New arrangements coming for Parental Orders following Surrogate changes for same sex couples - read more on the "Spotlight on surrogacy" page. Marcus Malin
New family law department head joins the firm
We are delighted to welcome Marcus Malin to Young & Lee. Marcus is a very experienced specialist family solicitor, and he has joined us to take the department forward and build the team based on excellent services for our clients.
Marcus Malin
Professional Services Award winners 2009
We are delighted to have won the Professional Service Award at THE Midlands Business Awards 2009, which was sponsored by Chantrey Vellacott DFK Accountants. This prestigious award covered a wide range of professions including Banks, Accountants, Financial Advisers, Wealth Management Companies and the list of nominees were all excellent firms and companies.
Brian Herdman Chief Executive
More...
Vacancies...
One exciting new opportunity is available in commercial law. Click on our Jobs page to find out more...
Pre-Nuptial Agreements
English law has always been sniffy about the effect of pre-nuptial (sometimes-called ante-nuptial) agreements.
Even the phrase "pre-nuptial" is a bit antiquated, because such agreements can also be signed by partners about to enter into a civil partnership, as well as those about to get married.
Pre-nups are meant to set out what happens to the property and assets if the marriage or civil partnership is subsequently dissolved, but traditionally the courts have tended to ignore them.
The recent Radmacher case in the Court of Appeal may have changed this. English law has now been brought more into line with the USA and other jurisdictions, and the assumption now is that the terms of pre-nuptial agreements should be respected unless there are good reasons why not.
However, before entering into a pre-nuptial agreement, it's still essential that each partner is fully advised, and that each partner's financial position is fully disclosed. The agreement should also consider what happens if children are born, or if there are any significant changes to the financial position during the marriage or civil partnership.
Failure to deal with these matters may mean that the courts won't honour the agreement.
For further advice on pre-nuptial/civil partnership agreements, contact Baldish Khatkar, Head of the Family Department on 0121 633 3233.
News for employers
If you have a worker on long term sick leave, who has been unable, for that reason, to exercise their right to paid annual leave in a particular holiday year, then they are entitled to exercise the right at a later time. If they cease to be a worker, then they are entitled to pay in lieu.
The European Court has now reached its judgement on the long awaited point, as to whether a worker, who has been on long term sick leave for the whole or part of the leave year, and has therefore been unable to take paid holiday, has their paid leave rights extinguished at the end of the leave year, or is entitled to a carry over. The Court has ruled in favoour of the rights of the worker.
If you need advice on this, or any other points of employment or similar law, please contact Tim Lee on 0121 633 3233.
Young & Lee Solicitors fight for Camp Hill and Atherstone Dental Practices
The patients of two dental practices in South Warwickshire opened their local newspapers on Monday to find that Warwickshire Primary Care Trust had closed their dental practices for NHS work. Patients who had already booked dental appointments faced cancellation! The dentists themselves did not find out about the closures until later in the day!
Expert dental law solicitors Young & Lee Solicitors from Birmingham were immediately appointed by the dentists at Camp Hill and Atherstone practices to fight the case. Both practices are well regarded and established, and were staggered to find out what had happened
Young and Lee immediately took the case to the High Court in London. Mr. Justice Cranston upheld their application for an order that reverses the PCT’s actions until a further hearing later this month.
"This type of action is unprecedented", said Tim Lee, Dental Law expert and Corporate Law Director.
"The Dentists at Camp Hill and Atherstone are committed to fighting this attempted closure all the way."
"Meantime, their patients can feel reassured that the order that we have obtained today allows the practices to provide NHS treatment"
The case continues.
A spokesperson for Camp Hill and Atherstone Dental Practices has appealed to all patients who wish to help to send letters of support to Camphill Dental Practice, 206 Camphill Road, Nuneaton or Atherstone Dental Practice, 60 Long Street, Atherstone. A petition has already been presented, and the dentists are looking to get as many signatures as possible against the proposed closures.
Administrators, Bank Managers and Accountants, as from 1st January 2009...
The rules for Administrators carrying out pre-pack administrations have tightened. The new Statement of Insolvency Practice number 16 (available on www.insolvency.gov.uk) requires Administrators:
1. To provide the background to the Administrator's appointment
2. To explain why the proposed pre-pack is likely to be in the best interests of the creditors
3. To reveal to the creditors the buyer's name and the price paid.
4. To provide details of any connection the purchaser has with the former directors/shareholders
The rule changes are intended to provide greater transparency in the process. For further details please contact Tim Lee on 0121 633 3233.
YL, Contentious Probate matters on the increase!
The head of the Private Client Department, Keith Barritt, is taking on more and more disputes over Wills, Trusts and Estates for clients. See our "Spotlight" page to find out more about his services, and specifically we suggest you call him if you have an issue concerning asset tracing and recovery, breach of trust, Inheritance Tax issues, validity of Wills or cross border matters. Keith is based here in Birmingham.
YL, leading Bulgarian Property Solicitors,
Young & Lee are one of only a handful of firms handling property transactions in Bulgaria and are now the preferred buyers solicitors for the Yoo Bulgaria project. If you are thinking of buying a property in Bulgaria contact us and ask for Stuart Price, our Managing Director.
YL, leading regional firm looking after Dentists
Young & Lee are a leading Midlands legal practice for dentists. Advice ranges from buying and selling dental practices, disputes with PCTs over GDS and PDS Agreements, NHSLA applications and many more issues. Please contact Tim Lee for further details.
Phone: 0121 633 3233
"Young & Lee Solicitors" is a trading name of Young & Lee Solicitors Limited. English Registered company no. 6474634
Registered address: No. 6 The Wharf, Bridge Street, Birmingham B1 2JS: A list of Directors is available at the registered office.
This company is regulated by the Solicitors Regulation Authority: Service of documents by fax or e-mail is not accepted
