only have very limited information.
Here’s why property searches and due diligence are particularly important when buying at auction:
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Uncovering Legal Issues
One of the biggest risks of buying at auction is that properties may come with legal complications. For example:
- Title defects – There may be issues with ownership, such as missing deeds or disputed boundaries. Not only does this cause issues during the transaction, but it also poses a huge risk post-completion, as you never know who may come along in the future and claim that you are infringing on their boundaries or that you do not have the right to use the property in the way that you intend to.
- Restrictive covenants – These are legal conditions that limit what you can and can’t do with the property, such as restrictions on extensions or business use. Again, it is extremely important that this is resolved prior to the exchange of contracts, otherwise, you may find that you are unable to make changes to the property or use it for a specific purpose, despite owning it. If these restrictions are ignored, you are exposing yourself to potential fines and enforcement action, which will set you back significantly.
- Easements and rights of way – Another party may have legal rights over the property, such as access through your land. This could become very frustrating, as ideally, you would want the property to have an element of privacy or have plans for development, but this might not be possible if someone else has a legal right to access your land.
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Checking for Outstanding Debts and Charges
Some properties sold at auction come with financial liabilities attached, such as:
- Outstanding mortgages or secured loans
- Service charges and ground rent (for leasehold properties)
In some cases, these debts may become the responsibility of the new owner. A local authority search and bankruptcy check can reveal these potential liabilities, and your solicitor will flag these to you prior to the exchange of contracts so that you are not unknowingly taking on this responsibility.
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Identifying Planning and Building Regulation Issues
If previous owners have made alterations or extensions to the property without proper planning permission or building regulation approval, you could face problems in the future.
- Illegal extensions or conversions could result in enforcement action from the local council.
- Conservation area restrictions may prevent future changes to the property.
- Listed building status can impose strict rules on renovations.
Carrying out a planning search ensures you know exactly what you can and cannot do with the property. This is particularly important if you are purchasing a commercial investment property from which you will be carrying out business, as you will be confined to carrying out a specific type of business depending on the ‘use class’ that the property has been assigned. i.e. office spaces, retail units, etc.
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Environmental and Flood Risks
Environmental searches can reveal risks such as:
- Flooding – Some properties are in high-risk flood zones, which could make insurance expensive or difficult to obtain.
- Contaminated land – If the land was previously used for industrial purposes, there may be contamination issues that require costly remediation.
- Subsidence – Some areas have a history of ground movement, which could lead to structural problems.
Without these searches, you could buy a property that is difficult to insure, costly to maintain, or even unsafe to live in.
How to Carry Out Property Searches Before an Auction
Before bidding on an auction property, take these steps to ensure you have the right information:
- Obtain the auction legal pack – This is provided by the seller and should include essential documents like the title deeds and documents, lease information (if applicable), any special conditions, replies to standard enquiries and possibly some searches.
- Hire a solicitor– A qualified professional can carry out legal checks and searches on your behalf, and they will advise you on which searches to undertake and report to you on these.
- Inspect the property – If possible, visit the property to check its condition and identify any potential issues and instruct a survey.
Final Thoughts
Buying a property at auction can be a great way to secure a good deal, but it also comes with risks. Without thorough property searches, you could end up with legal complications, hidden debts, or structural problems that turn your bargain purchase into a financial liability. This could also adversely affect the future mortgageability or saleability of the property.
By doing your due diligence before bidding, you can confidently invest in auction properties, knowing that you have the full picture and aren’t walking into an expensive mistake.
Need Legal Guidance?
Whether you’re looking to buy or sell a commercial property, understanding your legal obligations is essential.
📞 Call us at 0161 667 3686, visit www.prosperitylaw.com to book a consultation with our expert legal team or email enquiries@prosperitylaw.com.
The Real Estate team at Prosperity Law are specialists in this area and are here to help you navigate your next commercial property purchase.
Son wins £700k will dispute after video shows sister forcing dying mother’s hand
The importance of a properly executed Will cannot be overstated. A recent case has highlighted the risks vulnerable individuals face when making a Will and the crucial role witnesses play in safeguarding the testator’s true intentions.
This case involved a son who successfully challenged his mother’s Will after video evidence showed his sister forcing their dying mother’s hand during the signing process. The court ruled in his favour, reinforcing the need for stringent safeguards when drafting and executing Wills.
Testamentary Capacity
For a Will to be valid, the testator must have testamentary capacity. This means they must:
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Understand the nature and effect of making a Will.
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Be aware of the extent of their personal estate.
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Appreciate any claims to which they ought to give effect.
In this case, Judge Jane Evans-Gordon ruled that the testator lacked testamentary capacity, stating that she “had no idea what was going on.” The video evidence showed the testator responding only with grunts and minimal verbal acknowledgement, leading the court to conclude that she did not meet the necessary threshold for testamentary capacity.
Testamentary capacity and the signing process work hand in hand. The presence of the witnesses are essential to ensure that the process is fair and reflective of the testator’s wishes.
The Importance of a Thorough Will-Signing Process
The witnessing of a Will is a crucial safeguard to ensure its validity and to protect against undue influence. Witnesses should take an active role in the process, ensuring that the testator fully understands the document and its implications.
To help verify testamentary capacity, witnesses should ask the testator questions, such as:
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Do you understand what this Will does?
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Can you explain its effect in your own words?
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Are you aware of the extent of your personal estate?
If there are concerns regarding the testator’s capacity, a medical professional should be consulted for a formal capacity assessment.
Additionally, best practice dictates that beneficiaries should not be present during the signing process. In this case, the daughter, a direct beneficiary, was present, further raising concerns about coercion. Independent witnesses and the removal of beneficiaries from the room can help ensure that the testator is signing of their own free will.
Protecting the Vulnerable
This case underscores the necessity of ensuring Wills are executed correctly and without undue influence. By taking a proactive approach to verifying testamentary capacity and providing an independent and thorough signing process, we can help protect vulnerable individuals and uphold the integrity of their final wishes.
If you have concerns about the validity of a Will or need advice on estate planning, speak to our expert private client team to ensure your final wishes are legally protected.
Reference: www.telegraph.co.uk/news/2025/03/05/daughter-moved-pen-in-dying-mothers-hand-to-sign-700k-will/
What the UK’s Move to Scrap Leasehold Means for Homebuyers and Investors
The UK government has dropped a big announcement that could shake up the housing market—proposing to scrap leasehold for new residential buildings.
If you’ve ever dealt with leasehold, you probably know the headaches: paying ground rent, dealing with rising service charges, and the hassle of extending your lease. This move is meant to put an end to all that, making homeownership fairer and more transparent.
What’s Changing?
Right now, if you buy a leasehold property, you own the home but not the land it sits on. Instead, you have a lease that lasts a set number of years—sometimes decades, sometimes centuries. But here’s the catch: as that lease runs down, your property can lose value, and extending it costs a fortune. Plus, many leaseholders are stuck paying random fees and dealing with freeholders who call the shots.
The government’s solution? Commonhold. Instead of leasehold, all new flats will be sold under this system, which means homeowners own their properties outright and have shared ownership of common areas—like stairwells, gardens, and lifts—without a landlord getting involved. It’s a model that works well in other countries, so why not here?
What This Means for Homebuyers
If this plan goes ahead, buying a flat will become a lot more straightforward. No more ground rent, no more leases running down, and no more surprise fees dictated by a freeholder. Instead, flat owners will collectively manage their building, much like the way residents of a shared house split bills and responsibilities.
For existing leaseholders, things might take a little longer to change. The government says it’ll make it easier to convert leasehold properties to commonhold, but exactly how that’ll work is still up in the air.
What This Means For The Commercial Real Estate Market
This proposal is set to have significant implications for the commercial real estate market. As homeowners gain outright ownership of their properties, it could shift demand toward more flexible and straightforward property models, potentially reducing the appeal of traditional leasehold arrangements that often tied owners to landlords with complicated terms.
This could ripple through the market, with developers and investors rethinking how they structure residential and mixed-use developments. The change may also create new opportunities for commercial real estate, as the demand for shared spaces and communal areas increases, especially in mixed-use developments that blend residential, retail, and office spaces. Ultimately, if Commonhold becomes the norm, it could push for a revaluation of property ownership models, affecting everything from property values to the long-term investment strategies in the commercial real estate sector.
