Wrigley Claydon Solicitors

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  • Lasting Powers of Attorney solicitor Oldham

    Lasting Powers of Attorney solicitor Oldham

    What is a Lasting Power of Attorney?

    A legal document that allows you to choose someone (an attorney) to make decisions on your behalf. There are two types of Lasting Power of Attorney (LPA):

    Personal Welfare

    Your Attorneys can make the decisions you make on a daily basis regarding your personal welfare. This can include your diet, what medical treatment you receive or where you live. This type of LPA can only be used by your Attorney when you can no longer make these decisions for yourself.

    Property and Affairs

    Your Attorneys can make decisions about your property and finances. This can include accessing your bank or building society accounts, managing your finances or selling your property. You can decide whether your Attorneys make decisions whenever you want or only in situations when you lack capacity.

    Why should I create a LPA?

    You may wish to prepare for the future. For a time when, because of mental or physical difficulties, you are not able to manage your own affairs. You may travel abroad a lot and need someone to manage your affairs whilst you are away, you could be in an accident and someone may need to access your bank account to pay for your care, you may have strong views about the medical treatment you receive – if you lose capacity who would express these views for you? A LPA gives you peace of mind that your affairs are in order and it is you that has decided who will make those decisions for you, a LPA is like an insurance policy, invaluable should the need arise.

    Who can make a LPA?

    Anyone aged 18 or over, with the mental capacity to do so.

    What happens if I don’t make a LPA?

    Nobody has the power to make decisions on your behalf. If you lose mental capacity then someone (usually a loved one) would have to apply to the Court for an Order to make decisions on your behalf (called a Deputyship Order). It is very costly and usually takes the Court six months to reach a decision, sometimes this is too late.

    To complete a Lasting Power of Attorney or to discuss this further, please contact our Wills, Trusts and Probate team on 0161 624 6811 or email Rachel Damianou.
  • Stamp duty changes for additional properties

    Stamp duty changes for additional properties

    From 1st April 2016, there will be a higher rate of stamp duty payable by those who purchase a buy to let property or second home.

    The higher rate of tax applies to properties above the price of £40,000.00 and will be in the sum of 3%. This additional tax is payable on the full purchase price of the property.  The new tax band is in addition to the normal stamp duty rate.

    If the property you are purchasing is to replace your main residence, which is also on the market to be sold, then the higher rate of stamp duty will not apply, however if your main residence has not sold at the time you complete the purchase of the new additional home then you will have to pay the higher rate. A refund will be made if the previous main residence is sold within 18 months.

    Buyers must inform their solicitor if the property they are purchasing will be an additional property. If the they do not disclose this information it is tantamount to fraud and the buyer will be liable to pay a penalty which could be a lot more than the additional 3% stamp duty.

    For more information about the new higher rate of stamp duty please read the full guide on the gov.uk website. If you have, or are looking to grow, a buy-to-let portfolio or purchase a second home, please contact us for some initial advice. We would be happy to act as your conveyancing solicitors during the purchasing process.

    Please contact our conveyancing team who offer a nationwide service and can help you purchase a property anywhere in the UK: Uzma Begum, Oldham office, 0161 624 6811, ub@wrigleyclaydon.com OR Colette Stephens, Todmorden office, 01706 815 712, cms@wrigleyclaydontod.com
  • Commercial litigation and intellectual property rights

    Commercial litigation and intellectual property rights

    The Supreme Court on 9 March 2016 dismissed an appeal by Trunki manufacturer Magmatic, which argued that a competitor product was breaching its intellectual property rights.

    In 2006 Mr Law appeared on BBC Two show Dragons’ Den, unsuccessfully seeking investment for his Trunki case. After he was rejected by the Dragons, he went on to sell more than two million of the suitcases in more than 60 countries.

    Magmatic had previously registered a Community-registered design for its Trunki suitcases which covers various colours but not surface decoration.

    Magmatic argued that PMS International’s Kiddee Cases, which are decorated to look like animals or insects, infringed the design rights of their Trunki suitcase.

    While the High Court had agreed with Magmatic in 2013, the Court of Appeal reversed that decision and found in favour of PMS International. The Supreme Court agreed with the Court of Appeal’s decision.

