July 2011
The Bribery Act 2011
We informed you in last month's news letter of the coming into force of the Bribery Act on the 1st July. It is early days but there is ...
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July 2011
The Bribery Act 2010
The Bribery Act came in to force in 1st July 2011. The Act makes it an offence for a UK citizen or resident to pay or receive a bribe. The a ...
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July 2011
SDLT Changes
From 4 July 2011, the new SDLT1, SDLT3 and SDLT4 forms must be used and a unique identifier for the lead purchaser supplied to HM Revenue & ...
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July 2011
The Bribery Act 2011
We informed you in last month's news letter of the coming into force of the Bribery Act on the 1st July.
It is early days but there is no doubt that it will put pressure on corporate entities doing business in the UK to ensure they have anti-corruption procedures in place.
The act has introduced a new comprehensive anti-bribery code and introduces criminal penalties for individuals and businesses.
The Act creates 4 new criminal offences: bribing, being bribed, bribing a foreign official and, for a business, a new offence of failing to prevent bribery by an "associated person and which includes people working for or on behalf of your company such as your agents, subsidiaries and employees.
From the 1 July this year all companies will be liable to an unlimited fine where any members of staff or associated persons (that is, anyone who performs services for or on behalf of that company including your associates, agents and employees) engage in bribery (giving or receiving) in connection with their duties. A company could become responsible for bribery carried out by its employees without its knowledge or consent under the Act.
The only available defence for companies is that they had "adequate procedures" in place to prevent or detect such conduct. However, the major difficulty faced by businesses remains the lack of precision about what is considered "reasonable and proportionate".
However, companies can escape liability if they show that they have adequate procedures designed to prevent bribery in place.
The Act will give companies more certainty over what constitutes bribery but will place greater obligations on companies to tackle corruption and to introduce transparent and adequate procedures to prevent and detect bribery. In particular, those who operate in perceived "higher risk" areas should seek specialist advice to ensure appropriate measures are put in place and we can help you to ensure appropriate measures are put in place.
Please contact us if you would like further information.
July 2011
The Bribery Act 2010
The Bribery Act came in to force in 1st July 2011. The Act makes it an offence for a UK citizen or resident to pay or receive a bribe. The act covers offences in the UK and abroad and is enforceable in the public and private sectors.
Corporate bodies can also be responsible for the offence where their employees, agent or associates have received a bribe. There are three offences created under the Act and it is recommended that companies put in place due diligence procedures to ensure that they business relationships that they engage in do not fall foul of the Act.
Areas which companies must take more care in cover the receipt and payment of referral fees, charitable donations and hospitality.
July 2011
SDLT Changes
From 4 July 2011, the new SDLT1, SDLT3 and SDLT4 forms must be used and a unique identifier for the lead purchaser supplied to HM Revenue & Customs (HMRC). The unique identifier will take the form of a national insurance number and date of birth for individuals, and a unique taxpayer reference or VAT registration number for companies and partnerships. Lead purchasers who are unable to provide any of these unique identifiers should contact the Stamp Taxes Helpline on 0845 6030135 to obtain a reference number.
HMRC has warned that any stamp duty land tax (SDLT) returns submitted on or after 4 July 2011 using the old forms or without the required information will be rejected. This may result in the purchaser incurring a penalty charge where a correctly completed SDLT return is submitted outside the 30 day deadline and a subsequent delay in registering the title at Land Registry.
October 2009
Pre-nuptial Agreeements
Pre-nuptial agreements have resurfaced in the press recently following on from a recent case whereby a pre-nuptial agreement signed in Germany was recognised in this country. Whilst strictly speaking pre-nuptial agreements are not binding in law, there is merit in considering such an agreement prior to marriage or a civil partnership as it seems that the law is moving in a direction that will recognise these types of agreements.
October 2009
The Companies Act 2006
The Companies Act 2006 reached the final stage of implementation on 1st October 2009. The changes include protecting director's addresses from disclosure, allowing companies to provide an alternative address for inspection of company records, making it easier to set up a company and making changes to the articles for new companies. If you require any further information on these changes please do not hesitate to contact John Morse or Andrew Sivertsen.
October 2009
The Supreme Court
As from the 1st October 2009 The Supreme Court has opened its doors as the highest Appellate Court in the country. The new Supreme Court replaces the House of Lords in this capacity.
October 2009
New Addition
As from the 1st October 2009 John Morse Solicitors has merged with Michelle Valerio Solicitors and will now practice under the name John Morse Solicitors incorporating Michelle Valerio.