Challenges Ahead
Of course, no big reform comes without its challenges. Developers, lenders, and legal professionals will need to adapt to this new system, which hasn’t been widely used in the UK before. Plus, current leaseholders hoping to switch to commonhold might face legal and logistical hurdles.
But overall, this proposal is a step in the right direction. For too long, leasehold has felt like a raw deal for homeowners, and this move could finally put an end to an outdated system that benefits freeholders at the expense of buyers.
The Bottom Line
If you’re planning to buy a flat in the future, this is great news. It could mean owning your home in a much clearer, fairer way without the hidden costs and restrictions of leasehold. There’s still a lot to iron out, but if the government follows through, this could be one of the biggest property shake-ups in a generation.
Need Legal Guidance?
Whether you’re buying or selling residential or commercial property, understanding your legal obligations is essential.
📞 Call us at 0161 667 3686, visit www.prosperitylaw.com to book a consultation with our expert legal team or email enquiries@prosperitylaw.com.
Understanding Strokes and Medical Negligence: How We Can Help You
Strokes are the leading cause of death and disability in the United Kingdom. According to the Stroke Foundation around 85% of strokes in the UK are ischaemic strokes. The remaining 15% of strokes are due to hemorrhagic strokes.
Recognising the early signs of strokes and receiving immediate treatment is critical to reducing the long-term effects of a stroke. In cases of medical negligence, when medical professionals fail to provide appropriate care, misdiagnose or provide inadequate medical care during a stroke you may be entitled to compensation for the harm caused.
What is a stroke
Strokes occur when the blood supply to part of the brain is interrupted, leading to brain cell death.
Risk Factors
The main risk factors for stroke occurrence are high blood pressure, diabetes, atrial fibrillation, high cholesterol, age, lifestyle factors, family history, ethnicity and sickle cell disease.
What are the different types of stroke
There are two types of strokes:
- Ischaemic stroke is caused by a blockage in a blood vessel supplying blood to the brain and is commonly caused by:
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- Thrombotic strokes: These happen when a clot forms in a blood vessel of the brain or neck.
- Embolic strokes: This is when an embolic clot occurs when a blood clot forms from another part of the body and travels to the brain.
- Haemorrhagic stroke results from a burst blood vessel causing bleeding into the surrounding brain. There are two main types of hemorrhagic stroke:
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- Intracerebral haemorrhage (ICH) is where blood leaks out of a blood vessel into the brain tissue, sometimes deep inside the brain.
- Subarachnoid haemorrhage (SAH) is where blood leaks out of a blood vessel on the surface of the brain and gets into the protective layer of fluid surrounding the brain.
Prevention and Awareness
Early recognition of stroke symptoms is crucial. The FAST acronym assists in identifying the signs.
It is important to act FAST!
- Face weakness: Can the person smile? Has their mouth or eye drooped?
- Arm weakness: Can the person raise both arms fully and keep them there?
- Speech problems: Can the person speak clearly and understand what you say?
- Time to call 999: if you see any one of these signs.
Sometimes the symptoms of a stroke last for a short period and then go away. This is called a transient ischemic attack (TIA), a mini-stroke, or a warning stroke. If a TIA is not treated urgently, a major stroke could follow within hours or days.
Treatments available
A brain scan could be undertaken to establish whether the stroke is due to a clot, or a bleed as appropriate post-management treatment is crucial. There are two main types of imaging which can be used:
- A computed tomography or CT scan
- A magnetic resonance imaging or MRI scan.
The results of the brain scan will help doctors to identify what may have caused the stroke and ensure the patient gets the correct necessary emergency treatment.
It is important to distinguish between the two different types of strokes to determine the medication required.
- Ischaemic stroke
Some people who have suffered an ischaemic stroke are given a clot-busting drug. The main aim of the clot-busting drug is to disperse the clot and return the blood supply to the brain.
- Haemorrhagic stroke
If a person has suffered a haemorrhagic stroke, clot-busting drugs are not an effective form of treatment. It is necessary for a patient to have a brain scan and undergo emergency treatment. Afterwards, support will be required for recovery, including medical prevention treatment and rehabilitation.
Case study
In August 2024, 77-year-old Sir Brian May had a minor stroke which left him unable to use his left arm.
The Queen guitarist explained that “All of a sudden – out of the blue – he did not have any control over this arm.” He explained how it was scary, and he had no idea what was going on. He phoned his doctor who said he thought he was having a minor stroke and to Dial 999 where he was rushed to Frimley Hospital by ambulance and was diagnosed with having had a stroke.
The rock legend gradually regained his strength by allowing himself some recovery time and slowly picking up an acoustic guitar and exercising the muscles. Brian’s wife Anita Dobson explained how it was a case of “retraining the messages from the brain to the arm, that it’s actually okay to do what it used to do”.
Brian has thankfully seen a significant improvement following the stroke.
Early intervention and rapid action were crucial for Brian’s recovery as had he not acted FAST then this may have been a different outcome.
Rehabilitation and Recovery After a Stroke
Recovery following a stroke is often a long and challenging process for patients. Depending on the severity, patients may need physical therapy, occupational therapy, speech therapy, and psychological support to regain lost functions. This can be both physically and financially draining.
At Prosperity Law, we understand how debilitating a stroke can be, not just physically, but emotionally and financially. Our Medical Negligence team are dedicated to providing support throughout the claim process, ensuring that you receive the compensation needed to cover medical expenses, rehabilitation, and loss of income.
Medical Negligence and Strokes: When Things Go Wrong
Whilst early recognition and treatment of a stroke can significantly improve recovery outcomes, there are occasions where medical negligence may occur. Common examples of medical negligence related to strokes include:
- Delay in diagnosis: If a stroke is misdiagnosed or not recognised promptly, it can lead to neurological damage.
- Failure to Administer Proper Treatment: If clot-busting drugs (for ischaemic strokes) or emergency interventions (for haemorrhagic strokes) are not administered within the critical window, patients may suffer long-term or permanent disability.
- Inadequate Monitoring and post management care: Following a stroke, if medical professionals fail to properly monitor a patient’s recovery or provide the necessary rehabilitation, this can result in worsened outcomes.
Proving Medical Negligence – Breach of Duty and Causation
In order for a claim for medical negligence to succeed it has to be established that the treatment received was negligent and that the negligence caused or contributed to the injury. Breach of duty of care and causation both have to be proven on the balance of probabilities.
In a medical negligence claim it is necessary to establish that there has been a breach of duty of care which is set down by the ‘Bolam’ principle – ‘No reasonably competent medical practitioner would have acted in the same way as the Defendant at the time the events in question took place. It is necessary to establish that the treatment fell below a reasonable standard to be expected of a reasonably competent practitioner in the relevant field at that time.’
In medical negligence claims you then have to prove causation. It is necessary to establish that the identified breach of duty of care has directly caused or contributed to the injury or damage you suffered; this is referred to as ‘causation’.
In cases of medical negligence, the injured party may be entitled to compensation for the pain, suffering, and financial burdens caused by the stroke.
How Prosperity Law Can Help You
If you think that you or a loved one has been injured as a result of medical negligence associated with a stroke, then you may be able to make a claim.
We hold Medical Negligence Accreditation from the law society ensuring your case is being dealt with by a specialist team.
If you would like to know more about how Prosperity Law can help you with your medical negligence claim or our many other services, then please contact us today for a confidential consultation with a qualified solicitor.
Call us on 0151 909 1848 or Email: enquiries@prosperitylaw.com
References:
https://www.bbc.co.uk/news/articles/cp9rl7d575xo
https://www.stroke.org.uk/stroke/symptoms
https://guitar.com/news/music-news/brian-may-queen-stroke-fears/
https://www.mirror.co.uk/3am/celebrity-news/sir-brian-mays-wife-reveals-34249430
High Court Ruling: £32M “Moth Mansion” Sale Overturned – Key Legal Insights for Buyers & Sellers
A recent High Court ruling may have significant implications for property transactions. In 2019, heiress Iya Patarkatsishvili and her husband, Dr. Yevhen Hunyak, purchased Horbury Villa, a £32 million mansion in Notting Hill, London.
