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We regularly write about different legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch.

Latest Posts

Non Disclosure - the facts behind the headlines

Susan Mayall
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Non-disclosure agreements have been in the news recently after claims that they have become mere gagging orders for undesirable workplace practices. They were initially designed to prevent staff sharing trade secrets if they changed jobs and form part of an...

April Market Commentary

Richard Eastwood
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Introduction We have commented before on the difficulty of ‘hitting a moving target.’ Sometimes in writing this commentary you run the risk of what you write being overtaken by events, and that has never been more true than this month. In the...

Alleviating your inheritance tax bill shouldn't be a worry

Sarah Finnigan
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Inheritance tax (IHT) can be an incredibly punitive tax on your estate. However, by making the right choices, you can vastly reduce the amount of your estate liable for IHT. While other tax free allowances, such as the ISA allowance, have risen in recent...

How safe are your savings?

Jonathan Beardmore
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With your capital tucked away in savings accounts, investments and mortgages, you’d assume that there is some kind of protection in place. But exactly how safe are your savings in the event of, for example, an authorised financial services firm going...

Is it time to cut out the jargon from pensions?

Simon Taylor
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People simply aren’t saving enough into their pension funds. Despite the relative success of the auto-enrolment rollout and the increase of minimum contributions from 5% to 8%, there’s still a culture of misunderstanding surrounding pensions....

Undocumented Inheritance Promises Receive Greater Recognition in the Courts

Laura Pracy
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Can verbal promises be expected in Law in an inheritance situation? The answer is: sometimes The recent case of Thompson v Thompson (2018) highlighted the increasing frequency with which families end up in court over undocumented promises. These...

An End to the Blame Game in Divorce

Lucinda McWatt
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‘No blame’ divorce is now to become law making it easier for couples to split. The Justice Secretary has announced changes to the 50-year-old divorce laws meaning divorcing couples no longer have to blame each other for the breakdown of their...

Debt Can Impact Your Business

Asa Cocker
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Get your business working smarter at the start of this financial year by making sure late payment does not affect your bottom line. Late payment of business debts can have an adverse effect on companies and with almost 115,000 businesses waiting up to...

Can a Will be disputed? A recent decision from the courts

Laura Pracy
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The Courts are generally reluctant to overturn a Will and the threshold to disputing the validity of a Will is particularly high. When a Will is made the most common reasons for contesting a Will are a claim of lack of testamentary capacity or a claim...

Pensions, Divorce and Death

Lucinda McWatt
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It’s a complicated state of affairs when an ex partner dies and pensions are brought into the equation – who benefits from the pension - the ex wife or the new wife? If the deceased has made a new Will after his second marriage and left...

Conveyancers 'too close' close to developers, MPs claim

Victoria Marshall
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Conveyancers 'too close' to developers, MPs claim   MPs are claiming that Leaseholders, who are too cosy with developers, are instructing conveyancing solicitors to act on their behalf by offering incentives. A report published recently by...

Stepping out for Cancer

Jacqueline White
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Four ladies from our Ashton office have been stepping out each day in order to raise funds for Cancer Research UK. Sue Shears, Lisa Anderson, Jacqui White and Denise Curzon have committed to walking 10 000 steps a day as part of the Walking all over...

New Powers to Investigate Stillbirths

Jacqueline White
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Bereaved parents who suffer a stillbirth would gain answers from an independent inquest into their baby’s death under plans to improve the way such tragedies are investigated. The move has been welcomed by professionals and our team of solicitors who...

Compensation for Nursing Claims on the Rise

Kenneth Lees
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A record number of medical negligence compensation claims succeeded last year costing the NHS almost £120 million and nursing claims amount to just over £24 million of that bill. Whilst the majority of medical negligence claims are taken out...

Probate Changes Could Affect Families from April this Year

Hannah Pearson
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April sees a change in probate rules with fees of up to £6,000 now payable on estates for the first time. The fee would only be applied to estates worth more than £50,000, unlike the current system which is charged on all estates above...

March Market Commentary

Richard Eastwood
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Introduction February was another month when all the important news seem to happen in the last week of the month. President Trump delivered the annual State of the Union address on February 6th and announced a second meeting with North Korea’s Kim...

AE policy adds pensions for 10 million workers

Jonathan Beardmore
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The Department for Work and Pensions has hit its target of bringing 10 million workers into occupational pensions, a year ahead of schedule. To give that figure a sense of perspective, 10 million is pretty much the entire population of Sweden. The final...

