The George Ide LLP Blog specialises in providing a host of information regarding personal injury claims, what to do in the event of medical negligence, personal grievances and a wide range of other legal matters. From wills and probate to why you should consider an insurance policy, the George Ide blog is designed to provide helpful advice and insight into a number of legal situations.
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When you hear the term “Stamp Duty”, you may automatically think of Stamp Duty Land Tax, the tax you pay on the acquisition of a “land interest”, such as your house. However, this is not... The post What Is Stamp Duty? appeared first on George...
When you hear the term “Stamp Duty”, you may automatically think of Stamp Duty Land Tax, the tax you pay on the acquisition of a “land interest”, such as your house. However, this is not the case, and in fact, Stamp Duty and Stamp Duty Land Tax are two different taxes.
Stamp Duty is a tax on documents, one of these documents, which is the subject of this article, is a stock transfer form. This is the form required to transfer shares and therefore ownership, in a company. The completion of this form and the transfer of the shares triggers the stamp duty tax liability. So, for instance, if you were purchasing the shares in a company, to become a beneficial owner and shareholder, the stock transfer form (and so the purchase), will be subject to tax. The current rate for Stamp Duty on shares is a flat rate of 0.5%. Therefore, a share purchase of 100 shares at £20,000 would attract a duty of £250. The duty is payable to HMRC within 30 days of the transfer whereby, on receipt of payment and the properly executed stock transfer form, HMRC will return the latter, duly stamped. If you fail to file and pay the duty within the 30 days, then you may face penalties and interest.
The stamped stock transfer then needs to be filed with the Company to effect the change in ownership. The Company is under a duty to reject any stock transfer form which is not duly stamped. Therefore, non-payment, could prejudice your ownership of the shares.
There are however some exemptions. Certified transfers executed prior to March 2008, for less than £1,000, are exempt from Stamp Duty as well as transfers for nil consideration. In addition, if the transfer is directed following a divorce or death, the transfer is exempt. There are many other exemptions however if you find you do not fall within the scope of the same, it may be that it is possible for you to claim relief. Thus, whilst a stamp duty liability may be triggered, relief against the duty may be available, meaning that no duty is due. For instance, relief can be claimed for company reconstructions and or intra group transfers, even if consideration is paid.
We would always recommend reviewing the Stamp Duty position with your Solicitor and Accountant, prior to your acquisition, in order to be aware of your liabilities.
The pituitary gland is located in the brain behind the bridge of the nose. It is only about the size of a pea – the frontal lobe part of the brain is the biggest part... The post Post-injury pituitary gland dysfunction – symptoms can surface months or years later appeared first on George...
The pituitary gland is located in the brain behind the bridge of the nose. It is only about the size of a pea – the frontal lobe part of the brain is the biggest part of the pituitary, which controls your cognitive skills. It is therefore very vulnerable and open to damage or dysfunction. You can see how or why, when a traumatic brain injury is sustained, that the pituitary gland can be damaged in any way.
However, damage to the pituitary gland can be overlooked because of brain injury symptoms and any psychological overlay. In the early stages after brain injury, pituitary gland injury is difficult to diagnose as it is normal for a hormonal imbalance to occur. Transient abnormalities in the pituitary function are not uncommon in the acute phase after traumatic brain injury. Chronic and significant abnormalities in the pituitary function in the chronic phase are less common; because they are relatively rare, they are often overlooked.
One symptom commonly associated with pituitary dysfunction is fatigue. This would need to be addressed by a neurologist, but testing for pituitary dysfunction is straightforward, requiring only blood tests for thyroid function, cortisol and LH/FSH. If there are abnormal results then they would need to be referred to an endocrinologist.
Unfortunately, statistics are very much against women as most of the research tests have been carried out on men. This situation results in them being generally dismissed as hormone-related, and it may be that medical treatment options for women are limited – there may also be potential hormonal imbalances from the traumatic brain injury itself.
Fatigue can result from the traumatic brain injury alone, or be associated with other factors, so it is important to bear in mind and explore other causes for fatigue. It is essential that nothing is overlooked and that the injured party is given the best potential treatment options.
