News - Keystone Law

Tax - Will the anti-avoidance rule mean a simpler future? Matheu Smith looks at how a radical proposal to fundamentally change the UK taxation system moved closer in the 2012 budget and why this should be good news for taxpayers.
Overage payments in property; pitfall or windfall? Property specialist, Graham Goldspink, and tax expert Sharron Carle, look at how overage payments can be secured and tax liabilities on them minimised.
Client spotlight: Abundance Generation A pioneering "democratic finance" platform for renewable energy projects in the UK has been set up by Abundance Generation and was advised by the Keystone solicitor Simon Deane-Johns.
Third party funding reduces uncertainty in litigation costs Businesses involved in a dispute, or considering litigation, may benefit from third party funding and after-the-event insurance which protect against adverse costs in cases that lose.
Reforms to Employment Tribunals Employers may find it easier to avoid employment claims under proposed reforms to the tribunal system according to Andrew Fishleigh.
Compensation claims against new public works Planning specialist, Ben Garbett, explains how property owners and leaseholders may be entitled to claim compensation where they experience disturbance from the physical effects of public works.
Loose talk can result in outlawed adverts Media law specialist, Paul Renney, examines two recent cases ruled on by the Advertising Standards Authority and advises advertisers and their agencies to check the latest interpretation of the rules.
Breedon's 11 Ways To Finance Small Businesses Simon Deane-Johns, recently quoted in the Times regarding the £20bn National Loan Guarantee Scheme, outlines how the Breedon Taskforce promises a wealth of innovation and competition in the market for SME finance over the next few years.
Plan ahead to take advantage of the 36% rate of inheritance tax The Chancellor intends to boost charitable giving by reducing the rate of inheritance tax on estates where at least 10% is left to charity. Rose Phelps explains the practical implications of this new tax relief.
Clawing back bonuses under the FSA Remuneration Code Following Lloyds Bank's announcement that it is clawing back 2010 bonuses after the PPI scandal, Tony Watts examines the FSA remuneration code and its impact on bonus structures.
Community infrastructure levy and Section 106 agreements Planning expert Ben Garbett successfully acted for the developers of a motorway service area whose planning consent had been challenged under the Community Infrastructure Levy Regulations.
Are your land agreements anti-competitive? If your land agreements have not been reviewed and updated since April 2011, Susannah Sheppard outlines why they may no longer comply with competition law.
Client spotlight: Your Golf Travel, with special offer for clients of Keystone Law YourGolfTravel.com is offering a FREE Golf-in-a-Box to Keystone Law clients who book a golfing break with them before the end of April 2012.
Client spotlight: Intern Avenue An innovative brokerage service for interns promises to help companies attract the brightest candidates whilst making the selection process more efficient.
Book launch - Lipstick on a Pig: Why bail-outs fail and people power will succeed Simon Deane-Johns has written the first in a series of books which take a subversive and irreverent look at how the relationship between society and its institutions is changing. Lipstick on a Pig is published by Searching Finance and is available on Amazon.
Changes to enterprise investment schemes to encourage business growth Tax expert Tom Daltry explains how changes to the enterprise investment scheme (EIS) should be attractive to angel investors and why EIS, rather than Seed EIS, will continue to attract the attention of that category of investor.
ECJ draws line in the sand over ISP traffic filtering laws IP & IT specialist Oliver Smith questions the role of the ISP in fighting on-line copyright infringement.
Red tape or red faces? - Proposed changes to employment tribunals Government proposals to raise the qualifying period of employment for unfair dismissal claims from one year to two may be bad news for employers, according to David Jepps.
HMRC to combat Stamp Duty Land Tax mitigation schemes HMRC's aggressive approach to pursuing perceived underpayments of SDLT can result in discovery assessments being issued incorrectly. Karl Pocock and Matheu Smith explain the implications following a feature in the Mail on Sunday.
Time to look again at FP7 funding? With EUR 50 billion set aside for pan-European research funding in ten high tech sectors, Nick Plummer and Vicky Clark ask if UK companies should apply for funding under the EU's FP7 initiative?
