The George Ide LLP Blog specialises in providing a host of information regarding personal injury claims, what to do in the event of medical negligence, personal grievances and a wide range of other legal matters. From wills and probate to why you should consider an insurance policy, the George Ide blog is designed to provide helpful advice and insight into a number of legal situations.
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Rugby fans like me will be happy that the Six Nations Championship is now well under way – but rugby, as a full contact sport involving heavy body collisions between two or more players, often... The post Tackling consent – just how much risk do rugby players accept by stepping onto the field? appeared first on George...
Rugby fans like me will be happy that the Six Nations Championship is now well under way – but rugby, as a full contact sport involving heavy body collisions between two or more players, often results in serious injury to amateur and professional players alike.
It is widely accepted that, by participating in a game, rugby players accept a certain risk of injury and, in so doing, give their consent. But is there is a limit to consent given in this way, and what happens when an injury is the result of a negligent act?
All injuries are likely to be fact-specific but, using high tackles as an example, it is clear that the rules of the game have evolved over the past decade in an attempt to reduce the number of accidents. Current rules state that a player must not tackle an opponent above the line of their shoulders, even if the tackle starts below that line. In 2016, the Rugby Football Union went further, confirming that a player is deemed to have made reckless contact during a tackle if the player knew, or should have known, there was a risk of making contact with an opponent’s head or neck – an offending player can expect a red or yellow card as the consequence of such action. This type of ‘illegal’ tackle often results in concussion and, although the number of reported concussion cases has fallen in recent seasons, more should be done to ensure the safety of every player.
Given the rules of the modern game and the significant emphasis they place on reducing the incidence of high tackles, perhaps it should be accepted that a player has not necessarily consented to an injury resulting from an illegal manoeuvre. While it is for the courts to judge each case on its merits, if the player making the injurious tackle knew, or ought to have known, that their tackle could result in contact with an opponent’s head or neck and therefore potentially cause injury, then the tackle was reckless – possibly even negligent.
For experienced professionals and beginners alike, player safety is paramount. It is imperative that every club plays their part by ensuring all those who participate in the game know the rules inside-out.
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Today the Lord Chancellor and Secretary of State for Justice, David Gauke, has announced that no fault divorce will become law. It is a decision warmly welcomed by family lawyers and represents a huge achievement... The post Modern divorce – at last, there’s no blame attached! appeared first on George...
Today the Lord Chancellor and Secretary of State for Justice, David Gauke, has announced that no fault divorce will become law. It is a decision warmly welcomed by family lawyers and represents a huge achievement for Resolution, the family law solicitors’ association, which campaigned so hard for this change.
For years, the requirement to blame one party in order to achieve an early divorce has been undermining a modern approach to divorce and separation. These days, Resolution lawyers actively encourage separating couples to work together to find solutions for their family – often in complete contradiction to the need to apportion blame in order to be granted grounds for divorce. Now this barrier is to be removed, family lawyers will be able to get straight to heart of solving the problem.
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Cases involving falls from height are still too common despite the UK’s current working at height regulations. These rules place significant obligations on employers who require work to be done at locations from which, if... The post Workers’ safety is an employer’s responsibility – especially at dizzy heights appeared first on George...
Cases involving falls from height are still too common despite the UK’s current working at height regulations. These rules place significant obligations on employers who require work to be done at locations from which, if there are no precautions in place, a person could fall a distance liable to cause personal injury.
One such case arose from an incident involving the removal of asbestos roof sheets from a disused building in Poynton, Stockport. The principal building contractor and the company undertaking the work agreed the asbestos sheets should be removed using a cherry-picker or scissor-lift – an approach that complied with the regulations and would have allowed workers to access the roof from below without requiring them to go out onto the roof itself.
However, despite the agreed procedure, two workers were allowed to climb onto the roof to remove some sheets from above. No safety equipment was provided. One worker fell from the roof and suffered critical injuries including collapsed lungs, rib and hip fractures, and a ruptured left-shoulder tendon. He will be affected by his injuries for the rest of his life after a month-long stay in hospital. In the wake of the accident, the companies were prosecuted by the government’s Health & Safety Executive (HSE) for allowing the workers onto the roof without having previously put safety measures in place.
Here at George Ide LLP we have dealt with a range of such cases including that of a pub worker who fell through a hole in the bar floor after a cellar trapdoor was left open, and an apprentice who fell through an aircraft hangar roof having been sent out onto the roof without safety equipment.
There is a common misconception that HSE rules ban the use of ladders and step-ladders but this is not the case – there are many situations in which a ladder is the most suitable equipment for working at height. However, an employer must provide the most suitable equipment for the task at hand and take into account factors such as working conditions, the nature, frequency and duration of the work, and the risk to the safety of everyone in the vicinity. Workers should never feel pressurised into working at height without appropriate protection.
If you have any concerns about working conditions or health and safety rules, or you would like to talk to one of our experts about a personal injury case, contact the George Ide team on 01243 786668 or email us at firstname.lastname@example.org.
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Imagine you own a building you have earmarked for redevelopment but, in the interim, you would like to continue earning returns on your investment in order to meet costly outgoings. So you agree to grant... The post Landlords should renew commercial leases with caution or risk granting tenants unintended rights appeared first on George...
Imagine you own a building you have earmarked for redevelopment but, in the interim, you would like to continue earning returns on your investment in order to meet costly outgoings. So you agree to grant some short-term one-year leases to your existing tenants. One tenant has expressed an interest in staying a little longer and, because that suits your circumstances, you agree to give them a right to renew their lease for another year. Given that the arrangement is a one-off and over a short term, instead of drawing up a new lease you decide to use your standard short-term lease with a couple of amendments and your agent writes up an additional clause stating that the tenant can extend their lease for another year provided they give you notice.