Post-traumatic pituitary dysfunction can have major consequences for patients physically, psychologically, and emotionally, and may reduce their quality of life, increase depression and result in a poor rehabilitation outcome.
Symptoms may not even be immediately apparent and may not surface until months or years later. Personal injury lawyers need to be vigilant of this, given the high number of missed diagnoses and this factor being overlooked.
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Many of us will be following the heroics of the England rugby team and wishing them well for Saturday’s final – but rugby, as a full contact sport involving heavy body collisions between two or... The post Tackling Consent To Sporting Injuries appeared first on George...
Many of us will be following the heroics of the England rugby team and wishing them well for Saturday’s final – but rugby, as a full contact sport involving heavy body collisions between two or more players, often results in serious injury to amateur and professional players alike.
It is widely accepted that, by participating in a game, rugby players accept a certain risk of injury and, in so doing, give their consent. But is there is a limit to consent given in this way, and what happens when an injury is the result of a negligent act?
All injuries are likely to be fact-specific but, using high tackles as an example, the rules of the game have evolved over the past decade in an attempt to reduce the number of accidents. Current rules state that a player must not tackle an opponent above the line of their shoulders, even if the tackle starts below that line. In 2016, the Rugby Football Union went further, confirming that a player is deemed to have made reckless contact during a tackle if the player knew, or should have known, there was a risk of making contact with an opponent’s head or neck – an offending player can expect a red or yellow card as the consequence of such action. This type of ‘illegal’ tackle often results in concussion and, although the number of reported concussion cases has fallen in recent seasons, more should be done to ensure the safety of every player.
Given the rules of the modern game and the significant emphasis they place on reducing the incidence of high tackles, perhaps it should be accepted that a player has not necessarily consented to an injury resulting from an illegal manoeuvre. While it is for the courts to judge each case on its merits, if the player making the injurious tackle knew, or ought to have known, that their tackle could result in contact with an opponent’s head or neck and therefore potentially cause injury, then the tackle was reckless – possibly even negligent.
For experienced professionals and beginners alike, player safety is paramount. It is imperative that every club plays their part by ensuring all those who participate in the game know the rules inside-out.
Our prime concern, as personal injury lawyers, is the wellbeing and quality of life of our injured clients and their families. An important aspect of this is empowering those with a life-changing injury to feel... The post Accident compensation claims – it is vital to count the true cost of care for life after personal injury appeared first on George...
Our prime concern, as personal injury lawyers, is the wellbeing and quality of life of our injured clients and their families. An important aspect of this is empowering those with a life-changing injury to feel in charge of their own journey to rebuilding their lives through rehabilitation and with other professional help. We use the legal process, wherever possible, to secure funding from the negligent party’s insurance company to cover all reasonable needs and losses.
There is a saying that carers should be carers, and family be family. The law recognises the right of an injured person or their family to choose whether care, help and support is best provided by loved ones or by paid carers, support workers and personal assistants. For those whose lives have been turned upside-down, it is not appropriate to feel dictated to about what should best be done to maximise their quality of life. The purpose of personal injury compensation is, as far as possible, to put the injured person and their family in the same position as if the injury had not occurred.
In cases involving life-changing injury, it is vitally important to recognise and quantify all the care and help that has been provided and that will be or may be required in the future. Care costs can be an extremely valuable part of personal injury compensation. Unpaid help provided by loved ones and friends is termed gratuitous care, and can be recovered at an hourly rate of £6-£8, or by reference to loss of earnings.
In order to value care and assistance properly, the key question to ask is: What is required to meet reasonable needs for life? In respect of paid professional help, there is no need to opt for the least-cost option – provided it can be shown that the proposed care is reasonable, it does not matter that there may be cheaper alternatives.
When judges award compensation for care, they approach matters on the basis that quality of life is key; they tend to regard as reasonable an injured person’s desire to lead as normal a life as possible and to preserve an individual’s freedom of choice and autonomy. It is unreasonable to deprive someone of the ability to do things or go places. Judges understand that merely providing enough to survive is not enough. Judges tend to be sympathetic and understanding in cases of genuine need.
