Latest News

The latest news, insights and guidance from the Mercers Solicitors team…

Housing Conditions Cases: the cost of not following protocol

Some claims require parties to adhere to a set of rules, known as a pre-action protocol, prior to issuing and defending a claim. Housing conditions claims is one such type of claim that does have a pre-action protocol. The Protocol lays out the steps that must be taken, by whom and by when, before court […]

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Challenging Powers of Attorney

The Powers of Attorney Bill received its second reading last month and now moves on to the Committee stage. The Bill is to enable the efforts of the Ministry of Justice (MoJ) and the Office of the Public Guardian (OPG), under the banner of ‘OPG 2025’, to come to fruition. OPG 2025 aims at making […]

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Providing for a disabled child after you have died

Our March and October 2022 articles emphasised the importance of having a well drafted Will to make sure your wishes are carried out in the way you’d like when you die. This is particularly important for protecting disabled children who have specific, and often costly, needs that require special consideration. However, it can often be […]

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Guest v Guest [2022] UKSC 27: Has the ‘Lively Controversy’ been settled?

In determining awards for successful claimants in proprietary estoppel cases, courts have long had to grapple with a ‘lively controversy’, as coined by Lord Justice Lewison in Davies v Davies [2016]. The ‘controversy’ surrounds the fundamental aim of proprietary estoppel and, by extension, how to determine a claimant’s award. Lewison LJ explored whether the court […]

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Private Landlords: Do you know your obligations relating to Energy Performance Certificates? 

If you do not provide the tenant with an Energy Performance Certificates (EPC) you cannot serve a Section 21 notice to recover possession of the property.   And if your EPC is below minimum standard you cannot legally let your property and face a penalty.   A bill currently before Parliament is due to raise the minimum […]

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Can you claim interest in property if you have invested in improvements but are not the legal owner?

Usually you are not entitled to a share in a property or to recover your costs if you carried out works without the consent of the legal owner.   For example, a tenant who spends money improving a property cannot expect a reduction in rent or money back at the end of the tenancy.  However, if […]

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Writing a will – Should you instruct a Solicitor?

The Importance of Using Solicitors when Writing your Will  Your Will is one of the most important legal documents that you can sign in your lifetime. However, as it currently stands the Will writing sector in the UK is unregulated and there are no restrictions on who can prepare a Will. This means anyone, whether […]

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What is the Trust Registration Service (TRS) and do you need to register your Trust?

There is a legal obligation for trustees to register trusts on the TRS. Most express trusts now need to be registered, although there are some exclusions (see below). HM Revenue & Customs (HMRC) will enforce penalties if trustees do not register the trust by the applicable deadline or if trustees do not keep trust details […]

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What is a ‘Letter of Wishes’ and what are the benefits of having one?

A Letter of Wishes is a document that can be drafted to accompany your Will. It can provide important guidance to the executors, trustees and/or family dealing with your estate or with any trusts that are to be set up after your death. It sets out your views on how you would like your assets […]

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Commercial Rent Update:

Commercial Rent Update: new legislation has come into force which extends protections given to commercial tenants during the pandemic On the 24 March 2022, The Commercial Rent (Coronavirus) Act 2022 came into force with the intention of extending the protections afforded to commercial tenants during the coronavirus pandemic. The Act will apply to tenancies where […]

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Update your will week 2022

Half of Wills in the South of England are out of date – Oxfordshire SFE accredited solicitor calls for residents to review their Wills for “Update Your Will Week” 28th March -3rd April 2022 Research commissioned by SFE (Solicitors for the Elderly) has revealed that almost half (48%) of people living in the South of […]

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An Overview of Enduring Powers of Attorney

An Enduring Power of Attorney (EPA) is a legal document in which a donor gives a trusted person or persons (the attorneys) the right to make decisions on the donor’s behalf. The authority given by an EPA is limited to decisions about the donor’s property and financial affairs. It has not been possible to make […]

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