July 2009
Property News
This month has seen an increase in Land Registry Fees for certain transactions. There will also be a change in the procedure for registering mortgages at the Land Registry from 3rd August 2009. Please contact Laura Johnson for further information.
July 2009
John Morse Solicitors News
John Morse Solicitors has recently been recognised as a "Top Rated" Law Firm and the firm has joined "Quality Solicitors", a legal network providing links throughout the legal market.
Andrew Sivertsen has also recently been appointed as Chairman of the Gower Scouts, Parc Le Breos Camp Site Committee. Andrew has worked for the Scout Association for many years and was honoured to receive this appointment.
John Morse Solicitors now also offers Home Information Packs (HIPS) for £250 inc VAT.
July 2009
Licensing News
Andrew Sivertsen recently represented Pulse Mardi Gras Ltd at an appeal hearing at Cardiff Magistrates Court. An application had been made for a premises license for street parties in Cardiff. The licensing Authority refused the application, however on appeal Andrew successfully argued for the license to be granted.
August 2007
First Non-Stop Licence in Carmarthenshire
On the 16th August 2007 Trostre Park filling station became the first business in Carmarthenshire to sell alcohol 24 hours a day, seven days a week. A number of supermarkets in the county are able to sell alcohol around the clock, but these shut for parts of Sunday to comply with trading regulations. The garage was licensed to sell alcohol from 8am to 11pm on Mondays to Saturdays and from 10am to 11pm on Sundays.
The police Licensing Officer argued that a licence holder should be on duty between the hours of 10pm and 6am if that was to be extended to 24 hours.
However, Councillors on the county licensing committee approved the application without imposing the condition.
Andrew Sivertsen of John Morse Solicitors made the successful application.
August 2007
Race for Life 2007
As part of this year fund raising and charity events for the firm the ladies of the office decided to take part in the Race for Life which supports Cancer UK. This involved walking or running 5K around Singleton Park in Swansea.
It was an ideal opportunity for us to get fit and raise money.
It took as nearly an hour to complete and we where all pretty exhausted by the end as you can see, but the sun was shining and we had a great day.
Afterwards we went for a celebratory drink with Mr Morse.
August 2007
Liquor Licensing Review
John Morse was recently appointed to act for Sports Cafè Bristol in a review of their Liquor Licence for their late night venue in Baldwin Street, Bristol. Avon and Somerset Constabulary requested the Council to review the Licence under the 2003 Liquor Licensing Act. The case highlighted the procedures for successfully running and controlling a large late night venue in a city centre.
John Morse engaged the services of independent Licensing Consultants Taunuas to fully report on the procedures adopted by the Sports Cafè and to suggest recommendations to improve procedures and facilities and control which would be acceptable to the Police and the Council.
After a two day hearing before Bristol City Council Licensing Committee and as a result of the negotiated approach instigated by John Morse the Sports Cafè was allowed to continue to operate in Bristol as a late night venue after a short probationary period of restricted opening hours.
Launched in 1990 the Sports Cafè Group operate worldwide and its fast growing network of restaurant and entertainment venues is now recognised as a market leader in Europe. Sports Cafè Group hope shortly to be opening premises in the centre of Cardiff to add to their existing outlets.
August 2007
Home Information Packs (HIPS)
Home information packs (HIPS) are now compulsory for persons selling houses with four bedrooms or more and now is the time to start thinking about your HIP Solution.
It is likely to apply to sales of all houses in the not too distant future.
Work with us at John Morse Solicitors and receive a Law Society Home Information Pack. From the 1st August anyone wanting to sell their property with 4 bedrooms or more must supply an interested party with a HIP.
You will receive a quality HIPS service that is:-
1. Guaranteed compliance with HIP legislation.
2. Prepared quickly online minimising any potential delays.
3 Co-branded with the Law Society logo offering your clients and the buyer’s solicitors further reassurance.
4 Competitively priced.
5 We allow time to pay for the HIP from three to six months.
6. As the contents of a HIP largely consists of legal documents who could be better placed than a solicitor to prepare and interpret it.
We can provide HIP for anywhere in England and Wales.
7. Call Andrew Sivertsen or Laura Johnson on 01792 648111 or email them at andrew@johnmorse.co.uk or laura@johnmorse.co.uk to discuss how working with John Morse Solicitors and the Law Society HIP can benefit and help you sell your property.
8. Make your first port of call for selling your property your solicitors and we will work with your nominated Estate Agent.
August 2007
August 2007
John Morse Solicitors sponsored the British Wheelchair Bowls Association Pairs Competition at St Andrews, Bristol. It was the fourth year that John Morse Solicitors have sponsored this event. The event takes place over 2 days and this year the field included 4 Welsh internationals and several England players.
