News

Here are some of our latest blog posts.

The hidden costs of buying a home: What to budget for beyond the deposit

Buying a home is one of the biggest financial commitments most of us will ever make.

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Unmarried Couples and Separation: What Legal Rights Do You Have?

When an unmarried couple separates, many assume they have the same rights as divorcing spouses.

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How to Prepare for Your First Meeting with a Family Law Solicitor

Taking the first step to seek legal advice about a family matter can feel daunting but being prepared can help.

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The Impact of the recent case of Standish v Standish in Matrimonial Proceedings

The case of Standish v Standish [2024] has marked a pivotal moment in the development of matrimonial law.

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7 Questions to Ask Before Choosing a Conveyancer

Whether you're buying, selling, or re-mortgaging a property, choosing the right conveyancer can make the difference

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Understanding the overage clause when buying and selling land

When land is bought and sold in the UK, especially if it has the potential to be developed in the future, overage clauses are often included.

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Preparing for a Summer Co-Parenting Schedule

For separated or divorced parents, summer can be a time of joy, but also a time of added logistical challenges. School holidays bring longer breaks, travel plans, and changes to usual routines, all of which require careful planning when co-parenting.

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What Happens if You Die Without a Will?

Many people put off writing a Will, often thinking it's something to worry about later in life. But what happens if you die without one? When someone dies without a valid Will in place, they are said to have died intestate.

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How to Navigate Finances During Divorce

Dividing finances during a divorce can be one of the most challenging aspects of the process. At MBH Solicitors, we’re here to help you understand your rights and reach a fair and workable agreement. Here’s what you need to know.

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What to Expect When You Contact a Family Law Solicitor

Whether you’re facing a divorce, trying to resolve issues around child arrangements, or seeking legal guidance on finances or separation, our family law team is here to offer clear, compassionate, and practical advice.

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Meet Paula Caldwell: Legal Advisor at MBH Solicitors

One of our valued team members is Paula Caldwell, a Legal Advisor specialising in Family Law and Private Client matters. With over 25 years of experience, Paula brings extensive knowledge and a compassionate approach to every case she handles.

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Meet Alison Norris: Litigation Expert at MBH Solicitors

Alison Norris is a valued part of our litigation department. With over 30 years of experience, Alison has been with MBH for the past 3.5 years, providing expert legal advice and representation in a wide range of litigation matters.

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Celebrating National Apprenticeship Week

At MBH Solicitors, we’re proud to celebrate National Apprenticeship Week and highlight the incredible contribution our apprentice, Georgia Wall, is making on her journey to becoming a fully qualified solicitor.

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MBH Sponsors the Charity Fundraiser at the Wigan Borough Business Awards 2025

At MBH Solicitors, we are proud to sponsor the Charity Fundraiser at the Wigan Borough Business Awards 2025.

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Marriage vs Cohabitation

Explore the key differences between marriage and cohabitation, focusing on the legal implications of each.

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Understanding Child Arrangements: A Detailed Guide for Parents

Navigating child arrangements after divorce or a separation can be one of the most challenging aspects for parents.

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What does a Labour Government mean for Private Landlords?

We are entering a transformative period in housing law and policy under a Labour Government who have a series of ambitious plans aimed at addressing the chronic housing shortage.

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Cohabitating Couples & Their Legal Rights

Cohabitation, where couples live together without being married, has become increasingly common in the UK. However, many cohabiting couples are unaware that they do not have the same legal rights as married couples.

View More Cohabitating Couples & Their Legal Rights

Making a Will – All you Need to Know

Writing a Will isn’t something we like to think about, but that doesn’t mean it isn’t important. No matter what stage of life you are at, you should have an up-to-date Will written and ready just in case the worst happens.

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The Fair Share Report 2024: Sorting Out Money and Property on Divorce

Divorce, while a common occurrence, remains a complex and often emotionally charged process. One of the most contentious aspects of divorce is the division of money and property.

View More The Fair Share Report 2024: Sorting Out Money and Property on Divorce

MBH & CPS Work Placement

MBH Solicitors have recently in collaboration with the Crown Prosecution Service (CPS) provided a secondment to an aspiring solicitor who required experience in different areas of law before he was able to qualify.