A snapshot of average weekly household spending

Richard Eastwood
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In January, the Office for National Statistics (ONS) released their latest Family Spending Survey, revealing the intimate details of British spending habits. In its 61st year, the report provides an insight into family spending habits, as well as showing how...

What is a partial transfer?

Simon Taylor
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You may have a defined benefit pension and be aware of pension transfers but not have heard of partial transfers. A partial transfer is a pension option that allows you to cash in a portion of your retirement fund, while still retaining the rest as a...

Bringing Commercial Property Expertise to Oldham

Ben Tatters
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A new commercial property solicitor has joined the team at Pearson Solicitors and Financial Advisers - Ben Tatters who has 18 years’ experience is joining the well-established commercial team at the Oldham firm. He has a wealth of knowledge dealing...

GDPR - one year on it's not just all about emails

Ruth Smith
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What have the changes, if anything been for businesses – we look at what has happened in the past 12 months and what you might have to plan for the future It’s been almost 12 months since businesses were all panicking about GDPR, here is Q &...

Women are Empowered in 100 year Anniversary

Joanne Ormston
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2019 is a landmark year for female lawyers as it’s 100 years since the Sex Disqualification (Removal) Act was passed and what better time to recognise this than this Friday International Women’s Day (March 8th) This paved the way for women to...

Can I Pursue a Legal Claim for Negligent Financial Advice?

Aaron Marshall
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When managing wealth, employing a qualified financial adviser is key - however, despite their professional status they are not immune from making mistakes. If you've been given incorrect financial advice you should be prepared to seek out...

Spring Property Moves

Victoria Marshall
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Spring is always a busy time for making changes, it’s when houses go on the market with daffodils in the garden and a range of bank holidays to take advantage of a long weekend to unpack. At Pearson Solicitors we have a new solicitor joining our team...

When TUPE transfers become personal it can lead to Tribunal

Susan Mayall
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In a ' TUPE transfer ', can a dismissal for purely 'personal' reasons, e.g. arising from a poor working relationship with a colleague, prevent a dismissal from being automatically unfair for being related to a transfer? No said a recent...

EPAs, LPAs & Wills - making sense of what you need to do

Joanne Jones
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Do you have an Enduring Power of Attorney (EPA) which was set up some time ago? Well the time may have come to relook at that legal document, particularly as EPAs were replaced with the property and financial affairs Lasting Power of Attorney (LPA) in...

Solicitor Negligence: What You Need to Know

Aaron Marshall
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Every professional must operate to a reasonable industry standard; solicitors are no exception. If you have entered into a contract with a solicitor or if a solicitor has simply assumed responsibility for providing you with advice which you have chosen to...

Divorce and What To Do with The family Money

Richard Eastwood
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When talking about divorce it’s never long before pensions, finances and how much the whole process costs comes into the conversation. There has been the usual spike in January divorces once again, not least the richest man in the world Jeff Bezos of...

No Fault Divorce to become the Law

Lucinda McWatt
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No fault divorce for separating couples are going to be introduced into the law. In the next session in parliament the justice secretary David Gauke has confirmed he will bring in the legislation enacting the reform.  This will mean that couples...

How Tickled I Am to Have Avoided Tax

Joanne Jones
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Comedian and funny man Ken Dodd had the last laugh last year when he married his long term partner on his deathbed, thus avoiding Inheritance Tax and with probate on his estate just granted his Will and £27.5m fortune is now public. Whilst...

Ski and Snowboarding Accident Claims

Lisa Anderson
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It’s that time of year when ski and snowboarding holidays can end in disaster and a claim for compensation and consequential losses. Whilst the vast majority of ski trips end in happy memories and fantastic photographs sadly some of them do end in...

What does the disclosure of investment charges mean under Mifid II?

Jonathan Beardmore
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Mifid II came into effect over a year ago on 3 January 2018. It’s an acronym for Markets in Financial Instruments Directive 2 and, at over 30,000 pages, it’s far from a bit of light reading. Mifid II was designed to offer more protection for...

February Market Commentary

Richard Eastwood
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Introduction The story of the US/China trade dispute was a thread running through much of last year. Some progress was made in resolving the dispute at December’s G20 summit and that appeared to continue in January with China saying it is...

Savers turning to watchdogs in the fight against pension scammers

Simon Taylor
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For those who want to stay safe from the efforts of pension scammers, help is out there. It’s just as well because such help is in high demand. Between August and October alone last year, the Financial Conduct Authority’s (FCA) ScamSmart website...

