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The Existence of Prenuptial Agreements

david_tournaford

The existence of Prenuptial Agreements (pre nup) has been given a further boost by a recent Family Court decision at the end of 2016. Whilst pre nups are not legally binding, the Family Courts in England are increasingly willing to uphold pre nups as long as they were entered into freely with full understanding of their implications by both parties. Comprehensive financial disclosure is of paramount importance together with careful drafting and detailed legal advice to be provided to both parties.

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Buy to let landlords under attack

claire_morris

Recent changes in legislation, as part of Government policy to encourage first time buyers and owner – occupier purchases, have focused on the position of buy to let landlords.

As from April 2017 the reduction of tax relief on finance costs to the basic rate of tax will begin to be phased in and this will be fully in place from April 2020. In November guidance was given on the increases in Stamp Duty Land Tax (SDLT) which were first announced a year earlier .The position is as follows:

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Insolvency News: Back to the future – Does the modernisation of the Insolvency Rules represent a step back for creditors?

joanne-culley

The Insolvency (England & Wales) Rules 2016 will come into effect on 6 April 2017. One of the aims of the 2016 Rules is to modernise and simplify the 1986 Rules and to encourage the use of modern technology, particularly with regard to communications with creditors by email and via the use of websites and with regard to the holding of meetings.

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Bills of Sale Reform

On 12 September 2016 the Law Commission published its final report containing proposals to modernise the archaic Bills of Sale regime. The driver for reform was the increased use of logbook loans in the consumer vehicle finance market, but the registration of whole turnover invoice finance agreements with sole traders and partnerships as Bills of Sale also fell to be considered.

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Invoice Finance and the Consumer Credit Act

There remains a degree of confusion as to the extent to which invoice financiers are affected by the provisions of the Consumer Credit Act 1974 as now amended by the Financial Services and Markets Act 2000. This is not helped by the fact that some of the statutory provisions are amongst the most opaque anywhere on the statute book, which is largely as a result of the piecemeal way in which the various European directives have been incorporated into UK law over the last 30 years.

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New Edition of Guide to Invoice Finance Law

The New Year will see the publication of the fourth edition of our popular Guide to Invoice Finance Law , which brings the previous third edition published in 2012 right up-to-date with relevant legislative and case law developments, including an Appendix setting out differences between English and Scots law.

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