Shortly after moving in, they discovered a severe moth infestation, with insects contaminating their living spaces and belongings. The source was identified as moth nests within the wool insulation behind walls and ceilings.
The couple sued the seller, property developer William Woodward-Fisher, alleging he provided false information regarding the property’s condition and failed to disclose the infestation. The High Court found that Woodward-Fisher had given “false” answers about the state of the house and failed “honestly to disclose” the “serious infestation.” Consequently, the court ordered the rescission of the sale, requiring Woodward-Fisher to reimburse the purchase price, minus £6 million for the couple’s use of the property, and to pay an additional £4 million in damages.
📜 Legal Implications: What This Means for Buyers & Sellers
Warren Kaye, Head of Conveyancing mentions that “This case serves as a stark reminder that while ‘buyer beware’ remains a key principle in property transactions, it does not give sellers a free pass to mislead. Deliberate misrepresentation has always been an exception to this rule, and the courts will not hesitate to intervene when buyers are provided with false or misleading information.
Sellers must be honest in their disclosures, and buyers should be aware of their rights if they are misled. At Prosperity Law, we are here to help both buyers and sellers navigate these complex legal issues and protect their interests.”
🔸 For Sellers: Transparency is Key
- While “buyer beware” (caveat emptor) remains a fundamental principle in property law, this case reinforces that it does not provide blanket protection for sellers.
- Deliberate misrepresentation has always been an exception to this rule. If a seller knowingly provides false or misleading information, they can face serious legal consequences, including financial liability and rescission of the sale.
- Sellers must accurately complete property information forms and disclose any known defects that could materially affect the buyer’s decision.
🔹 For Buyers: Misrepresentation Can Void a Sale
- This ruling does not signal a fundamental shift in the legal landscape, but it clarifies buyers’ rights in cases where sellers fail to disclose known defects.
- Buyers should still conduct thorough surveys and due diligence, but they do have legal recourse if a seller intentionally misleads them about the property’s condition.
- The key takeaway: Silence is not necessarily misrepresentation, but providing false information is.
Paul Magee, Head of Property Litigation at Prosperity Law, commented that:
“The case represents a clear illustration of ‘Seller Beware’ ( Caveat Venditor) rather than ‘Buyer Beware’ ( Caveat Emptor). A seller has to exercise extreme caution and avoid misleading the buyer otherwise there is a real risk of the contract being rescinded with the Seller facing disastrous financial consequences. Paul Magee and his team are currently dealing with similar litigation cases.”
🏛️ Need Legal Guidance?
Whether you’re buying or selling property, understanding your legal obligations is essential. At Prosperity Law, we specialise in property disputes, contract law, and misrepresentation claims.
📞 Call us at 0161 667 3686, visit www.prosperitylaw.com to book a consultation with our expert legal team or email enquiries@prosperitylaw.com.
⚖️ Know your rights. Protect your investment.
Medical Negligence Maternity Care – Deaths of 56 babies at Leeds hospital could have been preventable.
Families are calling for an independent review into Leeds Teaching Hospitals NHS Trust maternity care.
Data shows that Leeds Hospital has the highest neonatal mortality rate in the UK.
The CQC rated the two maternity units at Leeds Teaching Hospitals NHS Trust (LTH), Leeds General Infirmary and St James’s University Hospital, as good but whistleblowers believe the units are unsafe.
In a statement, the Trust said the majority of births are safe and deaths of mothers and babies were very rare.
Staff who worked at the units, however, described care as appalling highlighting a service that is completely broken, with chronic understaffing, a lack of empathy and a failure to listen to patients. Families described a lack of compassionate care, a tick box and wait-and-see culture.
Trust-led reviews of 56 cases from January 2019 to July 2024 involving stillbirths, neonatal deaths and also 2 maternal deaths revealed the outcome could have been different with better care.
The Trust accounts for the high rate of mortality to caring for a higher volume of babies with complex conditions. The deaths reviewed included babies with congenital abnormalities, and babies and mothers transferred from other units who required specialist care. The trust has seen an increasing number of complex pregnancies including severe cardiac conditions.
Data from MBRRACE-UK found Leeds Teaching Hospitals NHS Trust neonatal deaths were 70% higher than the average rates for comparable trusts.
An Inquest in 2023 found failures included delays in admitting a patient after her waters broke and a delay by midwives escalating concerns with the fetal heart rate.Jane Lynch – Head of Medical Negligence, birth injury specialist at Prosperity Law says,
“Delays and failure to monitor a baby’s heart rate adequately are common failures by midwives in birth injury claims. Every minute counts. The longer the baby is in fetal distress sadly the more damage or death occurs.
Where there is a delay in delivery there can be a lack of oxygen to the baby, known as hypoxia. This can result in a birth injury. Birth injury can result in certain types of developmental delays, cerebral palsy or even death.
Trusts should learn lessons but sadly we continue to see the same mistakes happening.”
How Prosperity Law Can Help You
If you think that you or a loved one has been injured as a result of medical negligence associated with birth Injury, then you may be able to make a claim.
If you would like to discuss your medical negligence claim contact Prosperity Law for a free consultation with a qualified specialist solicitor by phone or email. We hold Clinical Negligence Accreditation from the law society ensuring your case is being dealt with by an expert team.
If you would like to see us in person we have offices in Liverpool, Manchester and Leeds or we can arrange a home visit.
If you would like to know more about how Prosperity Law can help you with your medical negligence claim or our many other services, then please contact us today for a confidential consultation with a qualified specialist solicitor. Call us on 0151 909 1848 or Email: enquiries@prosperitylaw.com
Prosperity Law ranks in The Legal 500 for 2025
Prosperity Law has been recognised in this year’s Legal 500 rankings, referencing more partners from its growing roster of recognised lawyers. This year, Prosperity Law was ranked amongst the best law firms in the country, namely across the North West– a testament to the expertise of its partners and staff.
Office Managing Partner & Head of Commercial Litigation, Andrew Farrell commented: “Prosperity Law is focused on bringing together the best legal talent and creating a collaborative work culture as we believe this is what best serves our clients.
Being named once again by Legal 500 is a testament to that focus, the teams who have worked diligently to secure positive outcomes for our clients, and the first-class service we offer. Congratulations to all our teams. We are thrilled to see the excellent contribution brought to the firm by Partner Paul Magee also being acknowledged in this year’s rankings”.
The Legal 500 is a guide and directory aimed at providing clients with a comprehensive and objective overview of the best law firms in each region, compiled annually. During the ranking process, firms are marked on a number of criteria, including technical expertise, innovation in practice, capability and capacity for complex cases. Feedback is collected and rankings are allocated accordingly to inform the overall directory, which is then accompanied by an editorial section which provides more detailed information about each firm and its specialisms.
Recognised once again for their expertise were Prosperity Law’s Commercial Litigation team across the North West. New listings include Paul Magee who features for the firm for the first time with Legal 500 mentioning he “has extensive expertise in professional negligence claims relating to the property sector as well as commercial lease disputes, forfeiture and possession dilapidation claims, and restrictive covenant disputes”.
Further remarks from the Legal 500 include: “The commercial litigation team at Prosperity Law LLP, which is co-led by Andrew Farrell and Edward Smethurst, handles various complex commercial disputes. Farrell’s broad practice covers corporate, shareholder and professional negligence disputes as well as insurance coverage issues and defamation work, while Smethurst acts for a roster of publicly listed and private companies”.
The feedback provided to Legal 500 by clients of the firm is extremely positive, with one stating “Prosperity Law offers a very personal service and you feel they really care about how the case affects the client on a day-to-day basis. Potential clients would find the team is very knowledgeable in their field and that they think outside the box when dealing with difficult issues.”
Planning For Your Future: A Comprehensive Guide To Trusts
Planning For Your Future: A Comprehensive Guide To Trusts
Our trust expertise covers the entire range of trust
services. For your loved ones to manage your estate while grieving can make an already emotional time more stressful.
