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Welcome to Seth Lovis & Co Insights

Are you looking for high quality legal advice? You have come to the right place.

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.

Season's Greetings and Opening Hours

Alex Lovis
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On behalf of the Partners and all of our staff, we would like to wish our clients and contacts a happy and healthy festive break and a prosperous 2019. Our offices will be closed on Christmas Day, Boxing Day and New Years Day but otherwise will be open as...

When tactics don't pay off, and instead result in a pay out

Jigna Varsani
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It is well known that litigation can be a costly business. But a failure to follow court rules and be uncooperative can make it even more costly, as the case of Ayton v RSM Bentley Jennison & Ors highlights. The matter concerned a claim in...

Does a stay extend the date for service of the claim form?

Sarah Duffy
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Can you extend the date for service of the Claim Form by entering into a Stay? This pertinent question was answered recently in the Court of Appeal decision in the case of Grant v Dawn Meats (UK) [2018] ECA Civ 2212. Background The Claimant was employed by...

Legal 500: Leading firm status for 2018/19

Alex Lovis
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I am delighted to confirm our inclusion within the 2018/19 edition of the Legal 500 rankings, as a 'Leading Firm'.   Our Industrial Disease Litigation department continues to stand shoulder to shoulder with some of the most prestigious firms in...

Breach of Commercial Covenant - Your Options as a Landlord

Alexander Clarke
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Covenants are another way of describing the obligations that exist between landlords and tenants, as set out in the commercial lease. They are unfortunately a common source of dispute. Landlord covenants will typically be along the lines of ensuring that...

Seth Lovis & Co Support Lifelites

Nina Klair
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We are very pleased to announce that the Private Client team have paired up with Lifelites this Autumn to help further their incredible charitable work via their free wills service. LifeLites create innovative technology for children in hospices who are...

A Guide to Lifetime Gifts and Minimising Inheritance Tax

Adam Shute
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Inheritance tax is a tax that is payable when someone dies. It is based on the value of an estate, in other words the property, cash and other assets left behind. Estates worth over £325,000 may be subject to inheritance tax at 40 per cent at this...

Commercial Rent and Service Charge Arrears - Landlord Powers Explained

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As a commercial landlord, you may from time to time need to pursue rent arrears. There are numerous considerations to make when doing so, all of which have a bearing on the options open to you. If you also need to pursue service charge arrears and other...

What is a Deed of Variation and how can I use it for Inheritance Tax Planning?

Nina Klair
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It may come as a surprise to learn that a will can actually be changed once someone has died. But varying a will is actually a very popular way of avoiding paying too much inheritance tax. A will can be changed via a legal process called a Deed of...

Commercial Rent Arrears - A Guide to Recovery

Jonathan Tyler
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If you are a landlord of commercial premises, your core concern will always be that your tenant pays their rent and any other costs due under the lease, and that these are paid on time. If you are in a situation where this has not happened and you have found...

How a Personal Injury Trust Could Help Protect Your Benefits

Adam Shute
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If you have recently been awarded compensation following a personal injury or medical negligence claim, you may be concerned as to whether your means tested benefits will be affected. Any payout of £6,000 or more has the potential to affect means...

Misfeasance Claims: What Constitutes Misfeasance?

Joanne Brown
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What is misfeasance? Misfeasance can be defined as a ‘wrongful act’. Under the Companies Act 2006 and common law, directors of companies must not breach any duty of trust when dealing with company money or assets. But what exactly constitutes...

A Guide to Misfeasance

Nick Davies
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When a liquidator alleges that a director has misapplied money or other company assets, or breached their duties as a director, this is known as a misfeasance claim. Misfeasance is commonly misunderstood, so here we will take a look at the subject and answer...

Late Payment: Fact, Figures and Truths Revealed

Liam Stein
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Insurer Zurich has revealed research taken across over 1,000 business owners and decision makers showing that 52 per cent of businesses are owed money by late paying customers. 21 per cent are owed over £25,000 and 9 per cent more than £100,000....

Solicitor's Negligence v Client's Fraud - Who comes out on top?

Jigna Varsani
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A recent Court of Appeal decision in Stoffel & Co v Ms Maria Grondona [2018] EWCA Civ 2031 has left raised eyebrows with a lot of people thinking “really, surely not?!”. The impact of this ruling will have a far-reaching effect on...

Not Been Paid? A Guide to Getting Your Goods Back

Joanne Brown
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If you have supplied goods on a credit basis, you will hopefully have in your terms and conditions of business a clause known as ‘retention of title’. This clause is very important, because it entitles you to take your goods back should payment...

Invoice Non-Payment: A Guide to Resolving Payment Disputes

Nick Davies
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Late payment of invoices is something that every business is likely to report having experienced at some point. It is widely known that there is a set protocol to follow in the event of an invoice remaining unpaid, and the ‘Letter Before Action’,...

Hearing Loss from the Army: What to do if your Condition Worsens?

Ingrid Esien
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The figures say it all: in the UK, some 300,000 ex-armed forces personnel are said to be suffering from noise-induced hearing loss and tinnitus as a result of exposure to excessive noise in the line of duty. Many service personnel pursue army deafness...

Setting aside a bankruptcy order

Sarah Chambers
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In Lock v Aylesbury Vale District Council [2018] EWHC 2015 (Ch) (9 July 2018) the High Court used their general discretion to dismiss a bankruptcy petition due to there being no useful purpose in making a bankruptcy order against the debtor. In this case...

Discharged from the Army due to Hearing Loss - Can I Claim?

Amanda Smith
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According to the Royal British Legion, around 300,000 ex-Armed Forces personnel in the UK are suffering from noise-induced hearing loss and tinnitus due to exposure to excessive noise whilst serving their country. It is widely reported that a number of Army...

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