At this point you would be forgiven for sitting back and thinking that in two years’ time you will have no problem getting the tenant to leave in good time to put your development plans into action. However, you might be surprised to learn that your position may not be as straightforward as you thought. Although at the time both parties intended the arrangement to be short-term, in fact your tenant may be able to ask you for a 2,000-year lease on the premises. This may seem unlikely but, if not properly drafted, an option to renew could potentially result in the creation of a perpetually renewable lease. Regardless of the parties’ initial intention, the 1922 Law of Property Act states that a perpetually renewable lease takes effect for a term of 2,000 years from the date of the original contractual term.
Whether or not you have created a perpetually renewable lease will depend entirely on the precise wording used in the relevant clause – careless drafting can lead to unintended consequences and it is wise to exclude all mention of an option to renew.
Although it can be tempting not to take legal advice from a solicitor in this type of situation, informed caution can often prevent issues in the future – to avoid potentially costly ransom-driven lease negotiations it is essential to be aware of the full impact of the law before signing on the dotted line.
For more information on all aspects of commercial property law or advice and assistance with your own lease negotiations, contact George Ide’s experienced real estate and business services team on 01243 786668 or email us at email@example.com.
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In the Chancellor of the Exchequer’s 2014 Autumn Statement George Osborne announced that under new rules surviving spouses may inherit their deceased partner’s Individual Savings Account (ISA), referred to as an Additional Permitted Subscription (APS), and... The post Bereaved savers may be paying tax unnecessarily on inherited ISA’s appeared first on George...
In the Chancellor of the Exchequer’s 2014 Autumn Statement George Osborne announced that under new rules surviving spouses may inherit their deceased partner’s Individual Savings Account (ISA), referred to as an Additional Permitted Subscription (APS), and that it may stay as an ISA, meaning that they would not pay tax on any capital gains.
However, recent figures from HMRC reveal that a low number of bereaved savers are using the APS, some four years after this took effect.
Around 150,000 married ISA savers die each year, according to estimates from the Tax Incentivised Savings Association. However in 2017-2018 only 21,000 eligible spouses used their APS entitlement, about one in seven.
In their simplest form, under APS rules the spouse or civil partner of a saver or investor who has passed away on or after 3 December 2014 is able to benefit from the value of their ISA.
Instead of inheriting the ISA itself, the partner receives an extra allowance equal to the value of the deceased partner’s ISA account at date of death.
For example if a deceased spouse had £80,000 in ISA savings, the surviving spouse would be able to invest £80,000 tax-free above their own £20,000 for a total allowance of £100,000.
Thereafter a spouse can choose to keep the money with the original ISA provider, put the money with their own ISA provider or open a new cash or stocks and shares ISA. Those who do not claim within three years from the date of death lose the entitlement.
George Ide has a strong and well established private client department and a wealth management department that is regulated by the Financial Conduct Authority. We are therefore ideally placed to assist clients in this dual capacity, with all matters relating to the APS, and provide any ongoing investment advice thereafter.
Our wealth management department was established in 1999 from the firm’s wish to provide clients with comprehensive investment advice that is professional and not influenced by third-party sale or commission considerations.
Sam Atkinson Chartered MCSI. Investment Advisor
“Again thank you for looking after my investments so well – and taking my worries away as to how to make the most of the money – which I have been so lucky to inherit” Mrs L
The post Bereaved savers may be paying tax unnecessarily on inherited ISA’s appeared first on George Ide.
If I had a pound for every client who asked whether or not they need bother with a building survey in respect of their property purchase, I would be contemplating retirement rather than writing this... The post A survey can reveal structural defects the eye overlooks – don’t buy property without one! appeared first on George...
If I had a pound for every client who asked whether or not they need bother with a building survey in respect of their property purchase, I would be contemplating retirement rather than writing this article. I always advise in favour of a survey – it will reveal defects that the legal paperwork or a physical inspection may not expose and, as such, is well worth factoring into your budget. The purchase of a dwelling is likely to be the largest investment you will ever make, so why would you not commission a survey costing a fraction of the property’s value?
Interestingly, an old report suggested four out of five property buyers did not commission a survey when purchasing, which is a staggering statistic. The excuses they cited were varied: their bank valuation would suffice; the property was brand new; it was an old house – none of which amounts to a good reason. A bank valuation is there for the protection of the bank, not the buyer, and to ensure that the bank will not be lending too much compared with the value of the property. Structural ten-year guarantees given on brand new houses are, in fact, warranties that only cover major and minor defects for the first two years; thereafter only major defects are covered. If on the other hand you are buying an old house, a survey will identify work requiring attention and give you an opportunity to reconsider your offer or even, in extremis, to walk away from the purchase.
Surveys themselves range in type from a Royal Institute of Charted Surveyors (RICS) condition report to a full structural building survey. Most buyers who decide to commission a survey choose to receive a RICS Homebuyer’s Report providing a red-amber-green ‘traffic-light’ rating, while a full structural building survey results in a tailored report highlighting the property’s defects and providing advice on repairs and maintenance. Alternatively, new-build snagging surveys will identify shoddy painting or plasterwork and sub-standard finishes.
If you are seriously considering buying a property, it is always worth commissioning a survey – how else will you find out in advance whether you are saddling yourself with the hidden cost of rectifying problems that a survey would have brought to light?
For property law information and to find out more about our efficient and cost effective residential conveyancing services, contact the George Ide team on 01243 786668 or email us at firstname.lastname@example.org
The post A survey can reveal structural defects the eye overlooks – don’t buy property without one! appeared first on George Ide.
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