Pre-Nuptial agreements get Court of Appeal backing

It is not often that one can see a major developments of divorce law happening before one’s eyes. The decision of the Court of Appeal upholding a pre-nuptial agreement in Radmacher (formerly Granatino) v Granatino [2009] EWCA Civ 649; [2009] WLR (D) 227 will no doubt be distinguishable from others on the facts. Their Lordships’ careful analysis of the development of the law will, however, be persuasive in favour of enforcing (or, at least, giving serious weight to) ante-nuptial agreements for a wider range of future cases.

The case involved a marriage between German and French nationals. The wide, who was from a wealthy family, argued that an ante-nuptial agreement prevented the husband from claiming against her fortune. The judge had appeared to consider the pre-nuptial agreement as a factor but had given it insufficient weight, and the resulting exercise of her discretion under s25 of the Matrimonial Causes Act 1973 was wrong as a result.

Ambrose Appelbe profiled in The Lawyer

The readership of The Lawyer is almost exclusively other lawyers, so you may have missed this week’s edition which carries an article about the firm following an interview with Senior Partner Lisa Bolgar Smith.

The article made the point that two areas of the firm’s work have been boosted by the recession – matrimonial arguments over diminishing assets and disputes derived from bonus and profit-sharing arrangements. Trust and probate work remains active, as has work for the many charities with which Ambrose Appelbe is involved.

If the breadth of the firm’s work is one of the benefits which is helping it through harsh economic times, the other is the loyalty of a client base which includes families whose connection with the firm goes back many years and through several generations.

A third, perhaps (in slight contradiction to the article’s closing words about the “London set”) is that the firm’s feet are set as firmly in the country as in London, reinforced by having an office in Gloucestershire. Nor is its scope limited to the UK – membership of EuréseaU, the international group of law firms, brings overseas work and work for UK clients with foreign interests.

If you would like to know more abut the firm and how it might help you, contact Lisa Bolgar Smith on 020 7242 7000.

Lincoln’s Inn under snow

The photograph shows Lincoln’s Inn under the heavy snow which fell last week.

There are more photographs here.

Home

Disability discrimination – need to make reasonable adjustments

Employment legislation, is supposed to provide a relatively straightforward set of remedies for employees. As a corollary to that, it ought to be clear to employers and would-be employers what requirements govern the  relationship between employer and employee. Where it becomes necessary for the Employment Appeal Tribunal to overturn the finding of an Employment Tribunal by deciding that the word “and” imposed cumulative and not alternative requirements, then it is no wonder than employers – and Tribunals – occasionally err.

Public Guardian reviews Mental Capacity Act

All older people should consider having an Enduring Power of Attorney despite the hurdles which the Government has erected to make it harder and more expensive to register them. The Government has at last bowed to pressure to make it simpler and cheaper

Ambrose Appelbe was one of the many firms of solicitors who protested when the old Enduring Power of Attorney was replaced with the much more comprehensive Lasting Power of Attorney. The criticism was not of the Government’s overall intentions in the Mental Capacity Act of 2005– the wider range of circumstances covered by the new Enduring Power was welcome, as was the ability to distinguish between different circumstances – financial, medical and so on – and so to fine-tune the decisions which people could make about a future in which they may not be able to make decisions for themselves.

Another member of Solicitors for the Elderly

Lucie Sleeman has passed the exams to be accepted as a member of Solicitors for the Elderly. She joins Felix Appelbe and Helen Freely who are already members.

Membership provides clients with the assurance that a firm has wide-ranging experience in dealing with the issues which arise in providing legal services for older people. There is more information about Ambrose Appelbe’s work for older people on our web site.

Home

Family department rated in Legal 500 again

Ambrose Appelbe’s Divorce and Family Department has again appeared in the Legal 500 rankings in the Private Client / Family category.

The significance of the Legal 500 is that its ratings are derived from what others say – the views of barristers, clients and other firms are taken into account.

Department Head Lisa Bolgar Smith said “We are very pleased that our work has again been recognised in the Legal 500, particularly as this reflects what others say about us. This is a tribute to everyone in the department and not just the partners.”

To find out more about our how we help our clients, please look at our web site or contact Lisa Bolgar Smith on 020 7242 7000 or use the contact form.

Home

The risk with out-of-date Wills

If your circumstances have changed recently, because you have moved house, or had children or acquired new assets, these changes may not be catered for by a Will which was made a few years ago. This brings the risk that parts of your estate may not pass to the family and friends you wish your property to go to.

