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Implied terms in contracts – isn’t it obvious?

Everyone likes the word “reasonable”, especially lawyers. It is an objective term that has been analysed and tested over the years. The popularity of the concept also means that it is perceived as an acceptable compromise position to allow contracts to be signed (and argued about later). A similar line of analysis applied to understand when terms will be implied into contracts has now been clarified and overturned.

Duties and powers of trustees

The role of a trustee of a trust varies depending on the type of trust, its specific provisions, and the trust assets held. This note explains some of the main duties and powers which apply to most types of trust.

Flurry of Inheritance Act 1975 cases

There has been a flurry of Inheritance Act 1975 cases in the last few weeks, most recently the case of Re H where an adult child claimant was successful despite her being estranged from her father and having had no financial assistance from him for a number of years prior to his death, and he had left his estate to his elderly and disabled spouse.

HMRC should brace itself for challenges as Tribunal rules in favour of dentist who used remuneration trust scheme

A recent decision by the First-tier Tribunal has decided that contributions to, and subsequent loans from, a remuneration trust scheme were not ‘earnings’ or disguised remuneration.

Exporting your produce? Our ten tips for success...

Earlier this summer, the Department for International Trade launched a mentoring scheme in partnership with AHDB and the NFU with the aim of matching an experienced exporter with a farmer or food producer keen to explore export markets for their produce.

Golden Brick – what is it and why is it important?

“Golden Brick” is a mechanism which enables a developer to complete a sale of VAT elected land to a Registered Provider (RP) before practical completion of the affordable housing dwellings and for that sale to be treated as a zero- rated supply for VAT purposes rather than a standard rated supply.

Overage – what, why and how

There is no generally accepted definition of overage. Rather, it is a term used to describe a situation where a seller, in certain circumstances, is entitled to share in an increase in the value of land which is realised post completion of the sale.

Could a winter World Cup compound a seasonal spike in domestic abuse?

Given that domestic abuse rates increase by around 26% when England win or draw and a staggering 38% when they lose, it is clear that football during the festive period could have very serious consequences for those in abusive relationships.

Equalisation in strategic land development

Neighbours who own land with development potential often collaborate with each other (usually also engaging the services of a specialist land promoter) to secure planning permission over the combined area with a view to dividing the sale proceeds between them.

Introduction of new Carers’ Leave

In response to a growing call for greater flexibility for those balancing caring duties alongside employment, the Carers’ Leave Act 2023 (‘the Act’) received Royal Assent in May 2023. The Act, which is scheduled to come into force during 2024, will introduce a new unpaid leave entitlement for carers.