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Can I get a Divorce?

The decision to get a divorce is not an easy one, even when it’s mutual between you and your partner.

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Wood burning stoves

What you need to know when buying or selling your home

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Japanese Knotweed

An estimated 5% of UK property are affected by this species and this can down value the property in question by approximately 5-15% or in extreme cases making it unsaleable.

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Addition to Partnership

MBH Solicitors are pleased to announce that Rowena Foat has been named its newest Partner and Head of the Private Client Department.

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What are Lasting Powers of Attorney and why should you set them up?

A Lasting Power of Attorney (LPA) protects your best interests and the best interests of your loved ones.

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Is your fixed rate mortgage product due to end?

The last 2 years in the Conveyancing world have been extremely busy due to Covid and the pent up demand in the housing market.

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Lifetime ISAs

Lifetime ISAs are becoming more prominent given that first time buyers are no longer able to open a Help to Buy ISA.

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No Fault Divorce – Starts today

The new law which is introduced today will allow parties to divorce without blaming each other in a divorce application.

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Remarriage and Financial Arrangements

Can I remarry before Financial Arrangements are agreed? A guide to S.28(3) of the Matrimonial Causes Act and the impact or remarriage on financial arrangements.

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Family Mediation Update

Going through disputes can be emotionally challenging whether they be divorces, finances or trying to agree on the best arrangement for your children. Settling these disputed can also be also be financially challenging.

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Uncovering the Myths of Family Law – Why is it Important to Seek Legal Advice?

For many us of, when we are faced with an unknown situation and we are looking for a quick solution, our automatic reaction is to search online. However, with so much “fake news” out there, does our search engine provider always have the answer?

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Pets and Divorce – Who Should Keep the Family Pet?

More often than not, families have a furry friend which become a big part of their lives. But when relationships breakdown, it is not uncommon for arguments to arise as to who the pet shall live with.

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What is a No-Fault Divorce?

The no-fault divorce bill has now been passed by parliament and has since attained royal assent on 25 June 2020. It is anticipated to be implemented by Autumn 2021, however, no date has been fixed.

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SDLT Holiday Extension announced in today’s budget. How does this affect Buyers?

Good news for house buyers as Chancellor Rishi Sunak has today confirmed in his budget speech that the stamp duty will be extended.

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Commercial Property – Update to the Use Classes Order

On 1st September 2020 The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 brought in various changes to the planning use classes.

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Exciting Announcement – Name Change & LLP

We are delighted to announce our decision to convert to a Limited Liability Partnership (LLP) which will be effective 1st January 2021. The firm will become McCarthy Bennett Holland Solicitors LLP, trading as MBH Solicitors.

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Congratulations to our newest partner

MBH are also pleased to announce that Sammy-Jo Woodward has been named its newest Partner. The promotion strengthens one of the firm’s core practice areas: Residential Conveyancing and adds further depth to the firm.

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Why should you choose a local firm of solicitors to deal with your conveyancing transaction?

There are many online conveyancing firms advertising both online and on social media that claim to offer the same level of service as local solicitors and conveyancers at a lower price, however sometimes these offers can be too good to be true as there are often extras.

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Making a Will

With the Covid-19 pandemic and especially the lockdown, we had an unprecedented demand from clients wishing to make a will so as to ensure the correct persons inherit from their Estate.

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Shareholder’s Agreements – What are they?

Shareholder agreements regulate the relationship between shareholders

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Help to Buy – Is the current scheme ending?

The current Help to Buy scheme is set to end on the 31st March 2021.

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What is a No-Fault Divorce?

The no-fault divorce bill has now been passed by parliament and has since attained royal assent on 25 June 2020. It is anticipated to be implemented by Autumn 2021.

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Temporary SDLT Relief for residential properties

On 8th July 2020 the Chancellor of the Exchequer announced a temporary holiday for SDLT on the first £500,000.00 of all property sales that take place in England and Northern Ireland between 8th July 2020 and 31st March 2021.

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Land Registry Update – Electronic Signatures

When buying a house, one of the most significant moments for the parties involved is the signing of the contract documentation. Until recently, the Land Registry would only accept the original “wet” signature to the documentation to reduce the risks of fraudulent transactions.

