You are currently browsing the Paris Smith LLP Legal Blog archives for June, 2010.

Pre-nuptial agreements – tell us your thoughts?

June 30th, 2010 by Neil Davies

We have for many years advised couples who have wished to have pre-nuptial agreements prepared prior to marriage.  The main problem has always been the fact that they are not legally recognised as binding in this country and so it has always been uncertain as to what benefit, if any, could be achieved by the preparation of such a document.  This has caused a particular difficulty for couples who are forced to face the financial consequences of what may happen on separation at what is meant to be the happiest time of their lives.  Whilst we think that in certain circumstances pre-nuptial agreements can be of great benefit to couples, it is an expensive and potentially awkward exercise to go through without the certain knowledge that the exercise has been effective and worthwhile.

Paris Smith therefore welcome the fact that the Law Commission have been tasked with carrying out a wide ranging consultation on pre-nuptial agreements and to advise the Government on whether they should have legal effect in this country.  This will be against the background of the Supreme Court considering the Granatino case in which a husband was awarded a much lower financial settlement than he could otherwise have expected to receive due to the existence of such an agreement.

The Law Commission has asked for responses to be sent to it by Friday the 15th October 2010 and we are particularly keen to gather people’s views whether for or against binding pre-nuptial agreements.

If you have experience in this area or if you have been affected by a pre-nuptial agreement either to your advantage or not, please let us know what you think and we will be more than happy to pass on your comments to the Law Commission.  We are also more than happy to host a debate on the subject on our website.

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EMERGENCY BUDGET – enhanced support for innovation?

June 28th, 2010 by Emma Foster

The June 2010 Emergency Budget included a number of announcements relevant to the IP, IT and communications sector. Perhaps the announcement of most interest to businesses in the technology sector is the abolition of the IP ownership conditions, currently required for SMEs to qualify for enhanced tax relief for R&D expenditure.

UK tax legislation contains provisions designed to incentivise R&D activities by offering enhanced corporation tax relief for R&D expenditure.  The Emergency Budget announcement abolished the requirement that small and medium sized enterprises must own the intellectual property derived from the R&D expenditure in order to qualify for this enhanced relief.  The enhanced relief gives a corporation tax deduction of £175 for every £100 of qualifying R&D expenditure.

SMEs should review their research and development expenditure to establish whether the enhanced corporation tax relief can now be claimed on qualifying expenditure.  Small and medium enterprises which do not own the underlying R&D intellectual property might now be eligible for the enhanced relief.

Further changes to the treatment of R&D relief appear likely. The Government has said that it intends to consult with businesses to review the taxation of intellectual property and the support that R&D tax credits provide for innovation. The proposals in the recent Dyson Report, commissioned by the Conservative Party, recommended that R&D tax credits should be re-focussed on high technology companies, small businesses and new start ups to stimulate “a wave of technology growth”.  We will be looking out for more announcements relating to this as an indication of the Government’s support for innovation.

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Posted in IT/IP | 1 Comment »

Stepping Alone Into The Unknown

June 17th, 2010 by Daniel Sanders

This article was originally published in The Family Law Journal, issue October 2007.

With the numbers of litigants in person in family proceedings increasing, Daniel Sanders reveals the options for family lawyers faced with an unrepresented party.

In August 2004 a report was prepared by the Research Unit for the Department of Constitutional Affairs (DCA) on the levels of unrepresented litigants in the English and Welsh jurisdiction. The conclusions of that report identified that unrepresented parties in legal proceedings generally were “common” and that in family litigation there was a particular perception among litigants in person that lawyers were not always necessary or best placed to advance their interests. The report also recorded that there was an increasing trend in unrepresented litigants being “partially represented” during proceedings meaning that they were receiving advice or assistance on an ad hoc basis.

Today, the findings of the DCA report, in respect of family proceedings at least, are clear. There is now more than ever a regular trend throughout private family practice where individuals are preferring to ‘go it alone’ whilst retaining a solicitor, off the record, in the background.

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A Polished Convention?

June 17th, 2010 by Daniel Sanders

This Article was originally published in The Family Law Journal, issue June 2009.

Daniel Sanders discusses recent cross-border disputes involving Polish children and considers the way the Hague Convention and Brussels II Revised have been applied.

With cross-border disputes becoming increasingly common in Children Act proceedings, Daniel Sanders examines recent decisions regarding Polish children and the way in which the Hague Convention and Brussels II Revised has been applied in these cross-border conflicts.

With the expansion of the European Union in recent years and the resultant free movement across Europe of the workforce, comes the inevitable movement of families and the formation of new relationships. This in turn creates an international dimension to family life, and with that, an increased international focus in family law and an increased frequency of cross-border disputes. Poland joined the EU on 1st May 2004. In Southampton alone it is estimated that there are now some 25,000 Polish immigrants within a city population of approximately 250,000. This article will outline the basic principles of the Hague Convention and Brussels II Revised and will focus specifically on those cross-border disputes concerning children together with a snapshot of recent Anglo-Polish litigation which sheds some interesting light on the way in which international child law principles have, or have not, been applied.

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Posted in Children Act, Family Matters | 3 Comments »