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The knotty subject of Japanese knotweed has been featured in this column before, from a variety of perspectives – it is a minefield for the seller of a property. If you have the plant, you... The post Selling your property? Answer Japanese knotweed enquires with care… appeared first on George...
The knotty subject of Japanese knotweed has been featured in this column before, from a variety of perspectives – it is a minefield for the seller of a property. If you have the plant, you are obliged to tell your buyer. If you do, they will more than likely pull out of the deal and your property will be blighted.
The problem is that many of us simply would not recognise what is lurking in the unkempt far corner of our garden. Could it be Japanese knotweed? Could it be giant knotweed, or another hybrid altogether? Should you check, or just keep your fingers crossed?
The Law Society Property Information Form (LSPIF) provides three options as acceptable answers to the question of whether a property is affected by Japanese knotweed: yes, no, or not known. Clearly, if you are aware of the plant’s existence, the answer you are required to give is obvious. But can you be sure? Is it safe to answer no? What happens if Japanese knotweed is later found in your garden? You may be accused of misrepresentation.
Over time, conveyancers have developed procedures, including the preamble in the LSPIF advising sellers they are not expected to have expert knowledge of legal or technical matters, and warning buyers that, while they are entitled to rely on the replies given to the enquiries in relation to the physical condition of the property, these replies should not be treated as a substitute for undertaking their own survey or making their own independent enquiries, which buyers are recommended to do.
Some solicitors even send a covering letter stating that, while all enquiries at any time during a transaction are given in good faith, it is not implied that the seller’s solicitor has carried out any investigation or made any enquiry before giving any reply. Furthermore, they state that a buyer shall, by virtue of their proceedings, not seek to claim reliance based upon such implied investigation or enquiry, and will be deemed to have checked any replies.
Overall, it is an area fraught with risk, for sellers and buyers alike. If, as a seller, you are in any doubt you would be well-advised to seek professional legal guidance as to how to answer; if you are a buyer, why not commission your own Knotweed survey?
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Anyone who has applied for a grant of probate will know the original will must be sent to the probate registry – but what happens if the original will cannot be found? If a copy... The post Applying for grant of probate – all is not lost with a lost will appeared first on George...
Anyone who has applied for a grant of probate will know the original will must be sent to the probate registry – but what happens if the original will cannot be found?
If a copy of the original will exists, providing certain criteria are met it may be possible to obtain a grant of probate using that copy. It will be necessary to obtain a court order from the probate registry granting a personal representative permission to ‘prove’ a copy of the will rather than the original document. Certain evidence will be required in order to secure the appropriate order and this will usually be provided to the court in the form of a sworn affidavit.
The person applying for the grant, usually an executor appointed in the original will, must show they have done all they can to locate the original will such as conducting extensive searches and enquiries. The evidence required will depend upon the circumstances of the particular case. The probate registry will need to be satisfied that the testator (the person who made the original will) had not intended to revoke it and wanted its terms to take effect on their death.
When someone dies without a will they are said to have died ‘intestate’ and the rules of intestacy dictate who receives their estate. Therefore, before granting an order to prove a copy will, the probate registry is likely to require the consent of individuals who stand to benefit under the intestacy rules, or under the terms of a previous will. This is because these individuals would inherit the estate if permission to prove the copy will is refused.
Once a grant of probate has been obtained on the basis of the copy will, the executor can proceed to administer the estate in accordance with its terms.
Although the potential to prove a copy will could offer a solution if a will has been lost, this may not always be the case, especially if a copy of the original will does not exist. Ensuring your will is stored securely and informing your executors of its whereabouts will hopefully mean they will not need to undertake such a procedure when administering your estate.
At George Ide we register all the wills we write free of charge on the Certainty Will Register to avoid this problem. For more information contact the team on 01243 786668 or email us at firstname.lastname@example.org.
Siobhan Richards. Solicitor, Private Client department.
The post Applying for grant of probate – all is not lost with a lost will appeared first on George Ide.
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