News

16.05.2012 - ACT NOW to recover wrongly paid nursing care feesIf your loved one was in receipt of nursing care between 1 April 2004 and 31 March 2012, and was never assessed for full NHS funding, ensure an assessment is undertaken before it is too late. More

04.05.2012 - Retirement at 65Is it legal these days to retire someone at 65? That is the question employment lawyers have been ducking since the rules changed last year and senior citizens were given full protection from age discrimination on retirement. In theory compulsory retirement was still allowed where it could be justified by the employer, but when would that be? More

April 2012 - Mediation - 12 months onIt is now a year since the Courts introduced a procedure which means that anyone who wants to go to Court in any Family Proceedings, i.e. children matters or financial matters on the breakdown of a marriage or relationship, have to consider whether mediation may be an appropriate way to resolve the issues. More

30.04.2012 - Wolferstans Commercial Department Newsletter - April 12Welcome to our Newsletter; if we can help on any of the issues raised please do not hesitate to contact us. More

22.04.2012 - UnquenchableA great adjective when applied to, for instance, the spirit of the Cornish Pirates Rugby Team, but of less attraction when one discovers that the word asbestos is derived from the Greek for unquenchable, a word that certainly describes the pernicious and lasting material which is known as asbestos. More

26.04.2012 - Services - Should the Landlord Charge VAT?In general, rents on property are exempt supplies for VAT purposes. However, a landlord often supplies other services to tenants, such as cleaning and maintenance. These services are usually subject to VAT. When supplies of a VATable and a non-VATable nature are made as a single supply, the general rule is that the VAT treatment of the larger supply (usually the rent in these cases) dictates the VAT treatment of the whole. More

30.04.2012 - Breach of Planning Permission Negates Commencement of DevelopmentWhen a developer sought to make use of a 37-year-old planning permission because it had commenced building work within five years of the permission being granted, the Court of Appeal was unimpressed. More

30.04.2012 - Unpaid Invoice Does Not Prevent Break NoticeThe exercise of a break clause in a lease is an action that can have many pitfalls and should always be undertaken with timely professional advice. When a tenant wishes to exercise its right to break a lease, it is important to ensure that there is no breach of the lease terms that can allow the landlord the right to refuse the tenants application. More

27.04.2012 - Breaches of Rights of AccessWhen a landowner has land with an easement over it (i.e. others have the right to pass over the land) and the easement is abused by one of the people with that right, what can the landowner do? More

26.04.2012 - Evidence Neglected Not Good Reason for New HearingWhen Bristol City Council wished to redevelop parts of the city centre, it was necessary to compulsorily purchase many properties, one of which was an 18-storey office block. This was taken into possession by the Council and demolished. More

23.04.12 - Late Registration of Title Means BattleA recent case dealt with the thankfully rare circumstance of someone buying a property without knowing that the vendor is a bankrupt. More

30.04.2012 - Property Manager Fined for Failing to Manage AsbestosA property manager from Cardiff has been fined for failing to comply with the duty to manage the risks from asbestos at premises on the Penygraig Industrial Estate, Rhondda. More

27.04.2012 - Partner or Employee?The concept of partnership is, in theory, simple. A partnership is an undertaking carried on with a view to profit in which the partners share profits and losses. Regrettably, in reality, things are often not so straightforward and the existence of arrangements such as the salaried partnership means that disputes about whether someone is a real partner or not are legion. More

13.04.2012 - MIRROR, SIGNAL, MANOEUVRE!If only it was that simple! Accidents do not just happen to other people. If you have been involved in a road traffic accident, which was not your fault, you will appreciate the time, inconvenience and annoyance it can cause! If you were a passenger injured in an accident, how do you obtain the best advice regarding your injuries? More

12.04.2012 - Coach Chris helps law firm staff get on trackA TOP athletics coach is helping a city law firm, who are celebrating their 200th anniversary, get on track for the Plymouth Half Marathon. Chris Menlove-Platt is mentoring a team of runners from Wolferstans ahead of the 13.1mile run on June 3. More