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Tis the season of goodwill…

Many of you will have now finished your Christmas shopping and will be looking forward to the Christmas break. Tax planning, and making gifts on behalf of family members for whom you hold a power of attorney, will understandably not be at the forefront of most people’s minds at this...

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Substantial compensation award for brachial plexus injury

Clarke Willmott oversees a successful brachial plexus claim Lee Hart, Head of Clarke Willmott’s Serious Injury team recently concluded a claim for compensation, recovering just under £1.5m for Mrs W who sustained a life changing injury in a road traffic collision. Circumstance of the accident Mrs W was on her...

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Cerebral palsy claim settled to secure quality of life

Negligence at birth contributed to permanent disabilities Gemma Osgood, Senior Associate of our Medical Negligence team has recently agreed settlement of a cerebral palsy claim for a family in Oxfordshire. Baby F was born at just over 30 weeks gestation. Prior to his birth his mother attended Banbury Hospital and...

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Farming tragedy

A recent tragic case has once again highlighted the importance of maintaining good health and safety practices on farms. This week, Neil Carpenter, a farmer from North Devon, was jailed for 4.5 years after being convicted of manslaughter and breaching the Health and Safety at Work etc. Act 1974 (“the...

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Berkeley Burke loses high profile judicial review

Berkeley Burke held accountable for failing to carry out appropriate due diligence In 2014 the Financial Ombudsman Service (“FOS”) held Berkeley Burke accountable for failing to carry out appropriate due diligence in relation to an investment made by Wayne Charlton. Berkeley Burke was the Self Invested Personal Pension (‘SIPP’) provider...

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A new weapon for landowners against unknown trespassers

Vastint Leeds BV v Persons Unknown For developers, trespass and illegal entry onto development sites is an ever-present difficulty; trying to keep land secure and free of people and/or rubbish can be a very expensive uphill struggle. Hiring security firms, erecting perimeter fencing and purchasing security cameras can be costly...

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Inheritance tax planning and lasting powers of attorney

“the concept of best interests is not limited to self-interest” A property and finance lasting power of attorney (LPA) confers extensive powers on the attorney to deal with the financial affairs of the person granting the LPA (the donor). However, the attorney’s power to make gifts from the donor’s property...

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Dr Hadiza Bawa-Garba and Gross Negligence Manslaughter

A time for reflection, a need to re-focus It is hard to believe that almost 3 years have passed since we began to look at the influx of gross negligence manslaughter cases being brought against doctors. 2015 saw prosecutions brought against Optometrist Honey Rose, Anaesthetist Errol Cornish and, most notably,...

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The importance of domicile

“Residence without intention or intention without residence will not do to establish a domicile of choice”. In English law domicile is a vitally important concept which can have important ramifications affecting the succession of assets, tax liabilities and whether an individual is entitled to pursue certain proceedings in the English...

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Rare victory for the taxpayer in holiday accommodation tax case

First Tier Tribunal rules on “unique venue” It is said that the determination of whether or not a particular business is wholly or mainly an investment business, and thus whether or not it qualifies for business property relief from inheritance tax (IHT), generates more litigation than any other area of...

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