Category: News

Whatever the rights and wrongs of the English A Level grade markings in 2020, upset students frustrated by their marks might want to look to the GDPR and the Data Protection Act 2018 and in particular Article 22.

Article 22 gives individuals the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her.

There are exceptions to this where the decision is authorised by law where there are suitable measures to safeguard the individual’s rights and freedoms and legitimate interests. This also needs to be considered in conjunction with section 14 of the Data Protection Act 2018, which expands on this exception and gives the individual 1 month to request the reconsideration of the decision or take a new decision that is not based solely on automated processing.

This could give rise to some interesting issues:

• If Article 22 applies, can students ask for their grade to be reassessed individually (and if so, how would that work)
• Does the teacher/centre input of predicted grades mean that Article 22 does not apply because there is some human involvement? Was their actual involvement sufficient to disapply Article 22?
• Was Ofqual’s data protection impact assessment, which they presumably carried out, adequate?

Even more fundamentally, the GDPR has key principles including the requirement to process data accurately and fairly. While there can be no perfect substitute for not actually taking exams, can adjusting a student’s predictions based on results from other students from the same school in previous years ever be fair  to that individual. While it may be reasonable on a statistical basis, can it be on an individual by individual basis.

In Norway, their data protection authority has notified the International Baccalaureate Organisation exam board that it thinks that it has processed personal data inaccurately and unfairly in the way they have predicted exam grades though at the time of writing this is not a final decision.

Teachers and Schools

Schools and teachers themselves might not escape scrutiny. They too have an obligation to process data fairly and accurately and so if they inflated the predicted grades of some of their weaker students and that then resulted in their stronger students’ grades being reduced by Ofqual, this could create problems for schools and teachers.

Unhappy students should take specific and urgent advice on what to do next as there are applicable time limits both under the data protection legislation and how they progress to the next stage of their studies.

If you have any questions in relation to the above or concerns about your business, contact Clive Halperin, Head of Corporate & Commercial, directly on [email protected] or 0207 822 2220.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

 

Why will remote witnessing of Wills be legalised?

The Government intends to ease the process of recording people’s final wishes during the Covid 19 pandemic.

Which territories will be covered by the measure?

The Government will allow video-witnessing in England and Wales.

When will the new law be introduced?

The changes will be introduced in September. However, they will be backdated to 31 January 2020. This means that wills witnessed by video technology from 31 January 2020 onwards will be legally accepted.

What are the changes in law?

Presence as stated in the Wills Act 1837 will now include virtual presence provided the quality of the sound and the video is good enough to see and hear what is happening at the time.

How many witnesses are required? 

The vital safeguard of requiring two witnesses will be kept. This is essential to ensure protection against fraud and undue influence.

What are the potential problems?

One of the main concerns is that undue influence may be exerted by the people off-camera, as it is impossible to find out whether the is anyone else in the room while the testator is signing the will. Common problems, such as a will being lost by the post, can also occur.  There is a chance of wills being intercepted by a third party while being delivered.

How long will this measure remain in force?

The measure will remain in force until 31 January 2022 or for as long as it is necessary.

 What will happen afterwards?

The physical presence of the witnesses will be required again.

If you have a question, please do not hesitate to contact James Cohen directly on [email protected] or 0207 822 2257.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

 

New rates of Stamp Duty Land Tax (SDLT) have been introduced for purchasers of residential property in England and Northern Ireland who are not resident in the United Kingdom. They will be 2 percentage points higher than those that apply to purchases made by UK residents.

Who will be affected by the measure?

The following will be affected by the measure:

∙ non-UK resident purchases of residential property in England and Northern Ireland;

∙ conveyancers;

∙ other professionals advising on transactions of this kind.

What kind of purchases will the measure apply to?

The measure will apply to purchases of freehold and leasehold properties. SDLT payable on rents on grants of new leases will also be increased.

When will this measure come into effect?

