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Case Studies

Hard Or Soft Brexit – What are risks that UK companies should consider

7th December 2017 by

There has been a great deal of uncertainty and animosity between the UK and the EU, since the UK declared its intention to leave the EU following the referendum in March 2017. Because of this neither, side is willing to commit to firm promises of what the new relationship between the UK and EU will look like post Brexit. What I can describe (in my view)  is the likely regimes of either a withdrawal  agreement reached or one where there is no agreement. Continue reading →

7th December 2017 0 Comments Immigration blog

Considering Drafting Your Own Will? A Recent High Court Ruling Might Make You Think Again…

9th November 2017 by

Mr Aleksic was born in Montenegro but had lived in the UK since shortly after the Second World War and died a British citizen. He worked very hard throughout his lifetime and acquired an estate of over £2 million. Unfortunately however Mr Aleksic’s English was by no means perfect and his home-made Will included many misspelt words, faulty grammar and misplaced punctuation which needed to be interpreted by the High Court. Continue reading →

Healys Gaming Industry Breakfast Briefing: Gaming in the Republic of Cyprus: Opportunities and Challenges

1st November 2017 by

Date: 30th November 2017
Time: 8:30 – 10:30
Venue: Healys LLP, Artium Court, 15-17 Jockeys Fields, London, WC1R 4QR

The Republic of Cyprus is embarking on a new era of becoming one of the hubs for gaming in Europe. Melco International will be developing and operating the largest casino and the only true integrated casino resort in Europe. Online sports betting licences are now available in addition to land based sports betting licences. Continue reading →

1st November 2017 0 Comments Firm news

Non-Domiciled Reforms – Full Steam Ahead to 6th April 2017!

5th October 2017 by

The present legislative programme of reforms regarding the taxation of non-domiciled individuals and their offshore structures was hurriedly interrupted in April 2017 when the General Election was announced. The Finance Bill then published dropped a number of measures from the agenda, including all the provisions relating to the regime which was proposed to apply to the non-domiciled persons. Continue reading →

Deprivation of British citizenship

28th September 2017 by

An important case (Sleiman (deprivation of citizenship; conduct) [2017] UKUT 367 (IAC)) has come before the Upper Tribunal this month which has given the correct interpretation on section 40(3) of the British Nationality Act 1981 and Chapter 55 of the Home Office Nationality Instructions. The tribunal considered the question of how directly causative past deception must be of a subsequent grant of British citizenship in order for a person to be deprived of that citizenship on the basis of deception. Continue reading →

The First Tier Tribunal Provides Guidance On Withdrawal of an Appeal

27th September 2017 by

When I have been faced with the prospect of a case not going our way, I have advised clients that they should consider withdrawing an appeal and reapplying rather than having a negative decision that could be adverse to the client in future applications. This is even more so where the court casts doubts about the credibility of the appellant, documentary evidence  or witnesses that support the appellant’s case. Continue reading →

27th September 2017 0 Comments Immigration blog

Property Negligence Claims Set To Rise

26th September 2017 by

A recent report by the IOD and BLM law states that negligence claims against property solicitors are continuing to rise, as the issue of leasehold ground rents comes into public view. These claims have arisen from purchasers of leasehold properties who have sought to recover compensation for ground rent charges, which they claim that they were never informed of. Continue reading →

The cost of a late acceptance of Part 36 offers

13th September 2017 by

Perhaps not surprisingly, there have been a plethora of authorities in relation to costs and recoveries and that continues apace.

In Jordan v MGM Limited [2017] EWHC 1937 (Ch), the claimant was (“rightly”) penalised by the very late acceptance of a Part 36 offer.  The offer had been made over two and half years previously and it was accepted just before trial.  As a consequence, the Claimant was ordered to pay the Defendant’s costs (and on an indemnity basis) from the date of expiry of the relevant period under the Part 36 offer.

In a similar case of Briggs v CEF Holdings Ltd (2017) CA (Civ Div), the defendant appealed to the Court of Appeal in respect of the first instance district judge’s order on costs. The Court of Appeal overturned the district judge’s ruling and found for the defendant on costs on the Part 36 issue.

There has been much focus on ensuring that my team manage Part 36 offers properly in order to ensure that they know which ones are open and hence which ones might (depending on developments within the case) need to be withdrawn or increased/decreased.  Of course, the other side of the coin is ensuring that you consider a Part 36 offer that is made by the other party carefully (and then advising the client accordingly) in order to determine whether it should be accepted or, if not, ensuring that the client is fully aware of the possible consequences.  I can easily see how failure to deal with such matters properly could lead to a claim against the solicitor.

For more information on this topic or any service we offer please contact Robert Johnson on 020 7822 4000 or email robert.johnson@healys.com.