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Retirement for Paul Aynsley

McCarthy Bennett Holland Solicitors (MBH) would like to announce the retirement of their senior Partner, Paul Aynsley as from 1st May 2020. We are sad to see him go but wish him all the best in his retirement.

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Update on Covid-19 and Compliance with Child Arrangement Orders

It is understandable that parents have been extremely concerned about adhering to Court Orders during these unprecedented times, and of course, when they will next be able to see their children.

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Covid-19, Separated Families and Court Orders

It is likely that separated families will have a number of questions, whether they can still see the children, or whether a Court Order will be enforceable during this time.

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The dangers of DIY leases

It may be tempting for both landlords and tenants of commercial properties to try and save money on legal costs by dealing with the matter between themselves. There are a number of downfalls that a landlord / tenant may fall foul of.

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Children Matters and the Courts – What Orders Can I Apply For?

During divorce proceedings, an application is often made to the Courts when there are disputes between parties in respect of children matters.

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Can I refuse a new business lease because I want to move in to the property?

Unless a lease is contracted out, a business tenant has a right to a new lease upon expiry of their contractual term, subject to limited grounds.

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I want to sell my leasehold property but I do not have long left on my lease

A property with a limited number of years left on the lease may be hard to sell because prospective buyers are likely find it difficult to obtain a mortgage.

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Protect your land and property from fraudsters

Property fraud is on the increase as fraudsters are using sophisticated tactics and targeting properties by pretending to be you so that they can try and sell or mortgage your property and pocket the proceeds.

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Searches

As part of your purchase of a property, we would always recommend that searches are carried out. If you are purchasing with the assistance of a mortgage, the majority of searches are required by lenders and we will therefore be required to carry out searches in this circumstance.

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My Work Experience at McCarthy Bennett Holland Solicitors

I was given the opportunity to attend a work placement, courtesy of MBH Solicitors, to further my knowledge regarding my dream job as a solicitor.

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Civil Partnerships for opposite sex couples!

On 31st December 2019 , legislation allowed allows heterosexual (‘straight’) couples to enter into a civil partnership rather than marriage if they so wish.

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Retirement for Mark Boon

McCarthy Bennett Holland Solicitors (MBH) would like to announce the retirement of their Consultant and former senior Partner, Mark Boon

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What is an option agreement and how can it benefit you?

An option agreement is a contract between the landowner and a potential purchaser / developer of the land or property, which grant the purchaser / developer an option to purchase the land / property at anytime during an agreed ‘option period’ in return for an ‘option fee’.

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Landlords need to be aware – Plans to abolish Section 21 evictions

The government intend to abolish section 21 of the Housing Act 1988 (also known as ‘no fault’ repossessions).

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Family courts ‘running up a down escalator’ due to increase in cases

In recent years, particularly since 2016 onwards, the family Courts in England and Wales have seen a sudden surge in private law childcare matters. Sir Andrew McFarlane (The President of the Family Division of the High Court) compared the process of the overloaded Family courts to “running up a down escalator”.

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I’ve been ordered to attend a Separated Parents Information Programme – What Does This Mean?

A Separated Parents Information Programme (commonly known as a SPIP) is a course which parents can be ordered to attend as part of family Court proceedings regarding their children.

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Leasehold Axed For All New Houses

The Government following a lengthy review have concluded that all new build houses will now be sold as Freehold to tackle the unfair leasehold practices that have been prevalent in the housing market within the last few years.

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What Happens to my Digital Information When I Die?

In an age of increasing digital progression, it is more important than ever to ensure that you have a Will. Whereas once upon a time, your loved ones would have accessed to photo albums and video tapes, many of our treasured memories are now stored electronically.

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We are Dementia Friends and Age Friendly

Here at McCarthy Bennett Holland we want to ensure all our clients are looked after and feel comfortable and welcomed at all stages through their matter.

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Civil Partnership: a way to reduce the risks of just ‘living together’?

This month, legislation came into force which allows heterosexual (‘straight’) couples to enter into a civil partnership rather than marriage if they so wish. Until now, civil partnership has only been open to same sex couples.

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Help To Buy Isa – Time Is Running Out!