Our trust expertise covers the entire range of trust services. From managing the day-to-day administration of trusts, to set up and registering of trusts, and preparing tax accounts. We deal with the full range of trusts available, including the implicated estate planning that may be involved when it comes to allocating your assets and mitigating tax liability.
You can transfer assets to a lifetime trust so that your assets are not considered part of your estate – reducing your inheritance tax (IHT) liability. This also takes away the need for you to give away assets to beneficiaries seven years before your death to minimise IHT.
In our modern world, family scenarios are complex and can often involve multiple marriages and children. Trusts can protect the interests of your beneficiaries to take account of any family situation and ensure that your wishes are reflected.
We can also administer the trust to look after those family members who need extra guidance – perhaps they have faced health or personal issues that mean they would benefit from us administering the trust objectively.
Our experienced private client team can help you prepare a lifetime truss so that your family can avoid unnecessary worry.
We can act as the trustees of the trust and manage it on your behalf and have considerable experience in trust administration. Each trust requires two trustees. We can provide both of these roles or along with a family member, we can act as a trustee. Alternatively, we can be an independent adviser to the trust, delivering objective advice to the trustees.
Trust law is constantly evolving and can be complex to understand. We stay abreast of changes in trust laws, rules and regulations to offer our clients the best solutions that meet their needs.
Speak to our team on 0161 464 7595 or email charlottek@prosperitylaw.com
Planning For Your Future: A Guide To Probate and Administration of Estates
Planning For Your Future: A Guide To Probate and Administration of Estates
Our team deals empathetically with all administration of estates and probate needs.
From full estate administration to grant-only services, we can help you take care of a deceased person’s estate, and distribute their estate in line with their will or under the intestacy rules.
We also act as the adviser to the estate to administer it in a straightforward, impartial manner. We can also help navigate any disputes on an estate.
A personal representative (PR) is responsible for winding up someone’s estate; they can be either an executor or administrator. If the deceased has a will, they will usually name at least one executor. If there is no will, a relative will need to apply to the Probate Registry for a grant of letters of administration – they are then known as an administrator or PR.
A grant-only service will allow the personal representatives to access funds to pay any debts and distribute assets to the beneficiaries. We ask the personal representative for all the key details on the deceased’s assets and debts to prepare the required paperwork for the Probate Registry and HMRC.
We will then submit an application to the Probate Registry and manage this process smoothly. Once this is complete, we will send the grant of probate to the personal representative to allow them to complete their duties.
We can also carry out full administration of estates. This includes (for the most complex of estates) advice on making claims for tax relief, business or agricultural tax relief, and administering the estates of non-domiciled deceased people and those with assets overseas.
Where the deceased has no remaining family, we can register their death and arrange their funeral, and are often already appointed as the executor of the will, we may have to obtain valuations of assets and make the full application for a grant of probate after settling any inheritance tax which is due and payable to HMRC. We can also distribute the deceased’s assets according to their wishes and provide advice to beneficiaries looking to amend or vary the terms of their benefit to bypass their own children. This is often done for the wider families’ benefit and to avoid the children of the deceased inheriting a further IHT problem.
Our experts will explain all legal terms and their implications clearly, always acting in your best interests. In what can be an extremely distressing time, we deliver the highest level of service to you. We are highly experienced in navigating this complex area of law.
Speak to our Manchester on 0161 464 7595 or email charlottek@prosperitylaw.com
Planning For Your Future: A Guide To Care Fee Mitigation
Planning For Your Future: A Guide To Care Fee Mitigation
Estate planning is also vital to manage care fees as well as inheritance tax. Having to manage this, while securing a place for a loved one in a care home, is incredibly stressful.
The media have made much hay on people’s concerns for their property should they need to go into a care home. The rules as they currently stand state that if you have assets over £23,250, you will be paying for your own care – the so-called ‘capital threshold’. Most people with a property therefore will be considered as self-funding.
To mitigate this risk, couples can own half each of their residential property. You can then make wills that bypass your spouse and leave your share of the home to your children. Savings and investments can be held in your own name and left to your children.
If one person from a married couple moves into a care home, the local authority will then only assess that person’s assets. So, if their spouse continues to live in the home, you will not have to sell your house.
If, however, one member of a couple has died and the surviving spouse is living in a care home, the local authority will then consider all of the residential property to pay for these costs.
We can advise you on the best way to mitigate these costs. A house, for example, can be placed in a trust or the asset passed to your children.
The main aim would be for a couple to ensure that all assets are divided equally so that the local authority will only consider one-half of your combined worth. This would seek to avoid a distressing and protracted discussion with the local authority.
Couples need to ensure that they register assets in their individual names proactively. Many people consider a trust so that the surviving spouse can still live in the family home. While this is fairly straightforward legally, it relies on the family having an open conversation with us so that we can develop a bespoke solution that meets your individual needs.
Speak to our team on 0161 464 7595 or email charlottek@prosperitylaw.com
Planning For Your Future: A Guide To Inheritance Tax
Planning For Your Future: A Guide To Inheritance Tax
Dealing with inheritance tax while grieving for a loved one can add to an already difficult cult time.
We can help you to plan your estate and mitigate tax liabilities on your death.
Estate planning – or the mitigation of inheritance tax (IHT) – may involve creating trusts, lifetime trusts or giving away assets. We can advise you on the solutions available and put the necessary measures in place.
In our modern world, family scenarios are complex and can often involve multiple marriages and children. Wills reflect this so it’s vital to get the measures in place now, including appointing any guardians for children.
There are two different areas to consider.
Firstly, we can manage the estate planning for business owners or entrepreneurs who are still taking an income from their company and need to determine their exit strategy from their businesses.
We work with business owners and their advisers to protect their interests and put in place measures to mitigate their tax liability through careful estate planning which can often involve trust advice.
We recognise that many people are wanting to continue to work – long into retirement. We can manage planned gifts into trusts or to direct gifts to children.
We can advise on and draft the relevant type of trust and provide options for wider intergenerational estate planning.
For many of our clients, it can be a wider conversation about control of your estate and any concerns you have – namely, who receives what and when from your estate. We can discuss your concerns openly and empathetically with you to ensure your estate planning meets your needs.
We can bring in a family law specialist should the need arise to discuss pre-nuptial agreements or cohabitation agreements where appropriate.
The second area of estate planning is the retired pensioner or someone who has already sold their business. They have done the hard work, retired, and are now enjoying life. Their main concern is the IHT due on their death.
We work with financial advisers to work out how much capital you need for an income and whether it is appropriate to gift any of the estate to your family.
It could mean they gift commercial or residential property to their family. Each time, we devise a bespoke solution for our clients as we know that no single client issue is ever the same.
Clients often seek advice when they downsize, moving into a smaller property can be fraught with issues and we can deal with any IHT planning issues providing advice around using the residential nil rate band or addressing concerns regarding care home fee mitigation.
Speak to our team on 0161 464 7595 or email charlottek@prosperitylaw.com
Take Control of Your Unpaid Invoices with Prosperity Law’s Debt Recovery Team
Are you tired of providing goods or services to your customers and instead of getting paid you’re getting excuse after excuse on why they can’t pay?
If your answer is yes, then Prosperity Law LLP can help you and your business!
At Prosperity Law, we understand how frustrating it is to hold up your end of an agreement and in return not receive payment from your customers. Our Debt Recovery Department offers a wide range of services to help recover your unpaid invoices.
The typical first action to recover your debt is to send a 7-day Letter Before Action for Limited Companies/LLPs or a 30-day Pre-Action Protocol letter to individuals to comply with the Pre-Action Protocol for Debt Claims (the Protocol) contained in the Civil Procedure Rules (CPR).
During the pre-legal stage, we aim to iron out any disputes your customers may raise and ensure that we fully understand your case and advise appropriately.
If during the pre-legal stage, your customers have not made payment, then the next stage may be to issue legal proceedings. Once a claim has been issued, the Defendant is given an opportunity to respond to the Claim and can either file a Full Admission, Part Admission or Defence if they intend to dispute the claim.
A Part Admission is where the Defendant only admits to owing part of the total Claim amount and a Full Admission is where the Defendant accepts liability for the total Claim amount.