Changes To The Immigration Rules on the Minimum Income Requirement under Appendix FM

13th September 2017 by

The rules of financial requirements of sponsors has recently been changed by the Home Office. This was as a result of the Supreme Court’s judgement in MM (Lebanon) & Others which was given on 22 February 2017. This decision challenged the Minimum Income Requirements  under Appendix FM  of the Immigration Rules on the grounds that they breached Article 8 of the ECHR. Continue reading →

Eventus International and Healys LLP Announce Strategic Partnership Ahead of the Cyprus Gaming Show

11th August 2017 by

Eventus International, the global events and exhibitions company responsible for bringing forward-thinking events to the gambling and gaming industry, today announced a strategic partnership with Healys LLP to develop and support the Cyprus Gaming Show (CGS 2017). The partnership will combine Eventus International’s event expertise and reach with Healys’ extensive experience on regulatory and compliance issues for both online and land-based gaming. Healys is part of the team of consultants supporting the Cyprus government on the Integrated Casino Resort Project, assigned the role of the legal advisor. Continue reading →

Significant Supreme Court Decision – Employment Tribunal Fees

26th July 2017 by

The Supreme Court has allowed the appeal by Unison and ruled the government was acting unlawfully and unconstitutionally in 2013 when it introduced fees of up to £1,200 to reduce the number of malicious and weak cases brought by Claimants. This is a significant decision in light of the 79% reduction in cases over three years (understood to be linked to the introduction of fees). Continue reading →

From Land Based To Online – Opportunity Or Risk?

24th July 2017 by

On the face of it bricks and mortar casinos might seem the obvious candidates for setting up successful online gambling operations, but historically their efforts have been a bit hit and miss. David Schollenberger of Healys explains why they’ve yet to make a big impact in i-gaming and ponders whether this may change in future. Continue reading →

Healys i-Gaming Breakfast Briefing – 15/06/2017

23rd June 2017 by

Online gaming operations by land based casino operators – what are the challenges, opportunities and risks?

Land based casino operators have had varying attitudes and approaches to online gaming. Some see it as potential cannibalisation and some view it as a massive opportunity. Various forays by land based operators into i-gaming have had mixed success. Continue reading →

Cybercrime In i-Gaming: How It Occurs And How To Prevent It

13th June 2017 by

With the growing threat of cyber crime, how can i-Gaming companies protect themselves and their customers? Prevention and technology tools are key, writes David Schollenberger of Healys LLP.

Cyber crime is currently one of the biggest concerns of i-gaming operators, regulators and customers alike. As the business of online gaming has grown, internet fraud, theft and attacks have followed.

Continue reading →

The UK Hospitality Labour Market And Brexit

24th May 2017 by

‘Brexit’, that fateful decision that will ultimately lead to the withdrawal of the UK from the EU has significant consequences for the UK labour market, not least within the Hospitality Sector. This is true for both employers and employees and specifically because so many of our laws relating to the labour market/employment derive from Europe. Continue reading →

Landmark Inheritance Case Will Impact Claims On Estates

15th March 2017 by

The Supreme Court has today handed down judgment in the case of Ilott -v- Mitson, the first time that the highest court in the land has considered claims under the Inheritance (Provision for Family and Dependants) Act 1975.  The court has overturned the Court of Appeal’s decision in the case, making some important points on how the courts should apply the 1975 Act. Continue reading →

Healys Secure £1.08 Million Judgement For Developer Victim Of Property ID Fraud

15th February 2017 by

Mr David Railton QC, sitting as a Deputy High Court Judge in the Chancery Division, recently handed down a judgment of widespread significance to the solicitors’ profession in Dreamvar UK Limited v (1) Mishcon de Reya (2) Mary Monson Solicitors Limited [2016] EWHC 3316 Ch.  Jerome O’Sullivan, a Partner at Healys’ Commercial Litigation department, acted on behalf of the Claimant. Continue reading →

Client Receives £1.5million In Compensation After A Fraudulent Property Transaction

31st January 2017 by

Our client, a property developer was in the process of obtaining a property. The case involved two law firms that acted for the buyer & seller. After the transaction was complete, the client discovered that the seller had committed identity fraud and lost a considerable amount of money. Issues included breach of warranty of authority and breach of trust on the part of the solicitors who acted on behalf of the fraudster; the scope of the duty of care of the firm acting on behalf of our clients and whether the clients’ consequential loss of profit was recoverable at law. Continue reading →

Hotel Franchising Internationally – The Challenges Of Franchising In The US

26th January 2017 by

Franchising is one of the quickest, most cost efficient and widely accepted means of expanding a hotel brand globally. If a brand is strong, the hotel design and services attractive and the delivery of reservations robust, there should be a  substantial demand  from franchisees for  franchises outside the home country of the franchisor and abundant hotel guests wanting to stay at those franchised hotels.   Continue reading →

Brexit and Business Presentation January 31st 2017

26th January 2017 by

Following the UK’s decision to leave the EU after over 43 years of membership, there are plenty of questions and uncertainties surrounding the future both of current employees, and the employment of overseas workers.  In a world of continued globalisation, we understand the necessity of having a network of employees, both local and overseas, in order to help your business to thrive and expand.  Our presentation will look to answer any legal questions you may have surrounding the employment of overseas workers, and provide you with any assistance you may need.