With effect from November 2019 you will not be able to open a Help to Buy ISA account. However if you already have a Help to Buy ISA you will have until December 2030 to claim the bonus.

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Who Needs a Will? EVERYONE!

Figures tell us that over 60% of the population do not have a Will. Of those people, over 80% have minor children.

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Work Experience at MBH Solicitors

During the past week, I have been part of the team at McCarthy Bennett Holland. Despite studying law at college, I wasn’t fully aware of what being a solicitor meant.

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Divorce ‘Blame’ To Come To An End?

At the moment to obtain a Divorce, the Petitioner (person issuing the divorce) has to prove that there has been an irretrievable breakdown of the marriage evidenced upon the ‘fact’ of adultery, behaviour, 2 years separation with consent, 2 years desertion or 5 years separation with no consent.

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Are Millennials Refusing to Get Married?

Over many decades, the allure of marriage has evolved from a share of labour, financial arrangement and the ultimate fairy-tale to show commitment. However, this trend appears to be shifting with more and more millennials either putting off marriage or not getting married at all.

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Divorce Proceedings And Post Separation Income

We have a lot of enquiries as to what happens with income and assets that have been accrued after parties have separated from their spouse but prior to Divorce.

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Unfaithful Friday?

We have woken up to the news that a survey has been released by a dating website for married people, revealing that there is increased activity today in those searching for an extra-marital affair. The media has dubbed this day unfaithful Friday.

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Should I Stay or Should I Go?

Should I Stay or Should I Go? Ant McPartlin “Told Off” by High Court Judge for Non-Attendance at Hearing

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Civil Partnerships for All!

Theresa May has today announced that heterosexual couples in England and Wales will be able to choose to enter into a civil partnership rather than to enter into a marriage.

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Should you re-register a child’s birth if you later marry?

The first thing you should consider is whether the father has parental responsibility.

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Stuck In An Unhappy Marriage – Literally

It has been in the headlines recently regarding a couple who wished to Divorce but did not pass the test of unreasonable behaviour and as such the Courts refused to grant them a Decree of Divorce.

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Cheryl & Liam – Kids, Houses & Separation

No doubt everyone is aware of the separation of Cheryl and Liam. But what happens next? Well the law is the same for everyone regardless of whether you are famous or not.

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Civil Partnerships For All

A heterosexual couple have won their application for the right to enter into a civil partnership rather than a marriage. This has overruled a previous judgement made by the Court of Appeal.

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Fresh Legs & New Blood for McCarthy Bennett Holland

Mark Boon having been a partner in MBH Solicitors for 34 years has decided to retire as a Partner with effect from the 30th April 2018.

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What about Liam?

For many parents, it can be a conundrum choosing a name for their new baby. We are all aware that there has been a decline in the use of traditional names being chosen by parents for their children, often opting for something more unique, evening including Gandalf and Superman.

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Who Owns the Engagement Ring?

We are approaching perhaps the most romantic time of the year and it is often the case that there will be an increase in marriage proposals around Valentine’s Day.

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Can I change my child’s name?

I am often asked following the breakdown of a relationship whether it is possible to change a child’s name; perhaps the father has been absent for a long period of time or does not pay any maintenance or the mother remarries.

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Summer, summer, summertime, time to sit back and unwind” or maybe not?

The summer holidays are fast approaching and this is usually a time when families are packing their suitcases and heading to the airport to enjoy a much needed break in the sunshine.

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Obtaining Information from a Judgment Debtor under CPR 71

It is often the case where someone is owed money, be that under a judgment debt or not, and the debtor quickly becomes elusive and non-responsive.

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Third Party Debt Orders (TPDO) Under CPR 72: Enforcement of a Judgment Debt

Where a judgment debtor continues to refuse to pay, there is still a card left to play which should be within the repertoire of any specialist litigation solicitor, that of the Third-Party Debt Order.

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How to Repossess a Tenanted Property under Civil Procedure Rule (CPR) 55

In short, there are two main ways by which a residential landlord can take back possession of property let on an assured shorthold tenancy (AST)

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An Analysis of Personal Injury Awards in Ancillary Relief Proceedings

On divorce or separation, parties often issue financial proceedings to divide the matrimonial assets. This is a difficult process in itself but further complications can arise where one party to the proceedings has received a personal injury award post-separation.