Accepting a Part Admission or Full Admission results in the Defendant receiving a County Court Judgment (CCJ) and, if payment is not forthcoming, then you can choose to enforce the CCJ through the County Court Bailiffs or High Court Enforcement Officer to recover the debt. Our Debt Recovery Department has a long-standing relationship with a reputable High Court Enforcement Agency that provides our clients with exceptional service.
Once a Defence is filed the matter becomes a defended Claim, our Debt Recovery Department will guide you through each stage of the proceedings through to the hearing to determine whether the Defendant is ordered to pay you the outstanding Claim sum.
If the Judge agrees with your Claim, your Claim is successful and The Defendant will receive a CCJ, if payment is not forthcoming, then you are entitled to proceed with enforcement action.
If the Defendant does not respond to your Claim within the timeframe determined by the Court, then we can obtain a Default CCJ on your behalf and you are entitled to proceed with enforcement action.
Our Debt Recovery Department also offers other recovery services such as preparing Statutory Demands, Winding Up Petitions, Bankruptcy Petitions, Attachment of Earnings and obtaining Charging Orders against your customer’s property.
Please contact our Debt Recovery Department based at our Leeds office on 0113 246 7878 or at enquiries@prosperitylaw.com for further information and advice.
Medical Negligence: A Guide To Making a Claim
Medical Negligence: A Guide To Making a Claim
Millions of people are treated every year by the NHS and in private healthcare.
Doctors, nurses, dentists and other healthcare professionals treat patients successfully. They do not intend to deliberately harm a patient but sometimes things can go wrong. When it does go wrong, most people want to know what happened and assurance that steps are taken so it does not happen again. The consequences can be devastating and sometimes life-changing. If someone has suffered harm as a result they may need compensation to pay for the care and treatment they need.
You can make a complaint to the hospital, GP, dentist or other healthcare provider. You can also complain to the professional body such as the GMC, NMC or GDC. If you want financial compensation the only way to obtain it is by making a legal claim.
Types Of Claim For Medical Negligence
Medical Negligence claims are also referred to as Clinical Negligence claims.
There are many types of claims that can be pursued, these include:
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- Birth injury; Negligence during pregnancy, childbirth and postnatal care leading to complications for the mother or brain injury to the baby, including cerebral palsy
- Failure or delay in diagnosis
- Delayed or incorrect treatment
- Surgical errors such as retained instruments inside the body, operating on the wrong part of the body, or causing additional injury during surgery
- Failure of the GP to refer the patient to a specialist
- Failure to carry out vital tests at all or in time
- Failure to properly monitor the patient’s progress
- Medication errors: wrong dose or wrong administration
- Prescription errors
- Accident and Emergency; failure or delay to diagnose, treat or refer
- Orthopaedic claims: failed hip or knee surgery, failure to diagnose or treat broken bones
- Failure to diagnose or misdiagnosis
How A Legal Claim For Medical Negligence Works
In order to make a legal claim, you have to prove 4 elements.
- The health care provider, i.e Doctor, nurse or hospital, owed the patient a duty of care.
- There was a breach of duty of care.
- That the breach caused an injury or loss, known as causation
- The injury must be reasonably foreseeable
You have to prove all of these in order for your claim to succeed.
Why Choose Prosperity Law?
The legal process for making a claim for medical negligence is complicated and it is recommended that you seek advice from a genuine specialist in medical negligence who is accredited by the Solicitors Regulation Authority for Clinical Negligence.
As a victim of medical negligence, dealing with the consequences and injuries can be devastating. If you or someone close to you has suffered medical negligence, we understand that you may need emotional support in addition to legal representation – we recognise the person behind the claim. Our expert team at Prosperity Law use a practical, open approach and we are proud of our culture that encourages addressing issues head-on, so if you have a problem during the claim, we are here to help you.
If you are suffering as a result of medical negligence, Prosperity Law are accredited by the Solicitors Regulation Authority for clinical negligence and our specialist solicitors can help you with your claim.
Find out more about our clinical and medical negligence services here.
Call Jane on 0151 909 1848 or email
enquiries@prosperitylaw.com
Get in touch
Planning For Your Future: A Guide To Wills
Planning For Your Future: A Guide To Wills
Wills – It’s about preparing now to ensure that what happens in the future will reflect your wishes.
We all hope that we have the mental capacity to make our own decisions long into the future and that our assets and estate will benefit our families or the causes that we care about.
“A will could ensure that you protect
these interests and avoid being
disappointed by the consequences
and their far-reaching effects.”
We can help you to plan your estate in accordance with the rules of law and your requests, and discuss the scenarios, and legal consequences, so that you can protect your beneficiaries. Many people believe that wills are the preserve of the wealthy and question the need of having a will if they do not have a significant amount of money or property to leave to their family.
Did you know: A will means that YOU decide who should benefit from your estate…
Speak to our Manchester on 0161 464 7595 or email charlottek@prosperitylaw.com
![Hashmi v Lorimer-Wing [2022] Article Image](https://prosperitylaw.com/wp-content/uploads/2024/05/Hashmi-v-Lorimer-Wing-2022-Article-Image-1024x576-1160x665.jpg "Hashmi v Lorimer-Wing [2022] Article Image")
Calling all Sole Directors – you may want to read this!
Calling all Sole Directors – you may want to read this!
Ok, before I start, this isn’t exactly ‘breaking news’. It actually comes from the judgement in the case of Hashmi v Lorimer-Wing [2022]. The date of this case gives a clue to just how ‘breaking’ this news is!
In fact, as I explain below, this relates to an issue that has been around for 18 years.
Yet, I still see problems arising from this regularly, as it still affects a lot of sole directors.
When setting up a new company, be it a start-up, or incorporation of an existing business (a sole trader for example), you must file at Companies House a copy of the rules that govern the company – the Articles of Association.
This covers important things like:
-
how the company makes decisions
-
how the company can issue more shares
When starting or incorporating a business, the last thing you need is the delay and cost of having bespoke Articles prepared. Most people in this situation do not have any special requirements and they just want to run the company under the ‘normal rules’.
Well thankfully, when drafting the Companies Act 2006, the government included a set of ‘Model Articles’. This is essentially a set of ‘normal rules‘ for a company.
All you have to do is say that the company will ‘adopt the Model Articles’ and job done, you can move on!
Not at all surprisingly, lots of new companies do just that.
So what’s the problem?
Well, let’s say you are a sole director, and you have ‘adopted the Model Articles’.
Article 11(2) states that: “The quorum for directors’ meetings may be fixed from time to time by a decision of the directors, but it must never be less than two….”
In accordance with the Model Articles – all lawful decisions of the company are made by majority decisions at director’s meetings (or unanimous decisions by directors that would form a quorum).
If those meetings and unanimous decisions can only be made by a minimum of 2 directors – this means that a sole director operating under the Model Articles cannot make any decisions on behalf of the company!
You may be wondering if this has any relevance considering it has been there for all to see for 18 years! It was generally thought that this anomaly could be ignored as Article 7(2) states:
“If (a) the company only has one director, and (b) no provision of the articles requires it to have more than one director, the general rule does not apply, and the director may take decisions without regard to any of the provisions of the articles relating to directors’ decision-making”
You can see the problem here! Article 11(2) does specifically require the company to have more than 1 director, and so Article 7(2) does not really help.
In the Hashmi case, the High Court decided that a sole director operating under the Model Articles could not make decisions on behalf of the company. This would mean that a sole director cannot enter the company into an agreement by signing as a director on behalf of the company.*
The biggest fallout from all of this that I have seen is from banks, with respect to lending. If a sole director (of a company with the Model Articles) signs a mortgage deed on behalf of his company – who are borrowing a sum of money for the purchase of a property, arguably that company has not agreed to the mortgage, the bank has sent the money despite the fact the mortgage deed has not been executed.
This is because the company’s rules state that decisions must be made by a quorum of directors and that the minimum number of directors is 2 – and only 1 director made the decision.
There could be problems if the company defaults on the repayments, having not formally agreed to the terms of the mortgage!
So how is this still relevant?