Are rights of light for sale? The right to light can be acquired surprisingly easily. Magdalene Haywood explains to property developers how to avoid being held to ransom.
Liquidation Appointments Philip Jones explains that a recent case emphasises the need for insolvency office holders to take great care to ensure that their appointments are valid.
Fixed fees for tax appeals Keystone Law now offers an innovative solution to those seeking to challenge tax rulings from HMRC. Tax lawyer Matheu Smith has teamed up with Tarlochan Lall of Monckton Chambers to offer competitive fixed fees for fighting tax appeals. A two stage pricing structure has been developed and the full fees are only payable if the appeal is successful.
3 Ways to Release Cash in your Business. The right number of people, doing the right jobs, with the right skills The big question we're being asked right now is "How do you create growth in a flat market?" The answer is that you need to release cash in your business, and to do that you Go back to basics with a strong platform that's prepared for future economic growth.
Divorce with dignity via the collaborative option Few things can be as heart breaking as divorce, but the family court's new collaborative approach aims to soften the divorce process. Family lawyer, Zoe Bloom, explains how couples wishing to separate amicably can take advantage of this new approach.
Expanding into new territories - should you appoint a distributor or an agent? Agents and distributors offer a relatively low-risk, cost-effective means of expansion into new markets. Lyndsay Gough explains the legal and practical differences and the advantages and drawbacks of each relationship.
Taking an intern? With youth unemployment at an all time high, even unpaid internships are the subject of tough competition. However, warns employment lawyer David Jepps, this is not a bonanza for employers; employers need to beware.
New team focuses on funds and financial services Keystone Law is pleased to announce the launch of its Funds and Financial Services Team. New legislation and a growth in litigation has prompted us to establish team that is wholly dedicated to serving the needs of clients in this sector.
Social enterprise ecoinomy provide winning formula for businesses IT & IP solicitor, Lyndsay Gough, has been helping to launch ecoinomy, an innovative social enterprise with a compelling set of benefits for business customers: cutting costs whilst motivating staff, reducing CO2 emissions and supporting good causes.
Radio Gaga or Lady Goo Goo? Following Lady Gaga's recent court victory over Mind Candy, Oliver Smith urges companies to think twice before using parody as a marketing tool when the brand owner has deep pockets.
Navigating the planning process: reducing the risk of legal challenge High profile or contentious development projects at the planning stage will often face the threat of judicial review challenge by objectors. Ben Garbett outlines how developers can ensure that the legal risks are minimised.
Cross-border enforcement of arbitration awards Arbitration is often the preferred dispute resolution option in cross-border contracts. Nicole Smith explains the process for enforcing awards where the other party's assets are outside the United Kingdom.
Digital signatures - can they be relied upon? William Robins explains the types of electronic signature that can be used and how they are viewed by the courts.
Keystone launches healthcare team Nine Keystone lawyers have joined together to advise the healthcare and life science industries. The team has extensive experience in biotechnology and drug development, clinical trials and manufacture and supply of medicines as well as advising companies producing medical devices and equipment, research institutes and funding bodies.
FSA continues tougher stance With Financial Service Authority (FSA) fines almost tripling in the last year, Tony Watts examines recent trends in enforcement and actions, showing increasing toughness as part of the FSA's "credible deterrence" strategy.
Online harassment - how to prevent it without bankrupting yourself Oliver Smith explains the options, when your business or personal reputation is at risk through false claims posted on the internet.
Rescission - When is a contract not a contract? When there is a serious misrepresentation - Caroline Graham tells the cautionary tale of Erlson Precision Holdings Limited v Hampson Industries plc.
Changes afoot when using agency workers Using agency workers to fill staffing gaps is often thought of as a quick and easy fix. But, according to Hannah Saunders, new regulations will alter the way that agencies can supply temporary workers and the obligations for businesses that hire them.
Making planning objections count The planning system contains many potential pitfalls and Ben Garbett explains how enlisting help from a planning lawyer can tip the balance in favour of objectors when matters are decided at committee.
That’s the way the cookie crumbles Recent changes in the law relating to internet cookies mean that all businesses will need to review their websites, according to e-commerce specialist Lyndsay Gough.