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Implications of the Pre-action Protocol Changes relating to Debt Claims

Currently, there is no specific Pre-action Protocol that needs to be followed in respect of debt claims, claimants must simply follow the general Practice Directions on Pre-Action Protocol under the Civil Procedure Rules.

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Children & Communication

Disputes over children are becoming more and more common as time goes on. The Courts have tried to combat this by insisting that for every dispute over children the parties have to attend mediation before they are able to turn to the Courts.

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A New Direction for Legal Privilege and its scope under the Data Protection Act 1998?

The recent case of Dawson-Damer and Others v Taylor Wessing [2017] has shone a light on the extent to which solicitors can rely on the protection of legal professional privilege where an individual wishes to retrieve/see information held about them by others, regardless of their reasons for requesting it.

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Cohabitation: What is yours if your partner passes away?

Last week the Supreme Court gave judgment in favour of a Claimant who sought provision under the pension scheme of her deceased cohabitee. In summary, the couple were only engaged for two days before the untimely death of Mr McMullen.

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Divorce Day – True Or False

Everyone by now will have heard of ‘Divorce Day’ or ‘Divorce Week’. According to countless newspapers and social media it is the first day / week of the month when we family solicitors are inundated with calls.

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Lasting Powers of Attorney: Role of the Attorney

It can be a very difficult time when someone we know or love starts to become unable or incapable of making their own decisions.

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Survivorship in light of Jump v Lister [2016]

A recent case in the High Court has highlighted some potentially serious problems with the construction of many Mirror Wills.

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I’m a Member of Resolution

I’m a proud member of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

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Sammy-Jo Woodward Qualifies as a Licensed Conveyancer

After completing my law degree and gaining experience here at McCarthy Bennet Holland, I completed the CLC’s course for Licensed Conveyancers.

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Cohabitation law is failing 3.3 million families, says Resolution

Figures published by the Office of National Statistics reveal that there are now 3.3 million cohabiting couple families in the UK, with the number more than doubling over the last twenty years.

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Unmarried Couples & the Common Law Myth

Many couples who are unmarried (or have not entered into a civil partnership) whether heterosexual or homosexual believe that once they have been in a relationship with their partner a specific length of time or have children together they establish legal rights.

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Estate Planning: The Tax Implications of Lifetime Gifts

It is well known that a person making a will or planning their estate can make significant tax savings through the giving of gifts that fall within an exemption to tax or where they are deemed to be potentially exempt transfers (PETs).

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Digital Assets on Death: I leave my Facebook account to…

A question that many people do not stop to consider is what, if anything, happens to your online presence when you die? Most of us now possess some form of digital asset, be it an Email account, Amazon, online banking or simply the sharing or streaming of our photos and videos online.

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Neighbour Disputes: Getting to the ‘root’ of the problem

Many people overlook the costly potential damage which can be caused, sometimes completely unknowingly, by a tree root. It can create major issues for you and your neighbours and cause significant damage to property in the process.

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Intestacy: Who Gets What When There Is No Will?

In 2014, new rules (The Inheritance and Trustees’ Powers Act 2014) were introduced to dictate what will happen to your estate in the event that you should die intestate (without having made a valid will).

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Hiding Assets on Divorce: Sham Trusts

The use of Trusts involves the removal of an asset from an individual’s ownership, therefore potentially reducing or eliminating a third parties claim against said asset(s) in situations such as bankruptcy, death and divorce.

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Inheritance Tax Relief: Where there’s a Will, there’s a way!

On or after 6 April 2017, the government are proposing to introduce significant changes to the current Inheritance Tax rules.

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MBH Welcomes 3 New Trainee Solicitors

McCarthy Bennett Holland Solicitors (MBH) welcome three trainee solicitors into the firm who will commence their training contracts this month.

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Wigan 10K & The Lewy Body Society

On Sunday 4th September 3 members (myself included) of McCarthy Bennett Holland will don their workout gear and attempt the Wigan 10k.

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Stamp Duty & Additional Homes

For those of you buying a 2nd, 3rd or even 14th home you will probably know about the changes to the law that come into effect on Friday 1st April 2016.

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Can’t Afford Legal Representation?