It will apply to transactions with an effective date of 1 April 2021 or later.

Transitional rules may be applicable in the following cases:

∙ if contracts are exchanged before 11 March 2020 but complete or are substantially performed on or after 1 April 2021;

∙ if a contact is substantially performed on or before 31 March 2021 but completes on or after 1 April 2021.

What is the objective of this measure?

The objective of this measure it to make house prices more affordable for UK residents.

If you have a question, please do not hesitate to contact James Cohen directly on [email protected] or 0207 822 2257.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

As the United Kingdom is entering the second phase of the government’s economic response to the coronavirus outbreak, the chancellor delivers his summer statement.

Here is a summary of the key points.

Jobs

∙ Firms will be encouraged to retain furloughed staff by being provided with a so-called ‘job retention bonus’: a one-off payment to employers for every furloughed employee they retain to the end of January 2021.

∙ Support to firms offering apprenticeships will be provided. They will get a payment of £2,000 for each apprentice they take on.

 VAT cuts for the hospitality industry and tourism

∙ To support the industry, the value-added tax will be cut from 20% to 5% on food, accommodation and attractions from 15 July to 12 January 2021.

∙ Food and non-alcoholic drinks in restaurants, pubs and cafes will be affected.

∙ Hot takeaway food will be covered.

∙ Accommodation in hotels and B&Bs will be affected.

∙ The cuts will cover admission to attractions (such as cinemas and theme parks).

 Stamp Duty

∙ The stamp duty threshold in England and Northern Ireland will increase with immediate effect to £500,000 until 31 March.

∙ The following rates will apply for the duration of this period:

Property value	Stamp duty payable by first-time buyers
up to £500,000	0
£500,001 to £925,000	5%
£925,001 to £1.5m	10%
over £1.5m	12%

∙ According to Rishi Sunak, this will help home buyers to save £4,500 on average.

If you have a question, please do not hesitate to contact James Cohen directly on [email protected] or 0207 822 2257.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

 

One of the key issues facing most business thinking about sending an employee to the UK is trying to work out the most appropriate visa for the type of work that their employees is coming to do in the UK.

This article will provide an overview of the current UK immigration categories, which employers will need to consider.

Visitor Visa (Business sub-category)

This visa category is suitable for employees travelling to the UK as ‘business travellers’. If you are a non-visa national you are not required to make a visa application prior to your arrival and will simply be granted entry at the UK border although you may be asked about the purpose of your visit and on some occasions required to provide documentary evidence regarding your stay in the UK.

For nationals requiring a visa one will usually be required to make an application prior to coming to the UK and would be usually expected to provide evidence of their employment overseas together with supporting evidence regarding their visit to the UK.

Once the application has been approved (at the border or via the overseas visa application centre), the visa is granted for 6 months (on a multiple entry basis) and will allow business travellers to hold meetings, attend site visits, sign contracts, fact find, troubleshoot or attend conferences in the UK.

Representative of an Overseas Business

 This visa category is usually the most appropriate for those organisations looking to establish their first UK presence and would like to assign a senior employee or senior executive from their overseas operations to do this.

The employee or executive will need to apply for this particular visa category in advance of arriving to the UK and they will need to satisfy the Home Office that the business will remain headquartered overseas and provide some information about what they are intending to do in the UK on behalf of their employer. Usually a business plan will suffice.

An applicant will also need to provide some evidence of their previous employment history with the organisation why they have been chosen for this project. The employer will also need to confirm that employee coming to the UK will have the authority to take decisions in relation to the UK entity once established.

Following approval of the application the visa allows the employee or executive the right to live & work in the UK (along with their family members) together with an opportunity to settle permanently after 5 years.

Tier 2 (Intra-company Transfer) Migrant

Organisations with multiple international offices will usually utilise the Intra-company category, as it allows them to post /relocate existing employees to work in the UK for a period between 1- 5 years provided that the employee will return to their original location or be assigned to another post elsewhere.