In the last month alone, I have had to deal with 3 sole director companies (with the Model Articles) as they sought finance. The bank cannot lend unless there is a second director, or the Articles are changed so that 1 director can bind the company. All that is required is an amendment to Article 11.
We can easily fix this for you so that all past decisions by the sole director, and all future decisions are lawful. Please get in touch for a free assessment of your company – as to whether the sole director has the authority to make decisions on behalf of the company.
In Summary:
“It is commonly understood that ‘A minimum of two directors must be present at any board meeting, unless the company has only one director, in which case that single director is permitted to make decisions independently.’
Put simply, it is widely accepted that Article 7(2) takes precedence over Article 11(2).”
*The Articles in the Hashmi case also included an additional bespoke Article 16. It is not known to what extent that additional Article influenced the decision. It could be that the courts make a different decision on another case where the Model Articles had not been amended – but who would be brave enough to take that to court now?
If you require any advice or assistance in relation to any of the above, please contact our Head of Corporate & Commercial, Paul Edels at paul@prosperitylaw.com or on 0151 958 0057.
Financial fouls: tactics for footballers, their finances and future estate planning
Some recent articles (with insightful comments from ex-professional players) highlight significant financial misadventures and poor advice which have affected current and retired footballers and pensioners, underscoring the need for proper legal and financial guidance which is backed by regulatory oversight.
Graeme Souness, in the Daily Mail, shares concern over footballers being misled by dubious investment schemes, recalling an incident involving a so-called revolutionary coffee bean that duped a player into investing £30,000. He advocates for financial education among players, praising Bryan Robson’s initiative to educate them on financial pitfalls. Souness emphasises the magnetic pull of substantial football incomes, attracting exploitative individuals, and reflects on his fortunate financial guidance during his early career. Taking good advice from a trusted, regulated professional advisor is always key.
The Times posts a rather alarming report on a significant number of firms failing to deliver paid-for annual investment reviews to pensioners, the article attributes this to lack of oversight, poor record-keeping, or resource scarcity. This neglect particularly harms older clients, reliant on their pensions, who are planning for their future. The article points to missed investment growth and up-front paid fees for undelivered services which can significantly impact a client’s financial stability. The case study of Claire Nicholson outlines the process and benefits of seeking refunds for such services, raising awareness of the widespread issue of non-delivery of financial services.
The Guardian, Daily Mail, and Daily Star highlight the broader issue of financial abuse within the football industry. Ex-players, like Danny Murphy, criticise the Professional Footballers’ Association (PFA) and other bodies for failing to protect players from predatory financial advisers. Instances of bankruptcy among former players, like Gareth Farrelly and Wes Brown serve to illustrate the severe consequences of misadvised investments, with Brown’s situation notably exacerbated by poor property deals leading to substantial financial loss.
Our Partner & Head of Private Client, Charlotte Keating deals with a number of high-profile clients with complex needs, stating that the importance of specialist, regulated, legal knowledge accompanied by a solid, trusted, regulated and reputable firm of financial advisors cannot be understated.
‘Our clients always benefit from taking legal advice and assistance to navigate the complex legal landscape affecting their estate planning and preparations for a healthy financial future’.
John-Paul advises clients to take a ‘regulated advice only’ approach noting the growth of various ‘get rich schemes’ which are often not backed by anything tangible, nor are they regulated. We are concerned with protecting clients from loss and securing legal advice when considering their estate planning and future away from playing is a key for anyone looking at retirement, especially those wishing to invest outside of mainstream regulated investments.
If it seems too good to be true, it usually is.
These narratives underline the critical need for robust financial education, vigilant regulatory oversight, and tailored legal advice to safeguard individuals from financial exploitation to ensure that their estate and assets are managed wisely and securely.
For help and guidance, feel free to get in touch with the Head of Private Client, Charlotte Keating on charlottek@prosperitylaw.com or give us a call on 0151 909 8657.
Challenges and opportunities for UK businesses
As we head into the second quarter of the year, the outlook for UK business is a combination of promising opportunities and worrying challenges. From regulatory frameworks to the power of digital innovation and the importance of sustainable practices, 2024 presents a diverse array of hurdles demanding strategic foresight and proactive measures from all UK businesses. In this comprehensive analysis, we delve deeper into the landscape of challenges facing UK businesses this year and what you, as a business owner, should be thinking about.
Navigating Regulatory Complexities
The UK’s regulatory landscape continues to evolve, presenting challenges for businesses striving to maintain compliant whilst innovating and growing. The aftermath of Brexit has presented a wave of regulatory changes, impacting trade agreements, customs procedures, and industry-specific regulations. For instance, sectors like financial services are grappling with the implications of diverging regulatory standards between the UK and the EU, necessitating careful navigation and strategic adaptation.
Furthermore, environmental sustainability has become a huge consideration, with the UK government’s ambitious targets to achieve net-zero emissions by 2050 driving regulatory interventions across industries. The introduction of the Environment Bill and the forthcoming Environmental Land Management Scheme (ELMS) are poised to reshape the obligations and opportunities for businesses in sectors ranging from agriculture to manufacturing and construction.
Harnessing Digital Innovation Amid Cybersecurity Concerns
Developments in IT and technology present opportunities for businesses to enhance productivity, streamline operations, and engage customers in innovative ways. However, this digital revolution also amplifies the concern of cybersecurity threats and data breaches, casting a shadow over businesses’ technological aspirations. In a recent case, a leading e-commerce retailer had to deal with the fallout of a cyberattack that compromised millions of customer records, eroding consumer trust and inflicting substantial financial losses.
Remote working arrangements in the wake of the COVID-19 pandemic have expanded the opportunities for cybercriminals, underscoring the importance of robust cybersecurity measures. In the legal industry, we are particularly sensitive to the latest cybercrime tactics, being a target when handling large cash transfers. The lengths that criminals are going to are extraordinary and require constant monitoring and retraining.
Talent Acquisition and Retention in a Shifting Labor Market
The talent landscape in the UK is also shifting, driven by demographic changes, technological disruptions, and evolving expectations of the workforce. Businesses across different sectors are struggling with the double challenge of attracting top talent and retaining skilled employees in a fiercely competitive environment.
The rise of remote working and working from home has blurred geographical boundaries, opening up a vast talent pool for businesses while intensifying competition for specialized skills. Forward-thinking companies are embracing flexible work arrangements, investing in upskilling and reskilling programs and prioritizing diversity and inclusion initiatives to foster a dynamic and inclusive workplace culture conducive to talent retention and innovation. Where they cannot, companies are turning to outsourcing.
Resilience in the Face of Supply Chain Disruptions
The global supply chain disruptions triggered by Brexit and the COVID-19 pandemic have sent shockwaves across industries, exposing vulnerabilities and highlighting the importance of resilience and agility in supply chain management. Businesses reliant on international trade and logistics have encountered a myriad of challenges, from port congestion and container shortages to geopolitical tensions and trade disputes.
For example, automotive manufacturers across the world faced production delays and inventory shortages last year due to disruptions in the supply chain of ‘chips’, underscoring the interconnected nature of global trade networks.
Global tensions from wars in Ukraine and the Middle East mean that things are unlikely to improve in the short term. In response, businesses are diversifying their supplier base, leveraging advanced analytics and AI-driven forecasting tools, and exploring localised production.
Embracing Sustainability as a Strategic Imperative
In an era marked by heightened environmental consciousness and regulatory scrutiny, sustainability has emerged as a strategic imperative for businesses seeking to future-proof their operations and unlock competitive advantage. From reducing carbon emissions and minimising waste to embracing circular economy principles and investing in renewable energy sources, businesses are redefining their sustainability agendas to align with global climate goals.
By embracing sustainability as a core value proposition, businesses not only mitigate reputational risks but also foster innovation, enhance brand loyalty, and capture new market opportunities with increasingly eco-conscious consumers.
In Conclusion
As UK businesses chart their course through 2024, they must navigate challenges with resilience, agility, and strategic foresight. By leveraging regulatory insights, embracing digital innovation, nurturing talent, fortifying supply chains, championing sustainability, and mastering risk management, businesses can not only weather the storm but potentially emerge stronger, more adaptive, and more resilient in the pursuit of sustainable growth and enduring success.