What topics will the event cover?

The presentation will cover a range of the most common questions businesses and employees have over the future of employment law in the UK, as well as the considerations you, as an employer, need to make following Brexit.

What is the current political climate towards immigration?

We will look at the views of the public towards immigration, as well as the stance the government is looking to take, discussing the impacts and likelihoods that these attitudes are likely to present, as well as looking at a range of proposed policy changes surrounding employment law.

What impact has the EU referendum had?

Looking at the results of the referendum, we will explore the fallout, and the timeline of the way Brexit may pan out.

What changes will be made to Tier 2 of the points based category?

We will discuss the new points and weightings which will be given to workers in rCoS requests, as well as increased costs of sponsoring overseas workers.

Changes to the illegal working legislation.

Looking at the new legislation surrounding illegal workers, including fines, and the responsibilities of employers in employing illegal workers.

What changes will be made to employment law?

In organising a new trade agreement with a 27-member organisation, what discussions will be made, and what model of trading are we likely to take on board?  We will also take a look at the relationship between the European Court of Justice and the UK courts

How am I likely to be impacted?

Discussing the changes to legislation which affect employers directly, and things you need to look out for.

What strategy do I need?

Looking at ways to protect your business, and how companies have already started making changes in employment strategies.

If you are interested in finding out more about any of the topics which will be covered in the presentation, or have any comments or questions, please contact us about coming along to our event on the 31st January.

Failure To Provide Proper Advice On An Under-Lease Leads To £150,000 Claim

1st January 2017 by

Our client needed advice regarding an Under-Lease, and so they approached a firm about their issue. However, our client soon realised that the firm had given incorrect advice.  He decided to contact Healys in order to make a claim against the law firm for failure to advise properly in relation to the purchase of an under-lease, the terms of that under lease, the status of the head lessee and rental payment terms. Continue reading →

Liquidation Of Law Firm Causes £200,000 Negligence Claim

1st January 2017 by

Our client instructed a firm of solicitors to deal with a claim in regard to his former employer. He was unfortunately unaware that the firm he instructed was in financial difficulty. Subsequently the firm went into liquidation.  This lead to the solicitor dealing with the case to be negligent towards our client’s case. Continue reading →

Client’s Career Safeguarded From Negligent Actions Of A Solicitor

1st January 2017 by

The client’s wife was involved in an RTA which led to a claim on the client’s insurance.  The insurer instructed a solicitor in the client’s name to commence proceedings to recover the insurer’s losses from the other party involved in the RTA.  The solicitor negligently allowed a judgement in default to be entered on a counterclaim against our client. Continue reading →

Client Awarded £750,000 After Ex-husband Sells Properties Without Her Knowledge

1st January 2017 by

Our client had a significant property portfolio.  She found out that a number of her properties had been sold without her knowledge under her ex-husbands name.  The properties in question were equally owned by our client and her ex-husband, so no sale should have taken place without her knowledge. Continue reading →

Autumn Statement Comment: Government Announces Plans To Scrap Letting Agency Fees

25th November 2016 by

As part of its strategy to help JAMS (just about managing) people, the Chancellor has announced plans today in the Government’s Autumn Statement that landlords in England and Wales will be banned from charging letting agents’ fees to residential tenants.  No date has been set for the onset of the legislation, but the government hopes this will be “as soon as possible”.  There is already a ban in place in Scotland. Continue reading →

RICS Give A Positive Outlook In A Recent Survey

4th October 2016 by

A survey by the Royal Institute of Chartered Surveyors (RICS) showed house sales continued to fall in the three months to the end of July, whilst the number of new instructions and buyer enquiries also dropped.  Prices have fallen in London, the West Midlands, East Anglia and the North of England, but surveyors are forecasting that house prices and sales will rebound and increase over the next year. Continue reading →

Top Tips – How To Franchise Your Business

20th September 2016 by

If you are business owner and looking to expand, have you thought about franchising?

Expansion is a risky business, whether by franchising or opening new facilities under your existing structure. You have an established product or service, a proven business model and the drive to take your business to the next level BUT there is no guarantee that the hard work you’ve put in to make your business successful up to now will work on a larger scale. Continue reading →

Taxing Times For People Acquiring UK Residential And Buy To Let Properties

13th September 2016 by

In the last 2-3 years there have been a number of changes to the UK tax rules applying to the purchase of UK properties. The changing tax rules and how they interact gives rise to options and solutions to suit the client and his particular circumstances and requirements. One size does not fit all, and clients should be assisted as far as possible to make the right decisions. Continue reading →

“Top Tips to grow your business”…heard it all before?