The Bribery Act 2010 The Bribery Act 2010 came into force on 1 July 2011 and Jaan Larner urges all businesses to review their policies and ensure that they have adequate procedures.
Angel syndicates – who takes the lead? Angel investment can be time consuming and complex endeavour. As a result there is a growing trend for angel investors to act in a syndicate. William Robins explains how angel syndicates work and their benefits.
Flexible working - helping exit the recession Flexible working has continued to grow over the past decade. Andrew Fishleigh considers the pros and cons for employers and employees as we (hopefully) exit the recession.
Land Banking Scams – Hope for investors and advice for the virtuous Matheu Smith explains how investors caught with land banking scams may be able to recover their funds via the FSA or direct action.
Injunctions are not just for footballers – a review of options for business Celebrity injunctions have hit the headlines recently though with little explanation of their purpose and substance. Oliver Smith explains how businesses can also use injunctions to protect private and confidential information.
Team News - Keystone Hits 100 Lawyer Milestone Having experienced exceptionally strong growth during the past two years, Keystone Law has appointed its 99^th and 100^th solicitors with the recruitment of Lance Feaver and Jacqueline Brown.
Planning law update Martin Goodall reviews a plethora of planning law changes relating to regional and neighbourhood planning, concealed development and potential encouragement for economic growth.
Tackling harassment and violence by customers, suppliers or the public Sadly, there has been notable growth in employees suffering harassment or even violence in the workplace. Sonia Bhola outlines the implications for employers.
Important changes to divorce rules Divorcing couples will be required to consider mediation as an alternative to going to court, explains Zoë Bloom following the introduction of new Family Procedure Rules.
Stamp Duty Land Tax mitigation schemes under HMRC investigation HRMC is aggressively identifying and pursuing perceived shortfalls in SDLT payments. Karl Pocock and Matheu Smith explain the change of approach and how to handle an assessment.
The benefits of the transferable nil rate band of IHT Rose Phelps outlines why planned use of the transferable nil rate band is an essential inheritance tax planning consideration for all married couples and civil partnerships.
Insolvency Expenses and Floating Charges. Is my Floating Charge Worthless? Philip Jones explains that the worth of floating charge security may be diminished by administration and liquidation expenses and describes the potential effects of this.
Property challenge - Thinking outside the box Property owners, developers and tenants are advised to think ‘outside the box' when contemplating your property. Graham Goldspink highlights the pitfalls of ignoring the immediate environment of your property.
Convertible debt: a potential solution in early stage investment William Robins explains how investors and companies seeking investment can benefit from using convertible debt, a common investment structure in the US.
Can we agree on this? Revised EU and UK rules and guidance on anti-competitive agreements Elizabeth Harwick outlines how horizontal, vertical or even land agreements might be deemed anti-competitive under revised EU and UK rules and guidelines.
The three Rs: redundancy, relocation and renegotiation When reorganising employees, you need to be aware of the three R's. David Jepps explains the law relating to redundancy, relocation and renegotiation of contracts.
The King’s Speech – The lawyer’s role As The King's Speech walks away with four Oscars, Paul Renney, who advised the writer, explains how film producers go about securing the rights to the screenplay.
Additional paternity leave and pay Katy Jones outlines the new regulations for fathers who will be able to take additional paternity leave and receive additional paternity pay from April 2011.
Are they really abolishing the FSA (Part 2)? As the reorganisation of the Financial Services Authority (FSA) moves into the next phase, Tony Watts outlines the implications for the financial services sector.
Tenants have the upper hand in lease negotiations In the current tenants' market, Shayne Foley outlines the tactics available to get the best deal when entering negotiations for a new lease.
Challenging a creditor’s right to call a personal guarantee Personal Guarantees are more common now than ever and creditors can be quick to take action against a guarantor. However, not all personal guarantees are enforceable. Patrick Selley explains how you can defend a guarantee claim.
The new Bribery Act 2010 - Major change or best business practice? Tamsin Hayward discusses the impact on companies of the Bribery Act and outlines what steps companies need to take to prepare for the new law.