As your business grows and develops it is imperative that you have appropriate and robust legal agreements in place covering all commercial relationships. Do you have agreements with all of your suppliers? Do you have terms and conditions for your customers? Equally of importance, have you considered the relationships with your business partners or shareholders, and do you have written agreements setting out how you will operate the business and how you can exit?
The Corporate & Commercial team at Prosperity Law can help you shore up these relationships with commercial agreements, we can advise you in relation to regulatory concerns, and assist your business from start-up to exit. Call us to discuss your business plans and legal requirements.
If you require any advice or assistance in relation to any of the above, please contact our Head of Corporate & Commercial, Paul Edels at paul@prosperitylaw.com or on 0151 958 0057.
Prosperity Law’s corporate healthcare team facilitates client’s entry into dental practice ownership
In a strategic move towards practice ownership, our client Katie Bynoth enlisted the support of Prosperity Law for a series of corporate advice and commercial property matters. With aspirations to become a part owner of a Bristol-based business, Clifton Down Dental Practice, Katie sought the expertise of Corporate & Commercial expert Paul Edels and his team.
The corporate segment of the instruction encompassed pivotal agreements, including an asset purchase agreement, an expense-sharing arrangement, and a goodwill transfer agreement. Spearheading this aspect of the transaction, Paul Edels, Partner at Prosperity Law, displayed unwavering commitment and expertise. In expressing her gratitude, Mrs Bynoth noted, “Thank you so much for all your work in this process, I know it wasn’t easy at times! I really appreciated the time you put into explaining things to me, and being very patient when needed!”
Simultaneously, the commercial property dimension entailed a lease assignment, property contract, and asset purchase. Guiding our client through these intricate matters, Sophie McGregor, Solicitor at Prosperity Law, demonstrated exceptional attention to detail and dedication. Mrs Bynoth expressed her appreciation, stating, “Thank you again for all your hard work. I appreciated your attention to detail and clear explanation. I know you worked very late on multiple occasions to meet a tight deadline.”
The successful completion of this transaction reflects the diligence and professionalism of Prosperity Law’s Corporate Healthcare and Commercial Property teams. Our transaction team consisted of Paul Edels (Partner), Sophie McGregor (Solicitor) and Paul Rabbette (Senior Paralegal).
For those considering similar ventures in the dental sector, Prosperity Law’s expert Dental Corporate team stands ready to provide comprehensive assistance.
Contact them at 0151 958 0057 or enquiries@prosperitylaw.com.
Preserving Prosperity: Why Trusts are an Essential Ingredient to your Estate Plan
With respect to the current climate, scaling a global pandemic, and unrest in the political and financial markets, Trusts have been an ever-present concept. However, they are beginning to play a vital role in securing personal and business assets, especially given the plethora of issues we face globally today. A trust holds assets provided by a settlor, and managed by a trustee, for the enjoyment of a beneficiary. Trusts can be set up for numerous reasons, such as, to control and protect family assets, for beneficiaries if they are unable or incapable of handling their own affairs (e.g. children, people incapacitated or with disabilities) or to pass on assets while the settlor is still alive or when they pass away. Many assets, including cash, property, shares and land can be put in a trust to ensure that the person you want to receive these assets can fully benefit from them.
There are many types of trust, however the two I am going to focus on are an interest in possession trust (IIP) and a discretionary trust. An IIP is a trust in which at least one beneficiary has the right to receive the income generated by the trust or a right to enjoy the benefits of the trust for the present time in another way. This means that the settlor may place an asset into an IIP, the beneficiary, also known as the ‘life tenant’ has a right to enjoy the income generated from the asset but does not have a right to the asset itself.
Only later when the lifetime beneficiary is deceased do the trust assets transfer to the future beneficiaries, giving peace of mind to the settlor knowing their beneficiaries are going to receive what is rightfully theirs. IIPs are likely to arise where a settlor gives their partner access to the trust and be the ‘life tenant’ and then for the assets to pass to the settlor’s children once their partner dies. An IIP guarantees immediate income to the beneficiary, meaning that the trustees cannot allow any income to accumulate, they must pass any income generated immediately to the beneficiary, less any tax or trustee expenses. The robust protections offered by an IIP, along with favorable tax implications are the main reasons why many people choose to proceed with an IIP.
Furthermore, IIP trusts are flexible where they allow a beneficiary to benefit from the trust for a certain fixed period but can be subject to certain conditions set by the settlor and executed by the trustees, for example, revoking the trust if a partner remarries. The ease of the trust transferring to future beneficiaries highlights the wide range of benefits an IIP trust offers. There are a few downsides to an IIP, relating to the complexity and costs of maintaining a trust, however, these are broad and generally seen across many trusts, not just an IIP. Trusts can be complex to manage, and the complexity normally links to the amount of assets a settlor has and wishes to place into an IIP, although, with a proper structure to your estate, this can be mitigated.
A discretionary trust is a trust set up by a settlor, giving the trustees the ability to make certain decisions on when to distribute the income or capital, which beneficiary or beneficiaries receive what and how often payments are made. The settlor can also instruct the trustees to impose conditions on the beneficiaries; the most common example is withholding access to the trust until the beneficiary reaches a certain age. Discretionary trusts are frequently created for beneficiaries who are not capable of dealing with the finances themselves, or for a future purpose, for example, financial help for grandchildren or younger family members, who can benefit from the trust in later life.
Discretionary trusts offer a wide array of benefits, with flexibility arguably being the leading advantage. Trustees holding the power to decide when to allow beneficiaries access to the assets based on the terms of the trust may be vital for settlor’s when planning out their estate and allowing the trustee to fulfil the best wishes of the settlor when they may not be able to do it themselves. To continue, it grants trustees the ability to distribute assets in ways you may never have anticipated but benefit the person you intended.
The tax differences between both trusts must be addressed, as they are quite distinct. Both trusts require the trustees to pay any tax due on the trust unless the trustee ‘mandates’ income to the beneficiary, in which case the beneficiary must fill out a self-assessment form. For a discretionary trust, the first £1000 is taxed at a standard rate, and the remainder of the trust is taxed accordingly (Trusts and taxes: Trusts and Income Tax – GOV.UK ). If the settlor has more than one trust, then the standard rate band is divided by the number of trusts the settlor has, up to a maximum of 5, therefore the standard rate band would be £200. In the case of an IIP, the tax rate is fixed regardless of the assets held in the trust at 8.75% for dividend income or 20% for all other types of income. Considering the inheritance tax rate is 40%, setting up a trust can be very advantageous for your beneficiaries, who may save thousands on your estate from being due in tax.
Regardless of your purpose for setting up a trust, the protection offered by IIPs, and discretionary trusts are second to none, the relief settlors have knowing their estate and assets are safe for future generations is one of the critical reasons why many choose to create a trust, and why they are an essential ingredient to your estate plan, preserving your legacy and offering assistance to your loved ones.
For help and guidance, feel free to get in touch with Head of Private Client (Liverpool), John Paul Dennis on JPD@ProsperityLaw.com or give us a call on 0151 909 8657
This blog was written and prepared by Jack Donohue, University of Liverpool Undergraduate
Understanding the distinctions: enduring vs lasting powers of attorney
A Power of Attorney is a legal document where one person, the donor, gives another person the right to make decisions on their behalf. It gives you protection regarding your financial and medical affairs by allowing your ‘attorney’ to act on your behalf once you have lost your mental capacity.
Your ‘attorney’ need not be a qualified legal expert, it can merely be a friend, your children (over 18), partner or colleague as long as they have mental capacity.
Many advisors, including Martin Lewis (MoneySavingExpert), believe Power of Attorney is more important than a Will because if you are deceased, your assets are left to your beneficiaries, however, losing your mental capacity means you are now unable to look after yourself, including your medical and financial decisions, but still need decision-making regarding care and finances. Do not always assume your family can access your finances. They need to apply to the Court of Protection or equivalent, which is costly, tedious and causes problems for all involved. A Power of Attorney is a critical step in ensuring you receive thorough care and support in a critical moment of your life. You get to decide who will make these decisions for you.