Nine out of 10 people who have gone through the family courts, suffer strain in their mental and physical health, working lives and finances, according to a report by Citizens Advice due out this week.

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Civil Partnerships v Marriage

At the moment the law states that only same sex partners can enter into a civil partnership. However, civil partnerships were originally introduced to English law in 2004 to allow same sex couples legal recognition for their relationships.

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The importance of Shareholders’ Agreements

I would like a colleague to come on board as a director and shareholder in our business but I have invested more time and money in it to date. How can we reflect fairly our respective inputs?

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What is a ‘Lasting Power of Attorney’?

I have been advised to sign a ‘Lasting Power of Attorney’ but I don’t know whether I need to. What is the document and how does it work?

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Dealing with directors’ disputes

It’s a fact of life that directors and shareholders of businesses won’t always get on; the close working partnerships that these roles require can put a great deal of strain on a relationship, particularly where livelihoods and income are concerned.

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A hard lesson in honesty in family legal cases

It’s always important to be honest and disclose all relevant information and facts in any legal case. A recent decision in the Supreme Court demonstrates why, and how you can be seriously disadvantaged if you’re economical with the truth.

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Enfranchisement – how it works & what’s involved

Another tenant in my apartment block has suggested that we seek to buy the freehold of our property. Is it possible to do so and what is involved in the process?

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Sharing the care of children – a study of child care cases in the Courts

A recent study, supported by The Nuffield Foundation and carried out by experts from the Universities of Reading and Warwick, looked at decisions reached by the County Courts in England and Wales in child care cases.

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What costs are involved in divorce proceedings?

My estranged husband and I are considering divorce but I am worried that I won’t be able to afford the process. What costs should I expect?

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Thinking about getting divorced? Act now! Court fees are on the rise!

The government has recently announced that they intend to increase the Divorce Petition fee later this year from £410 to £550 (a rise of £140).

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Divorce and Irreconcilable Differences

I have many clients come to see me stating that the marriage has broken down and they wish to divorce based on “irreconcilable differences”. It seems that there is a lot of confusion regarding the divorce procedure.

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What are your employee rights when you are asked to relocate?

My employer has told me that I need to relocate to a different workplace. What are my rights and am I able to insist on a salary increase to compensate?

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Leaseholder consents: understanding your lease terms

When completing the purchase of your new home, particularly where a property is held on a long lease instead of freehold, it is often easy to let the finer details pass by unnoticed as you focus your attentions on getting the keys and moving in.

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Explaining Occupation Orders

Under the Family Law Act 1996, the Court can make an Order to state who has the right to occupy the family home or, if necessary, who is to be excluded from it.

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Summer Budget 2015 round-up

The Chancellor recently presented the new government’s first Budget to Parliament. The first Conservative budget in 19 years, the emphasis was very much on deficit reduction and streamlining of the welfare system.

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What to look for when investing in a small business

I am interested in buying a local business. I’m not sure what I should be looking for and would like some guidance on the legal steps to take.

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Returning tenancy deposits – how to lodge a claim if your landlord won’t repay

I have come to the end of my tenancy of my property but the landlord now refuses to return my deposit. What can I do?

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Making sense of Separation Agreements

My wife and I have recently separated. How can I make sure that I still see the children and that we each have access to money to enable us to find new homes?

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Buying on the doorstep – what are my rights?

Many people find themselves signing up for products or services they neither wanted nor needed in the heat of the moment and later come to regret their decision.

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How do personal injury claims work?

I have suffered an injury in a car accident and would like to make a claim but I don’t know where to start. How do personal injury claims work and will using a solicitor be more expensive than a claims company?

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Q: I am not married to my partner; do I have ‘common law’ rights?

Unfortunately, there is no such thing as ‘common law’ wives and husbands; unmarried couples, whether heterosexual or same-sex, cannot establish legal rights regardless of whether they are together for a long time or if they have children.?

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Team MBH: A Growing Wigan Business

McCarthy Bennett Holland is delighted to welcome family and matrimonial lawyer Gillian Lavelle to the fast-growing firm.

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Small business workshop: setting up a limited company

I am starting my own small business. Should I set up a limited company? What would the benefits be and how would I go about it?

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