In order for the organisation to do this, the UK entity must have in place a Sponsor Licence (granted by the Home Office) and the role for which the employee is being posted to the UK must be for a skilled role as defined on the Home Office list.

The employee will only be allowed to undertake the work associated with his role as set out in the Home Office list.

Tier 2 (General) Migrant

This category allows a UK entity to hire from overseas a skilled migrant worker (this can include employees working for you already outside the UK).

Much like the Intra-company category in order for the organisation to do this the UK entity must have in place a Sponsor Licence (granted by the Home Office) and the role for which the employee is being posted to the UK must be for a skilled role as defined on the Home Office list. The employee will only be allowed to undertake the work associated with his role as set out in the Home Office list.

The key differences of this category from the Intra-company category is that the UK entity will need to be able to demonstrate that they have tried to recruit locally but were unable to find suitable candidates and perhaps more importantly for the employee, this category would allow them and their family members to settle permanently in the UK after 5 years.

For any questions on Business or Private Immigration to the UK or if you require assistance with your existing application, please contact Head of Business & Private Immigration at GSC Solicitors LLP Hateem Ali on [email protected] or +44(0)207 822 2209.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

GSC Solicitors LLP is a member of a very large global association of accounting and law firms, Abacus Worldwide.

That membership provides us with access to resources and a network of professional service firms that can assist us and our clients with legal and accounting issues just about anywhere on the planet.

Abacus recently launched a new podcast called Vantage Worldwide.  Every month listeners will have a chance to learn from financial and legal experts about what it takes to do business in different countries across the globe.

This month’s session features input from GSC’s Head of Corporate & Commercial Clive Halperin alongside other Abacus members specialised in accountancy and law. Clive shares his legal expertise on the following issues:

• Setting up a business in the UK: types of structures can be used to carry on business in the UK; do you need resident directors and shareholders; how easy is it to set up a bank account and say register a trade mark
• Selling goods or services into the UK: the difference in the UK between selling at a distance directly or through an agent or a distributor
• Sending employees to the UK: Visa issues around sending employees to the UK; how easy is it to employ people in the UK as a foreign business
• Buying a business in the UK: current activities we are seeing in the M&A market and how will Brexit affect this if at all.

1. The video can be found here
2. For podcast please visit here

For any questions in relation to the above or business-related issues, please contact Clive Halperin directly on [email protected] or 0207 822 2220.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

How has COVID-19 affected the probate service?

HM Courts and Tribunals Service (HMCTS) is encouraging the use of online applications for probate registry services to maintain service levels during COVID-19, as employees are working remotely.

• There is no need to witness the new application forms. No swearing in front of a solicitor or commissioner for oaths is needed either.
• Electronic signatures, including typed signatures, will be accepted.
• If it is currently impossible to obtain probate, there is a possibility of obtaining a limited grant ad colligenda bona.

Have the formalities for verifying affidavits been relaxed due to COVID-19?

• It is possible to use a statement of truth in any non-contentious probate process that would under normal circumstances require supporting affidavit evidence (for example, this can be done to prove due execution of a will or its copy).
• The change in the rules is temporary and will last until 30 July 2020.

Is there a way to urgently stop a probate application at present?

• In some cases, there might be doubts as to whether a will is valid, or a proposed personal representative is suitable. A caveat can be entered to prevent a grant of representation being issued in order to allow time for the matter to be considered.
• It is possible to apply online or lodge Form PA8 by post.

If you have a question, please do not hesitate to contact James Cohen directly on [email protected] or 0207 822 2257.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

Can an attorney appointed under a Lasting Power of Attorney delegate decisions?

•  Regardless of the circumstances, attorneys are generally unable to delegate their authority under a Lasting Power of Attorney.
• If more than one attorney has been appointed, and the appointment is joint and several, the co-attorney might be able to act alone.

Is it possible to get a Lasting Power of Attorney registered immediately?