    Supreme Court Justice Lord Neuberger said Trunki was “both original and clever” and he said it “appears clear” the Kiddee Case had been conceived “as a result of seeing a Trunki and discovering that a discount model was not available”.

    But he said: “Unfortunately for Magmatic, however, this appeal is not concerned with an idea or an invention, but with a design.” The court said design law was based on the “overall impression created by a design”, which in Trunki’s case was “an animal with horns”. It said this was “significantly different from the impression made by the Kiddee Case, which were either an insect with antennae or an animal with ears”.

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimizing your liability.

    If you feel you have an intellectual property case and need some legal advice then please speak to our Shalish Mehta, our civil and commercial litigation solicitor in Oldham. Please call us on 0161 785 3534.
  • Life Stories – a new opera by Tim Benjamin

    Life Stories – a new opera by Tim Benjamin

    Antony Brannick, Family Law specialist at our Todmorden office is at it again…

    Following the recent hugely successful staging of Handel’s Messiah in aid of the Calderdale flood relief efforts, musical director of Todmorden Choral Society Antony isn’t resting on his laurels; he’s straight onto his next performance.

    Three centuries apart, two lives and two deaths: lives lived well or lives wasted?

    Antony is conducting Life Stories, an opera by Tim Benjamin, consisting of two one-act operas each with a solo singer and a small orchestral ensemble. The next and final performance of the current tour takes place at the Little Theatre in Hebden Bridge on Friday 4thMarch at 7:30pm. Tickets are £12.

    Antony has worked with Tim for the last three years on operas including Emily in 2013 and Madam X in 2014. Life Stories was premiered at the Royal Northern College of Music in Manchester last summer and an initial short tour took in Preston, Halifax Square Chapel and Todmorden Hippodrome. The current tour has had productions in Salford Arts Theatre and The Junction, Goole.

    A recording has also been made of the operas following a very long day at the 80 Hertz studios at The Sharp Project, Manchester which will be available soon.

    Life Stories are two excellent pieces and the two soloists James Fisher and Taylor Wilson are superb in their respective roles. Critical reviews have praised the music, staging and performance and, of course, the acting.

    For more information please visit radiusopera.org/life-stories where you’ll find a link to ticket availability, photos, character information and reviews of this and other performances.

  • Wrigley Claydon mean business as they recruit a new commercial solicitor

    Wrigley Claydon mean business as they recruit a new commercial solicitor

    In a move that signals not only growth for the practice, but perhaps also for Oldham’s business sector as a whole, Wrigley Claydon have bolstered their Commercial Department with the appointment of a new assistant commercial solicitor.

    Soibilate Iketubosin has joined the practice to support the growing portfolio of corporate clients Wrigley Claydon looks after. Soibi will be assistant solicitor to John Porter, managing partner at the firm and offer legal advice, guidance and support to large corporations, SMEs and small owner managed businesses on Employment, Commercial/Corporate and Commercial Property matters.

    Of Soibi’s appointment, John Porter said, “We have been supporting businesses in Oldham for over 200 years. As the economy begins to grow again Soibi’s appointment will ensure that we have the capacity to support local businesses and help them to prosper.”

    Soibi joined in mid-January as a newly qualified solicitor after completing his training contract at Leslie Charles Solicitors, having done a secondment in Corporate at Manchester-firm JMW. He graduated from the University of Manchester in 2012 before completing his LPC at the University of Law. Soibi is passionate about business and enjoys the challenge of finding solutions for businesses.  He said, “I am very pleased to be joining such a prestigious firm. It combines the traditions and values that are so important in the legal profession, with excellent technology and an understanding of how modern business operates.”

    Soibi speaks French and German and is keen to learn Spanish. He hopes to utilise his language skills in his new role by offering his services as a translator, something which he hopes they will be of benefit to all Wrigley Claydon’s clients.

  • Todmorden office supporting Will Making Month 2016 with Age UK

    Todmorden office supporting Will Making Month 2016 with Age UK

    If you are looking at making a will Todmorden solicitors Wrigley Claydon are supporting Age UK’s Will Making Month during April 2016…

    Our Todmorden office are working with Age UK Calderdale and Kirklees and Age UK Todmorden throughout April 2016 as part of the charity’s ‘Will Making Month’ campaign.