Is your business fit for sale? Plan well ahead if you are thinking of selling your business. Joseph Miller explains where you may need to shape up in order to be fit for sale and maximise potential proceeds.
Adverse Weather Disruption and Employment Policies If employees are unable to reach work due to adverse weather, transport strikes or other major incidents Sonia Bhola explains what employers can do to protect their businesses.
Potential benefits of releasing security Philip Jones explains how those holding security may need to consider the potential advantages of releasing it and how insolvency practitioners need to be aware of the effects of doing so.
You're hired! - Avoiding the pitfalls when recruiting Employers are becoming more aware of getting their fingers burnt when firing staff, but some still get caught out when hiring new personnel. Hannah Saunders has some tips for a smooth recruitment process.
Planning for successful arbitration When drawing up new international contracts, Nicole Smith explains how to make adequate provision for the use of arbitration in the event of a dispute.
Accidental trusts and unexpected tax bills Take care when setting up trusts, Rose Phelps outlines the common mistakes that could land you with an unexpected tax bill.
What next for planning under the coalition? With the planning system in a state of paralysis, what opportunities exist for property developers? Ben Garbett explores the current planning environment.
How to exploit competition law to your advantage Elizabeth Harwick explains how competition law can be exploited to your advantage, regardless of the size of your company, to deter your employees, competitors, customers or suppliers from acting anti-competitively; to create a level playing field; and even to identify sound business opportunities.
Do you have a complaint about another solicitor? What can you do, if you believe that you have received poor quality service or even negligent advice from a solicitor? Jill Benbow explains.
Employee Shares: Don't lose up to £900,000 in entrepreneurs' relief Failure to plan ahead to take advantage of entrepreneurs' relief could cost up to £900,000 in additional capital gains tax. Bryan Rickman explains how to ensure that your employee share schemes are tax efficient.
Back-to-basics - A guide to website terms and conditions Are you confident that your website fulfils all the legal requirements relating to e-commerce, data protection and privacy? Lyndsay Gough provides a back-to-basics guide to your legal obligations.
Termination of intellectual property licences - are you at risk? With a growing number of business insolvencies, Maureen Kelly advises how to ensure that your IP licences adequately protect your business assets in the event of termination.
Dismissals - it's not what you do but the way that you do it Even if you have good reason to dismiss an employee, your business can still be liable for unfair dismissal if you make any mistakes in the dismissal process. Phrasing the grounds for dismissal correctly as well as following procedures properly are both crucial, explains David Jepps.
Rights That Stifle Development: Reform May Be On the Way Developers beware! The rights of the landowner can dramatically delay a successful development or even stop it in its tracks. Magdalene Haywood offers light at the end of the tunnel but urges caution in the meantime.
Thinking and planning ahead - Whilst you are able Who will handle your financial affairs if you experience a debilitating accident? Rose Phelps insists that today is a healthy time to make a lasting power of attorney.
Who is liable, if you have received bad investment advice? In these unstable market conditions many investors have lost money and sometimes this has been due to negligent financial advice. Patrick Selley describes the options open to you when a financial adviser fails to take reasonable care in their advice.
"All monies" not watertight in revolving supply contracts Following a recent case of insolvency in the fashion industry, retention of title clauses may not offer adequate protection to suppliers of goods. Philip Jones explains more.
Green Claims - Are you wise to make them? Have you been making environmental or "green" claims about your products, services and your business itself. Environmental lawyer, Helen Loose, advises you to think carefully about what you say in light of the Governement's latest guidelines.
Default retirement age to be scrapped from April 2011 From April next year, employers will no longer be able to insist that staff retire at the age of 65. Katy Jones highlights the new unfair dismissal risk from older employees.
Avoiding spurious employment claims - tips for the unwary Spurious claims by serial litigants have come to plague businesses seeking to recruit for new staff but a recent case may have changed employers' tactics. Andrew Fishleigh describes how the boot may now be on the other foot.
Are they really getting rid of the FSA? Tony Watts discusses the future of the Financial Services Authority and the changes underfoot. Implementation is scheduled for 2013, but have the Government underestimated the task?