According to new research by the Law Society, 84% of 25-34 year olds do not have an up-to-date Will, and this is a period in life where many changes occur. Andrew Holroyd, President of the Law Society says: “Many people in that age bracket are likely to have bought a home in the last few years. That is a large asset that should be accounted for in the will. The research, however, would suggest that this is not being done.” The worst offenders in the country are in London, where 69% of the respondents didn’t know if they have an up-to-date Will.

Disclosure of house-buying incentives

If you are borrowing on mortgage to buy a new-build property or a renovated property, a new “disclosure of incentives form” will be required from 1 September 2008.

Changes bought in by the Council of Mortgage Lenders aim to ensure that valuations accurately capture the value of newly-built homes. The changes place new requirements on borrowers, estate agents and conveyancing solicitors. There is more information about this on the CLM web site.

If assistance is required in connection with this or any other aspect of property purchase, please speak to Leesa Glenwright, Andrew Penfold or Felix Appelbe on 020 7242 7000.

Subject Access Requests in employment disputes

It is worth bearing in mind that an employee in dispute with his or her employer (or, indeed any employee) is entitled to ask the employer for all information held about the employee. A Subject Access Request under S7 of the Data Protection Act 1998 (DPA) may well flush out information which is useful in a pending employment dispute.

There are exemptions relating to confidential information, to references to third parties, and to information which is privileged. The employer is entitled to negotiate with the requesting party as to what is to be provided, and it is important to frame the Request in a way which will get the maximum useful information from, say, the employee’s personnel file without giving rise to delay as a result of arguments over exemptions on which the empoyer is entitled to rely.

Once the precise terms of the request have been negotiated, and the statutory fee of £10 is paid, the data controller has 40 days in which to supply the information.

Please contact Andrew Penfold or Felix Appelbe on 020 7242 7000 for advice on this or any other aspect of negotiations with an employer.

Home

The nil rate band discretionary trusts

You may be thinking that Nil Rate Band Discretionary Trust Wills are no longer necessary in the light of the new Inheritance Tax rules which allow a spouse or civil partner to transfer the unused nil rate band to the surviving spouse or civil partner.

You would be right to think that they are used much less since the introduction of the new rules, because surviving spouses or civil partners now have the benefit of two nil rate bands to give away free of Inheritance Tax on their death.

However, here are some advantages of Nil Rate Band Discretionary Trust Wills that you may not have considered:-

Divorce and farming

Divorce has serious enough consequences in any family, but its effect on those who run a family farm can be particularly serious because of arguments over the future ownership of a large amount of illiquid assets tied up in the land.

Many farmers are asset-rich yet cash-poor, and having to pay out a spouse can very often lead to the splitting up and the sale of the farm. Along with death and debt, divorce accounts for a high proportion of farm sales.

Credit Crunch and Compromise Agreements

The impact of the credit crunch over the last six months has made employment prospects bleaker for many and, in particular, for those in the financial services sector, retailing and construction.

Employees are far less certain that their job will be there next week, let alone next month, with redundancies forecast particularly in the financial sector in the City, not least for employees of various large banks.

If you are an employee facing redundancy, whether as a result of your occupation being affected by the downturn in the housing market, or through cost-cutting exercises being undertaken at your employer, and want to know more about your position as an employee, do contact us.

The context in which we often get involved is in relation to a compromise agreement offered by the employer. It usually makes more sense to reach an agreement on such a basis, but some care must be taken as to the precise terms. The employer’s opening position is not necessarily either the best they can do nor always drafted with proper regard to the employee’s overall position.

There is an article about employment compromise agreements on our web site.

Please contact Andrew Penfold or Felix Appelbe on 020 7242 7000.

Home

The Solicitors’ Assistance Scheme

Lisa Bolgar Smith and Felix Appelbe of Ambrose Appelbe are both panel members of the Solicitors Assistance Scheme. The SAS was set up in 1972 to provide a place where experienced solicitors could offer guidance and support to colleagues in difficulties.

This covers such things as disciplinary matters, parnership problems and financial worries, with advice in connection with interventions, the solicitors’ disciplinary tribunal and issues with the solicitors’ accounts rules.

We are doing a lot of disciplinary tribunal work at the moment. This kind of problem in professional lives – the intrusion of judicial or quasi-judicial intervention into private lives – mirrors in many ways the matrimonial disputes which we deal with every day, and needs the same kind of skills.

You can get help from the SAS either by ringing its confidential helpline 0207 117 8811 or by contacting Lisa Bolgar Smith or Felix Appelbe direct on 020 7242 7000.

Home