    Making a will is the best way to ensure your wishes are carried out after your death.

    Make your will with us this April and help Age UK Calderdale and Kirklees and Age UK Todmorden provide services and support for older people.

    We are donating our time and expertise to write wills for Age UK supporters.

    All you have to do is contact the Wrigley Claydon Todmorden office on 01706 815712 and make an appointment between 1st and 30th April. Please say you are calling about Age UK Calderdale and Kirklees / Todmorden ‘Make a Will’ month.

    All we ask is that you make a suggested donation of £60 per person or £100 per couple which we will send to the Age UK on your behalf.

    This offer is open to anyone aged 50+, does not include home visits and only covers straight forward wills. More complicated wills may incur extra charge. Please check with us when you call to make your appointment.

  • Accessing personal messages at work advice from Oldham employment law solicitor

    Accessing personal messages at work advice from Oldham employment law solicitor

    The European Court of Human Rights (ECHR) ruled recently the dismissal of a Romanian worker in breach of his employer’s company policy was lawful.

    Bogdan Barbulescu, who was sacked in 2007 for sending personal emails from his work account, argued that his employer had breached his right to a private life by reading his emails.

    On instructions from his employer, Mr Barbulescu had set up a work Yahoo account. During working hours it emerged he had been sending emails to his brother and girlfriend, discussing topics ranging from his health to his sex life.

    The ECHR, in defence of their decision, set out that Mr Barbulescu had been forewarned by his employer that his emails could be checked. The court ruled that his right to a private life hadn’t been breached and that his employer was entitled to sift through his emails.

    In light of the decision, several trade unions have encouraged employers not to intentionally “snoop” through employee’s emails and to ensure safeguards are put in place. Simon Walker of the Institute of Directors, said “Employees should not be subject to Stasi-style surveillance at work.”

    Advice for Employees

    A few simple tips will help keep most employees out of the gaze of trouble:

    1. Firstly employees should resist the urge to send personal messages (including emails) from work devices

    2. Where personal messages are sent from personal devices, avoid using work WiFi and use your mobile data instead

    3. Send messages outside of work time, such as during lunchtime

    4. If you cannot resist the urge to look at your phone, then turn it off.

    Advice for Employers

    It is important that employers have procedures in place to protect themselves. One of the reasons the Mr Barbulescu lost is down to the fact his employer had a policy in place. Have you got the following in place:

    1. Social media policy

    2. Privacy policy

    3. Email and internet usage policy

    4. Staff Handbook?

    Wrigley Claydon has a dynamic Employment department and can assist you in drafting and advising on these policies. If you want to have a chat with a specialist Oldham employment law solicitor, give John Porter a call on 0161 785 3529 or email info@wrigleyclaydon.com.
  • Messiah flood relief fundraiser

    Messiah flood relief fundraiser

    Sunday 24th January saw our very own Antony Brannick conduct Todmorden Choral Society and Orchestra in a special performance of Handel’s ‘Messiah’.

    And special it was!

    Todmorden, along with several other places in the Calder Valley, was very badly affected by the flooding and torrential rain on Boxing Day 2015. As a resident of the town Antony was fortunate not to be directly affected but witnessed how many local people and businesses suffered.

    As Musical Director of Todmorden Choral Society he emailed the choir committee a day or two later and suggested they arranged a performance of Handel’s Messiah as a fundraising event (the Society are very familiar with the piece as they perform it annually at the beginning of Advent as part of their normal programme of concerts). The committee, choir and also the orchestra enthusiastically pledged their support.

    A number of professional soloists known to the Society also came onboard and agreed to waiver their usual fee. Other organisations (printers, caterers etc) also agreed to contribute in a similar way. Calderdale Council generously agreed to the use of the splendid Town Hall without charge. The choir and orchestra players were also asked to ‘pay’ for the ‘privilege’ of taking part.

    The performance was a sell-out and the atmosphere was amazing! Quite different from the usual pre-Christmas performance, with many ‘new faces’ in the audience.

    All the musicians gave their best and the huge rapturous applause at the end of the final Amen chorus showed the performance itself had been of a high standard.