6th September 2016 by

The business world is constantly changing, but then again, some things always seem to stay the same…Oh dear…another horrendous cliché…will this article be the same ol’ hackneyed message from another professional advisor?.. well if it ain’t broke don’t fix it – right?

Let’s take a look at some of our favourite old business clichés and see if it’s possible for a professional advisor to get away from trite business truisms and add something fresh and useful to put you ahead of the curveContinue reading →

EEA nationals and their family members should take immediate steps to protect their status in the UK

12th August 2016 by

The results of the referendum on the UK’s membership of the European Union on 23 June 2016 and the apparent lack of government plans on how to proceed following this vote has created enormous levels of uncertainty, not least for EU nationals living in the UK and British citizens at home and abroad worried about the future. Continue reading →

Brand Protection In Franchising – Ignore At Your Peril

21st June 2016 by

By David Schollenberger, Partner and Head of IT/IP Healys solicitors

Starting and operating a franchise network without adequate brand protection is like unprotected sex.  Well maybe not quite as enjoyable- but it is reckless and involves taking risks that could be avoidable and could prove catastrophic to the franchisor’s business. Continue reading →

Hotel Franchising In The UK

21st June 2016 by

By David Schollenberger, Partner, Head of Gaming, Hotels and Leisure, Healys LLP

Many international  hotel management and franchising companies and well as franchisees and investors have focused their attention, development efforts and investments in Asia and the US over the past several years. The UK and Europe have seen  less focus and expansion in the UK. This may be currently changing with prevailing market conditions.

According to a recent article in the Economist, last year saw hotel occupancy rates reach their highest in a decade in the UK. A building boom in hotels is underway to try to keep up with demand but there is still no sign of over capacity. Continue reading →

Gambling (Licensing And Advertising) Act – Experience To Date – Summary

10th June 2016 by

Healys LLP continued its series of i-Gaming seminars on Thursday 02 June on the topic “Gambling (Licensing And Advertising) Act – Experience To Date”.

The Gambling (Licensing and Advertising) Act, enacted in 2014 (“Act”) requires all UK facing gambling operators, wherever located, to obtain a licence from the UK Gambling Commission gambling operators.

How many licenses have been applied for since enactment of the Act?
What has the experience been for operators applying for UK licenses since the enactment of this Act?
Has it brought back offshore operators en masse?
What are the positives and negatives for operators, the UK Government and the users of online gaming services in the UK?
How has it affected Alderney, Gibraltar, Malta and the Isle of Man?
What are the key issues that need to be addressed to make the Act successful?

Our panel of experts will discuss and evaluate these issues and how it will affect your business:

Moderator:  Michael Caselli, Publisher, i-Gaming Business

Panellists:

Neil McArthur, General Counsel, Gambling Commission
David Schollenberger, Partner and Head of Gaming Team, Healys LLP
Clive Hawkswood, CEO, Remote Gambling Association
Micky Swindale, Head of Advisory, KPMG, Isle of Man and Gibraltar
Graham Martin, Director, Catalyst Gaming
Peter Greenhill, Head of e-business and e-gaming, Equiom Group

Neil McArthur, General Counsel of the Gambling Commission emphasised that the change to point of consumption regulation and taxation in addition to providing greater consumer protection, levels the playing field between UK and offshore based UK facing online operators. Clive Hawkswood of the Remote Gambling Commission was not convinced of the need for the change from point of supply regulation and taxation, then and now. The economic proposition has changed and a number of online bookmakers formerly located in Isle of Man and Alderney have left over the past couple years although Gibraltar remains buoyant.  Graham Martin, a bookmaker by background involved with a number of online betting businesses said that he just got on with it and welcomes the mergers and acquisitions arising from it.

For those of you who missed the session, it was recorded and you can view it below. We look forward to seeing you at the next i-Gaming Breakfast Briefing, which is scheduled for Thursday, 8 September 2016 at 8.30 am.

Will 3% Ruin The Property Market?

21st April 2016 by

If you were unaware, the Government imposed Stamp Duty Land Tax (SDLT) changes on anyone buying a second home.  As of 1st April 2016, the SDLT rate on purchasing/investing in a second property has increased. For example, before 1st April 2016, if you were investing in a property with the value of over £250,001 you would have to pay an SDLT rate of 5%, after the 1st April 2016 the rate rises to 8%.  To put this in perspective, the average house price in Brighton is £352,037, you would pay £17,851.85 before the 1st April 2016.  Continue reading →