January 2011

Latest legal news and advice from DWT Legal: December 2010 newsletter


Welcome

I’m pleased to be sending you the first issue of the new DWT Le
gal newsletter. Every quarter, we’ll untangle the latest developments in the law and how they could affect you, your business associates or your family. We’ll also share how we’ve helped our clients, and we’ll try to demystify the world of legal jargon.

In this issue we look at what to do if clients are squeezing your business. Plus an important ruling on pre-nuptial agreements and the implications of dying without a will.

If you have any topics that you would like us to cover in future issues, please email them to us.

May I wish everyone a very Merry Christmas and a happy & prosperous New Year  from all of us at DWT Legal.

Gareth Thompson

DWT Managing Director and head of DWT’s
Commercial team


Gareth




The law and you

Can your client break their contract?
As the economic situation continues to bite, two large companies have been caught squeezing suppliers. Government contractor Serco asked its largest suppliers for a 2.5% rebate saying, “… we are looking to determine who our real partners are that we can rely upon.” Meanwhile, Thomas Cook shaved 5% off its invoice payments to hotel operators.

Smaller companies aren’t immune, with clients trying to renegotiate pay rates or extend payment terms. Could one of your clients do this to you? How should you respond if they do?

If you’re unable to work with what your client is asking, look at your contract. Is there a clause that allows the client to vary the terms in certain circumstances? If they’ve breached the contract, you may no longer be obliged to fulfil your side. You may be able to:
•    Negotiate with the client
•    Withhold services/goods
•    Issue a claim.

If you are experiencing difficulties with a client or need a contract/commercial agreement to prevent this type of situation, please contact DWT’s Commercial team. We are skilled at helping our clients do business on their terms. Please call 01562 514862 or email Max Davis.




Automatic inheritance payment goes up, but is it enough?

If you die without a will in place, your spouse now automatically inherits the first £250,000 of your estate. It used to be only half that amount. But while £250,000 sounds like a lot, the value of your house and pension payments could mean your estate is worth considerably more. Without a will, you cannot guarantee any additional assets will go to your spouse or the people you care about most.

Our Private Client team give expert and sensitive advice to help you make a will. We can also help you appoint a Lasting Power of Attorney to act on your behalf should you become unable to manage your property or monetary affairs. Please call 01562 514866 or email Maggie Reardon.



Pre-nups, worth the paper they’re written on?

You may have read about the UK Supreme Court’s ruling that a pre-nuptial agreement between a German heiress and her ex-husband is binding. Previously, pre-nups weren’t enforceable under English law, but the ruling means they will now be upheld, as long as they are considered fair. For example, both parties must have freely entered into one and been fully informed of all the financial and relevant implications.

To discuss pre-nups or cohabitation issues, please contact our Family team on 01562 514872 or email Debbie Fowler.





Contents

Business law
Can your client break their contract?
Your redundancy rights

Family law
Pre-nups, worth the paper they’re written on?
Automatic inheritance payment goes up, but is it enough?
Common law marriage – not under intestacy rules

DWT news in brief
Latest news about our firm




DWT news in brief

It’s now a year since the firm was relaunched as DWT Legal Ltd. Being a limited company is still uncommon among law firms but reflects our modern, forward-thinking approach.

•    We’re pleased to be encouraging the next generation of lawyers with new trainee solicitor Phil Rolls, plus training contracts have been agreed for Zoe Perry and Max Davies.

•    Shane Miller has been promoted to Associate Solicitor in our Family team in recognition of her performance. Shane joined us a paralegal in 2006 before training and qualifying with us.

•    We have achieved Lexcel certification from the Law Society. This is only awarded to solicitors that meet the highest management and customer care standards.



•    Our excellent customer care was also recognised in our client survey, when 100% of our clients said they would recommend us to a friend.




Legalese

Term: Contributory negligence
Definition: A percentage of blame that may be alleged against the injured party for partly causing the accident or contributing towards their own injuries. For example, damages may be reduced by around 25% if the claimant wasn’t wearing a seatbelt in a road traffic accident. A person not wearing a helmet on a pushbike could potentially face a reduction in damages in the same way.




Point of law

Your rights on… Redundancy
You are entitled to a statutory redundancy payment if you have worked for your employer for two years or more (continuously) and if you have been made redundant (not dismissed for poor conduct, for example).

If you have any questions over redundancy laws, either as an employer or employee, please speak to our Employment Law team. The team is led by DWT co-director Mat Abdulla. He’s one of the West Midlands’ leading employment lawyers and advocates. Most of Mat’s work is conducted on a no-win, no-fee basis.E-mail Mat Abdulla
here.




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2010 DWT Legal Ltd. All Rights Reserved.

DWT Legal Ltd is registered under company registration number 6966430.
Our registered office is 37 Worcester Street, Kidderminster, Worcestershire DY10 1EW.

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