An Enduring Power of Attorney (EPA) is a document appointing an Attorney to manage the property and financial affairs of the Donor. If the Donor becomes mentally incapacitated, an EPA must be registered before it can be used, or if it is already in use, before it can continue to be used. After October 2007, EPAs can no longer be created, those created before, either registered or unregistered, can still be used today. Lasting Power of Attorney (LPA) has since replaced EPAs, which only allowed people to act on their behalf regarding property and financial matters, whereas the LPA offers more protection and extra options. Someone who has previously made an EPA and still holds the mental capacity can replace their EPA with a property and affairs LPA or can keep the existing EPA. The Lasting Power of Attorney now allows an attorney to make personal welfare decisions on your behalf, along with property and financial decisions.
The registration of an EPA means the Attorney now takes full control and responsibility from the Donor for managing their financial affairs. The Donor can no longer manage their affairs anymore unless the Court confirms the revocation of the EPA by signing a ‘Deed of Revocation’. Once the Donor dies, the EPA automatically comes to an end and the Attorney must send the original EPA along with the death certificate to the OPG as soon as possible. This can be problematic if the Donor suddenly believes he has the capability to manage his own affairs again.
The registration of a Lasting Power of Attorney is somewhat different than the EPA. The LPA introduced protections under health and care decision, and there are now two forms, LP1F and LP1H, that need to be filled in if you wish to have your Attorney manage your financial and health matters. LP1F deals with the financial aspect, you can choose when filling out the form if you would like your Attorney to take control as soon as the LPA is registered or only when you can no longer make decisions yourself. If you wish to have different Attorneys manage personal and business finances, fill in two LP1F forms. LP1H refers to health and care decisions, the key difference between the LPA and EPA is that under an LPA you can still act on your health affairs, or you can have your Attorney act. You are allowed to appoint a replacement Attorney to step in should one of your original Attorneys no longer be able to make decisions on your behalf, without a replacement, you may only have one Attorney who is now unable to make decisions, meaning your LPA will no longer work.
Section 8 gives the Donor more protection than the EPA, which states your Attorney must always act in your best interests to help you make all or part of a decision, whilst being guided by your cultural, moral or religious beliefs and values. To ensure this, Attorneys can find out your preferences and views written in the LPA or elsewhere, avoiding restricting your rights and consulting family and friends, who may understand these aspects.
You are unable to amend your LPA once it is signed and will have to make a new one should you wish to make any changes. You must sign your LPA before anyone else and have an independent (LP12 Make and register your lasting power of attorney: a guide) witness sign straight after you. You must also receive a signature from a certificate provider, a person you’ve known well for at least 2 years, someone with professional skills such as a lawyer who can judge you understand what you are doing and are not being forced to make the LPA. Your Attorney/s and replacements then sign, and your LPA is ready to be registered.
If there are mistakes, OPG can’t register the LPA and the LPA can’t be used. Someone will have to apply to the Court of Protection to get the power to make decisions on the donor’s behalf or get a declaration that the LPA can be treated as valid. This can be a long process and can cost a lot more than an LPA. When registering your LPA you must send these forms, with the signature of the Attorney registering the LPA, along with a cheque for £82 made payable to the Office of the Public Guardian.
This may sound like a never-ending process, however, the OPG has published an easy step-by-step guide on GOV.UK on how to fill in and register your LPA. This is a vital step in ensuring your financial and medical affairs are taken care of with your best wishes in mind. For the avoidance of any problems in making or registering an LPA, we recommend you see a solicitor to get advice.
For help and guidance, feel free to get in touch with Head of Private Client (Liverpool), John Paul Dennis on JPD@ProsperityLaw.com or give us a call on 0151 909 8657
This blog was written and prepared by Jack Donohue, University of Liverpool Undergraduate
Our Corporate Team have completed a Business and Asset sale for £5.5million!
In just 3 short months, our team have advised and completed the sale of our client’s business and assets for £5.5 million.
The fact that our team managed to complete this transaction in such a short period is a testament to the dedication and expertise of our team. This matter involved navigating complex Share Agreements, creation of a Lease to a Public Limited Company and multiple Asset Purchase Agreements with precision and efficiency; given the tight deadline and timescale needed to complete the deal.
We want to congratulate the team on their incredible efforts, dedication and the hard work to get this huge deal across the line. On to the next one.
Our transaction team consisted of Paul Edels (Partner), Sophie McGregor (Solicitor) and Paul Rabbette (Senior Paralegal).
If you are purchasing or selling a business in the future, don’t hesitate to contact our Corporate team for assistance on 0151 958 0057 or enquiries@prosperitylaw.com.
Britney’s back-ed by a pre-nuptial agreement
After only 14 months of marriage, Britney Spears’ husband, Sam Asghari, has this week filed for divorce citing “irreconcilable differences”.
Here in the UK we now have what is known as the no fault divorce meaning couples can divorce without having to cite any particulars such as bad behaviour. This allows couples to divorce with minimal contention.
When Asghari filed for divorce on Wednesday, there was speculation that he would be challenging the pre-nuptial agreement the parties had entered into. The benefit of having this type of agreement is that the parties had already decided, when on good terms, how their assets would be divided, how legal fees would be paid for, and so on and so forth. Negotiating these terms post separation can be costly adding further stress in what is an already a difficult time.
It has since been reported that Asghari will not be challenging the pre-nuptial agreement which demonstrates just how significant these documents are. We are continuing to see an increasing number of cases requiring pre and post nuptial agreements highlighting that they’re not only for the rich and famous and are becoming increasingly common across all marriages.
We asked our head of Family Law, Chelsey Bayliss, why she thought this was; “ I firmly believe the increase is due to a number of factors; firstly the exposure pre and post nuptial agreements are now receiving means that more people are becoming aware as to the benefits. Secondly, gone are the days where you marry only once. I am regularly seeing clients who are embarking on their second or third marriage. Should they not protect their assets properly, they may, unintentionally, disinherit their own children. I feel it is a real positive and a step in the right direction that more and more people are becoming financially astute and are protecting their wealth in a fair and reasonable way”.
If you have a Family Law matter you’d like to discuss or seek advice on, please contact enquiries@prosperitylaw.com or call 0151 909 5930.
Commercial Debt Recovery
Commercial Debt Recovery
Cash flow is the lifeblood of a business. It can be the difference between your success and failure – and that is why debt recovery is a vital exercise for businesses. You need to make sure you’re paid on time for services provided, and that your debt collection activity is carried out in a professional and effective manner.
Appointing a trusted and experienced firm of debt recovery solicitors, like Prosperity Law LLP, is the best way for you to do this. Whether you’re looking for debt collection in Leeds, Manchester, London, Liverpool, or elsewhere in England and Wales – Prosperity can support.
What is commercial debt recovery?
Requesting payment for your services is a normal aspect of business. It’s probably something you do daily. However, the problems start when a client fails to pay. You may find yourself wasting a significant amount of time chasing them up. The late payment may affect cash flow, holding up business activities and preventing payment of salaries.
This is when commercial debt recovery can be of help. A debt recovery law firm and its specialist solicitors can take care of all aspects of debt recovery on your behalf. They will advise on the appropriate legal steps, typically starting with a ‘Letter before Action’ before moving on to court action when necessary and – by applying their skills and expertise – they
will strive to recoup all money that you are owed.
Debt recovery solicitors at Prosperity Law
Here at Prosperity Law LLP, we have a specialist team of debt recovery solicitors, with in-depth knowledge of the legal procedures involved in commercial debt recovery. We can offer tailored advice on the best way to recover your money – whether that’s by giving your client a gentle nudge or starting official court proceedings.
With a straightforward approach to debt recovery, we strive to resolve all cases quickly and effectively, without resorting to formal legal action. Our goal is to recover the debt with minimal fuss. However, we also benefit from a team of commercial litigation specialists – who can help with particularly complex claims, or alternative dispute resolution if necessary.
We’re happy to offer a free consultation, in the form of an informal chat to discover your needs. Call on 0113 246 7878 or email enquiries@prosperitylaw.com or, to view our costs, use the link below.
Andrew Laycock
Office Managing Partner (Leeds) & Head of Insolvency
