An Overview of the Law During the Recession

GEOFF KEW’S BLOG

I have decided to write a regular blog for the website which I hope will be of interest to you and our Clients and will keep you posted on what’s happening in our practice and the legal world in general.

Employment Law
Not surprisingly due to the recession we have seen a considerable increase in Clients requiring legal advice in relation to redundancy or unfair dismissal and discrimination.  Following redundancy many employees are asked to sign Compromise Agreements, sometimes known as Severance Agreements.  These have to be signed off by a Solicitor and recently we have been providing a great deal of legal advice in this area.  It is always worth checking with us first before agreeing on the terms of a redundancy package to make sure you are being offered everything you are entitled to.

Matrimonial & Divorce
It is a sad fact that during an economic downturn we see a considerable increase not only in redundancies, debt and insolvency, but also family breakdown.  Our family law department is very busy at the moment.  One of our Partners is a trained Collaborative Family Lawyer and as such she is able to make the whole process as amicable and painless as possible.

Immigration
We have recently been instructed on a number of immigration cases requiring expert legal advice for both employees and employers.  Due to fundamental changes in the system that took place in November 2008 an employer is unable to take on a non-resident employee who does not have a work permit unless they are prepared to enter into a sponsorship scheme.  This has left a number of employers open to potential claims where they are wrongly continuing to employ without sponsorship and/or the correct employment status.  We have Immigration Lawyers who are able to resolve this problem both for employees and employers.

Insolvency
We are receiving more and more enquiries from companies and individuals as to how we might help them through the insolvency process.  There are a variety of options available for companies such as administration, voluntary liquidation, and receiverships.  We have close ties with Insolvency Practitioners for whom we also act and are able to make appropriate arrangements to help see both individuals and companies through the insolvency process as painlessly as possible.

Property
Is there anything left of the property market?  Is anyone moving house at all?  Well I am pleased to say that there is a little bit of movement.  There are signs that mortgage lending is improving slightly so as to facilitate a little movement in the residential property market.  I think this is going to take a long time.  There is no instant cure and I would suspect we could be waiting another 18 months or so before we see some sort of normality in the market place again.

Probate and Wills
Regrettably winter is not a good time for elderly people. It brings all sorts of challenges that translate into legal problems. We have seen a marked rise in Probate, Wills and Lasting Powers of Attorney. We have had cases where clients have been forced to put the affairs of their loved ones in the hands of the Court of Protection as they have failed to obtain a Lasting Power of Attorney. This has proved to be very expensive and can be avoided simply by planning properly and getting us to prepare an appropriate Attorney.

So there we are, a quick update on areas of law that might impact you.  I will keep you posted more specifically on various legal matters hereon out.

Geoff Kew

Published on 03/03/2009