Converting a Help to Buy ISA to a Lifetime ISA

Richard Eastwood
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With help-to-buy ISAs being phased out on 30th November 2019, many people are considering transferring their funds into a Lifetime ISA. You’ll still be able to access existing help-to-buy accounts until 30th November 2029, but it’s worth knowing...

Charities to be Alerted of Legacies in Wills

Joanne Jones
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A new system alerting charities to when they have been left money in wills is to be established by HM Courts and Tribunals Service (HMCTS) following a decision to end its current arrangement. This has been welcomed by many in the charity sector who are...

Directors' Duties - The do's and don'ts

Niki Polymeridou
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  As a company director you are responsible for the day-to-day running of the business and accountable for its success or failure. According to the Companies Act 2006 (CA 2006) there are seven specific duties you need to observe: to act within...

Company car in Speeding Allegation

Andrew Murray
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We acted recently for a business who had a series of company cars, one of which was involved in a speeding incident.  The notice to prosecute came in the post addressed to the business, as it would if you were caught out speeding in your own car. Like...

Drafting prenuptial agreements before the Wedding Day

Lucinda McWatt
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Consideration of financial or prenuptial agreements before setting out on a life together can be essential if you are marrying into wealth. As we see in the news recently the founder of Amazon Jeff Bezos announces his pending divorce to wife MacKenzie of...

Clear the frost to help avoid a Road Traffic Accident

Lisa Anderson
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As the cold weather drops and frost and snow are forecasted this week here’s a timely reminder to be safe on the roads. Driving in the winter is different to other times of the year – with icy windscreens, adverse weather and longer periods of...

Been burnt by a Fraudulent Property Transaction?

Aaron Marshall
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Identity Fraud has been in the headlines recently and can be a real problem.  A recent case is exemplified below. On 15 May 2018, the Court of Appeal handed down its decision in a case called (1) P&P Property Ltd v Owen White & Catlin LLP and...

Start 2019 with your Finances in Order

Joanne Jones
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If you’re looking at getting your finances in order this New Year it is important to consider making Lasting Powers of Attorney (LPAs) – these are legal documents that allow you to nominate people you trust to make decisions for you, should you...

Responsibility of disabled employees in the workplace to declare impairments

Susan Mayall
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Recent research shows that 1 in 5 UK workers attempt to hide their disability from their employer. The same study shows that over half of disabled people feel that their disability is putting them at risk of losing their job. In the current landscape, it...

High Court rules Cohabitants entitled to challenge their late Partner's estate

Laura Pracy
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In the case of Thompson v Ragget (2018) EWHC 688 Ch, the High court ruled in favour of an unmarried woman who had been left out of her partner’s £1.5m estate. The distribution of an estate, either under the terms of a Will or pursuant to the ...

January Market Commentary

Richard Eastwood
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A quiet wind down to Christmas? Everyone leaving their offices early and not much happening in the second half of the month? Nothing could be further from the truth: December was one of the most eventful months of the year and while there was some good...

How will equity release affect my family?

Simon Taylor
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The choice of whether or not to release equity from your home ultimately rests with you. However, the decision will have wide reaching consequences for your family. It’s sensible, before releasing equity, to see a financial adviser who will explain the...

Inheritance Tax - Could there be a better alternative?

Sarah Finnigan
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Inheritance tax is enormously unpopular to say the least. A YouGov poll found that 59% of the public deemed it unfair, making it the least popular of Britain’s 11 major taxes. What’s more, the tax has a limited revenue raising ability, with the...

The ban on pensions cold-calling is finally coming into force

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From January 9 2019, the cold-calling of savers about anything to do with their pensions will become illegal. The new law doesn’t just cover phone calls. Any unsolicited emails or text messages about your pension will also be illegal. As it stands,...

Filing online - Divorce, the easy way?

Lucinda McWatt
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FILING PAPERS ONLINE - DIVORCE, THE EASY WAY? Whilst the rest of us were tucking into Christmas Dinner 13 people were filing for a divorce to online service of HM Courts and Tribunals.  The official figures show that this rose to 77 people completing...

Contesting a Will: Does a Will need to be signed?

Laura Pracy
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For a Will to be validly recognised in England and Wales, it must be signed in front of two independent witnesses, who print and sign their names, this aids when resolving probate disputes . While this requirement has been a long-recognised rule of the law,...