    Soloists were Caroline Challis soprano, Emily Reaves alto, Adam Magee tenor and Dean Robinson bass baritone. Daniel Bath and Caroline Steer were continuo players and the solo trumpet was played by Chris Lewis.

    Antony and all those involved were delighted and surprised to learn that their fundraising efforts from the concert had topped £5,000! And with the Government pledging to match funds raised, that means £10,000 to the Calder Valley flood relief fund – a much needed contribution we’re sure.

    Antony would like to say a huge ‘Thank You‘ to everyone involved, particularly the performers who stepped up at very short notice to participate in this magnificent effort!

    Here’s to high quality amateur music making that is well and truly thriving in the Pennines!

  • Your Guide to Understanding Conveyancing

    Your Guide to Understanding Conveyancing

    Spring is a popular time of year for moving home. Many home owners may be looking to advertise their property for sale, and others will be looking to buy. Buying and selling a property is too often seen as a difficult or stressful process. This needn’t be the case.

    Whether it’s buying your first home, moving up the ladder into that dream family home, down sizing after the kids have left or selling up completely, moving home is an exciting time of new opportunities and adventure!

    Dealing with the legal side of a property transaction should be stress free, efficient and quick. The professionals you choose to help you should provide you with advice throughout the transaction and can initially talk you through what you need to do once an offer has been accepted on a property.  Your solicitors service should include:

    • Liasing with the seller’s/buyer’s solicitor with all the legal enquiries
    • Conducting searches on the property to identify any issues prior to sale/purchase, and advising on the findings
    • Exchanging contacts and paying the deposit
    • Completing the transaction

    At Wrigley Claydon we have a dedicated team of Property professionals who can guide you through the process. We promise to be up front about our fees, without any hidden extras and provide clear communication about the progress of your sale or purchase.

    Please do not hesitate to contact us for confidential, initial free advice to discuss how we can support you.  Please call 0161 624 6811 for enquiries – or fill in the form on this page

    A guide to buying or selling your home

    We have prepared two information sheets that cover the main points about Purchasing a Residential property and Selling a Residential property that you can download free by clicking on the links below:

    Free conveyncing purchase guide - a step by step guide to buying a new home
    Free Home Sellers Guide
  • Equality in the Workplace

    Equality in the Workplace

    In light of Stonewall’s recent employer’s survey, Wrigley Claydon have decided to look at equality in the workplace, and specifically at LGBT rights in the workplace, about which both employers and employees need to be aware.

    The law is set out in the Equality Act 2010, which establishes 4 types of discrimination:

    1. Direct Discrimination happens when a person is treated worse than another in a similar situation. For example, an employee who is dismissed after mentioning that she has a girlfriend.

    2. Indirect Discrimination happens where an employer creates a discriminatory policy across the organisation which disadvantages employees who are LGBT. For example, giving company cars to married couples, but excluding civil partners.

    3. Harassment involves harassing or making jokes about LGBT colleagues. Jokes can be innocuous or deliberate, but both can constitute harassment.

    4. Victimisation occurs when an employee is treated badly because of having made a complaint relating to sexual discrimination. It can occur to an associate of an LGBT colleague.

    Equality in the Workplace – How employers should act

    Here are top tips:

    1. Do not tolerate abuse of LGBT staff by customers or employees;

    2. Ensure there are no company policies that would indirectly discriminate against LGBT employees.

    3. Do take seriously any complaints LGBT staff may have. Make sure to deal with any bullying from other employees as a matter of priority.

    4. Do not disclose a person’s sexuality without their express consent.

    Equality in the Workplace – What can employees do

    Here are some suggestions:

    1. Firstly try to resolve the matter with the people who are bullying you. If they joke about you, ask them politely to stop.

    2. If your colleagues are more sinister, talk to your supervisor immediately. If you are afraid, take a colleague with you.

    3. If the matter does not improve, raise it with a senior manager.

    4. If discrimination persists, consider taking legal action against your employer.

    If you are concerned about Equality in the Workplace, whether you are an employer or and employee, please contact our Oldham employment solicitors for some initial advice. We would be happy to assist you at any stage step of your journey.

    Please get in touch with our Employment department directly on 0161 785 3529 or email John Porter jap@wrigleyclaydon.com or Soibilate Iketubosin si@wrigleyclaydon.com