• Although the service is being affected by COVID-19, the Office of the Public Guardian continues to register Lasting Powers of Attorney and aims to do so within 40 days.

Is it possible to get a donor’s signature on a Lasting Power of Attorney witnessed by video due to lockdown?

•  Witnessing the donor’s signature by video is not possible.
• It is not possible to use an electronic signature to complete a Lasting Power of Attorney.
• If preparing a Lasting Power of Attorney is not essential, it is recommended to wait until the lockdown is eased.
• If it is necessary to prepare a Lasting Power of Attorney urgently, social distancing rules will need to be followed.

How is it possible to find a certificate provider for a Lasting Power of Attorney during the lockdown?

• A certificate provider is a person who has known the donor for two years.
• A member of the donor’s family cannot be a certificate provider.
• A solicitor who prepares the Lasting Power of Attorney can act as a certificate provider.

How is it possible to legalise a Lasting Power of Attorney for urgent use abroad?

• Firstly, a Notary Public will have to notarise the Lasting Power of Attorney.
• Secondly, the Foreign and Commonwealth Office (FCO) will need to legalise it and affix an apostille.
• Some countries might require obtaining a further legislation at the relevant country’s embassy.
• If an urgent document needs to be legalised, the FCO is to be contacted directly by email.

How will NHS staff find out that a person has a Lasting Power of Attorney (Health & Care Decisions) or Deputyship Order for personal welfare in place?

•  This information can be found with the help of urgent searches of the Office of the Public Guardian (OPG) registers.
• Urgent searches can be requested by email.

If you have a question, please do not hesitate to contact James Cohen directly on [email protected] or 0207 822 2257.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

Can a will be prepared if during the COVID-19 pandemic if it is impossible to find a medical practitioner in order to confirm that the testator has the required mental capacity?

•  The testator will need to be warned that the will might be challenged.
• If the testator still wishes to proceed, the solicitors can prepare a will.

Is there a way to facilitate the witnessing of wills and codicils?

• As ‘presence’ is to involve physical presence, witnessing via video-conferencing is impossible.
• Supervising the signing of a will using electronic means is possible (if the solicitor is not acting as a witness to the will).
• It may be sufficient for witnesses to see the testator signing when they are separated by a glass window. Another key factor is having the testator in the line of sight.

Is it possible to amend an executed will in manuscript while locked down at home? What is it necessary to check to ensure that such amendments are valid? What are the risks of amending a will in that way?

• The amendments need to be legible and make sense. They need to be marked in ink or ballpoint pen (not pencil).
• To formalise the manuscript amendments the testator and both witnesses will need to execute the amendments in the same way as the will, sign or add their initials close to the amendments or to a memorandum referring to the amendments.
• The will will have to be re-executed by the testator.
• The testator will need to make a codicil.
• It is unlikely that manuscript amendments made without consulting a solicitor will comply with formalities.
• Incorrectly executed amendments will not have effect unless they obliterate the text of the original will. The obliterated text will be treated as blank.
• Additional evidence might be required if the manuscript amendments are questioned by the probate registry.

If you have a question, please do not hesitate to contact James Cohen directly on [email protected] or 0207 822 2257.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

Ban on Private Rental Evictions Extended

The government has announced an extension to the tenant eviction ban for a further 2 months. The courts are likely to follow this by extending the stay on all possession proceedings for a further 2 month, until the end of August.

Nothing has been said about the ability to forfeit a commercial tenants lease, yet. So watch this space!

Commercial Landlords – Claims against former tenants and guarantors

Commercial Landlords should not forget to ensure they serve Notices under S17 Landlord and Tenants (Covenants) Act 1995 on former tenants or their guarantors, if they want to preserve the right to recover any rent arrears from them.

Whether you are a landlord or a tenant, if you have any concerns or issues, please contact Michael Shapiro directly on: [email protected] or 0207 822 2246.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.