March 2023 Newsletter
Kerseys Solicitors March 2023 Newsletter
A message from our Managing & Senior Partner, Peter Awad.
As you may be aware, as from 30 June 2023, I will be retiring as the firm’s Managing and Senior Partner, although I will be remaining with the firm as a part-time Consultant.
As from 1 July 2023, Kimat Singh will take over the position as the firm’s Managing Partner and Jane Riley will become the firm’s Senior Partner.
I would like to thank everyone at the firm for their ongoing hard work. I have greatly enjoyed my time with Kerseys over the years. My fellow equity partners have great qualities and strengths and I am confident that I will be leaving the management of the firm in very good hands. I wish everyone at the firm the very best for the future.
Key Dates
1 April 2023 – Minimum Energy Efficiency Standards Apply To Landlords
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) provide that it will be unlawful to continue to let a commercial property with an F or G EPC rating, even if the lease was granted before the regulations came into effect in 2018.
Increase in Statutory Rates
1 April 2023 – National Minimum Wage
- Increase in the national living wage for workers aged 23 and over from £9.50 to £10.42 per hour.
- Increase in the national minimum wage for workers aged at least 21 but under 23 from £9.18 to £10.18 per hour.
- Increase in the national minimum wage for workers aged 18 but under 21 from £6.83 to £7.49 per hour.
- Increase in the national minimum wage for workers aged 16 or 17 from £4.81 to £5.28 per hour.
- Increase in the apprentice rate from £4.81 to £5.28 per hour.
2 April 2023 – Family-Related Statutory Pay
- The rates of statutory maternity pay, statutory paternity pay, statutory adoption pay, statutory shared parental pay, and statutory parental bereavement pay, increase from £156.66 to £172.48 per week.
6 April 2023 – Statutory Sick Pay
- The rate of statutory sick pay increases from £99.35 to £109.40 per week.
8 May 2023 bank holiday for the King’s Coronation
- A bank holiday to celebrate the King’s Coronation on 8 May 2023 brings the total to three in the month. It is important to review your contract of employment to ascertain whether you are entitled to the bank holiday.
April 2023 – Capital Gains Tax
Capital Gains Tax is paid on gains you make when you sell or give away certain assets including any property that is not your main home, any shares that are not in an ISA or PEP, personal possessions over £6,000 apart from your car or business assets. Depending on the asset you may be able to reduce any tax you pay by claiming a relief.
In April 2023, the exempt amount will be reduced to £6,000 per annum for individuals and personal representatives and £3000 for most trustees.
The effect of this change is that anyone who sells or gives away an asset will be more likely to have to pay Capital Gains Tax.
18 April 2023 – Employment – ‘Fire and Rehire’ Code Consultation
The government has launched a consultation on new draft Statutory Code of Practice on Dismissal and Re-engagement, where it is used as means of imposing changes to terms and conditions of employment. The consultation of the draft code closes on 18 April 2023.
Legal Updates
Deputyship Orders
From 3 January the application process for Deputyship Orders changed and is no longer a paper-based system and instead are made via an online portal. The benefits of this online system are purported to be quicker processing of applications and subsequent Order being made and an overall easier application process.
The procedure of making a Deputyship Order Application differs heavily from the application procedure for making Lasting Powers of Attorney (‘LPAs’) which make a person can make whilst they have the capacity to allow trusted chosen persons to make property & financial decisions if the circumstances arise where they no longer have capacity. The Court fees at the time of writing for LPAs are £82 per LPA versus £371 for a Deputyship Order. The Court of Protection can charge an additional £494.00 if they decide your application needs a hearing.
The complexities around Deputyship Order and Lasting Powers of Attorney remain and therefore it is ever more important to seek guidance when intending to make a Deputyship Order and/or Lasting Powers of Attorney.
What is an LPA?
Why Make a Will?
What Happens If You Don’t Make a Will
Legal Updates
Divorce – I’m divorced… that’s it…isn’t it?
Being divorced does not mean this ends a financial claim against one another – click to read more.
Cohabitation Law – Redressing The Imbalance – Another Blow
It is staggering that we coming up to the 40th anniversary of the infamous case of Burns – Burns [1984] whereby Valerie Burns had no beneficial entitlement to the family home, even after 19 years of being in a relationship.
Outside of parties entering into civil partnerships, the case law which has developed around Schedule 1 of the Children Act 1989 and the Trusts of Land and Appointment of Trustees Act 1996 is often contradictory, confusing and still does not provide adequate remedies for the vast majority of people.
If you are living together but not married it is worth considering a Cohabitation Agreement – click to read more about Cohabitation Law.
- Consider a Cohabitation Agreement.
- Ensure you have an up to date Will – unmarried couple are not recognised under law.
When buying a property decide on whether you are buying as joint tenants or tenants in common.
Our Firm
Kerseys celebrated International Women’s Day on 8 March by putting together a video montage of some of our fantastic female members of staff – the video was well received, giving everyone an insight as to what they do in the firm as well as what they like to do in their spare time – click here to view
Watch out for International Men’s Day in November.
Kerseys continues to sponsor the arts in Colchester and Ipswich. The firm has been sponsoring Colchester & Ipswich Museum Services’ ‘Landscape Rebels’ art exhibition which is currently on display at Christchurch Mansion until 16 April 2023. The exhibition seeks to raise awareness of nature and landscape through art and includes artworks by J M W Turner, John Constable and Claude Monet on loan from the National Gallery alongside natural history, costume and a series of high profile contemporary commissions from visual artists, scientists, film makers and innovators. This follows the firm’s successful sponsorship last year of Colchester & Ipswich Museum Services’ exhibition ‘Creating Constable’ again at Christchurch Mansion. If you are in Ipswich town centre and have a spare hour available, the exhibition ‘Landscape Rebels’ is very much worth a look.
Kerseys Charity of the Year this year voted for by our staff will be MIND helping the charity to be there for everyone who needs them. Many people experience mental health problems throughout our lives and it is important to raise awareness that this is not a sign of weakness. We must allow ourselves to not be afraid to speak to someone and get help when needed. You are NOT alone.
Some of our staff are taking part in the Midnight Walk 2023 for St Elizabeth Hospice heading of from Portman Road – we wish them all the best.
The hospice relies heavily on support from us all, they are not government funded.
- £10 contribution covers 90-minute consultation between a nurse consultant and patient in the hospice.
- £25 could pay for clinical support and advice to a family member.
- £47 could fund a physiotherapy session for a patient.
- £74 could fund a one to one bereavement session with a trained counsellor
- £146 could fund a nurse for a day providing clinical care and support to patients.
Midnight Walk – St Elizabeth Hospice
Tips for your device
Have you upgraded to a Windows 11 pc or laptop?
If your home pc or laptop is not eligible to upgrade to Windows 11 your only choice is to purchase a new device with Windows 11.
Windows 10 is supported until 2025 at which point Windows 10 will be obsolete.
If you are still using older windows operating system, please consider upgrading, do not use devices that are not supported with security updates, keep up to date and stay safe.
If you have not setup your device to download updates automatically and wish to know how to perform windows updates, you can in Windows 10 click the Start Windows logo Start button, click Settings, click Update & Security,
click “Check for updates”.
