Monthly Archives: December 2017

Royal Commission breakfast seminar

Last week the Federal Government announced a Royal Commission in to banks big and small, wealth managers, superannuation funds and insurers. It is reported the commission would investigate previous cases of misconduct and whether they highlighted cultural or governance issues in the sector and among regulators.

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Does the Crown get your cash if you die without a Will?

Ever wondered what happens if you die without a Will? Do your assets end up with your spouse, your children, or somewhere else? We often hear people say that the State gets your assets if you die without a Will. Thankfully that is not that case in most situations, with each State and Territory having a set of laws (generally called intestacy laws) dealing with the circumstance.

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3 Tactics to Squeeze More Value Out of Your Law Firm Network

Last week, we delved into some methods for leveraging your law firm or referral networks to provide additional value. Building on that theme this week, we’re going to look at three opportunities to develop fertile ground for further relationship and business development within your networks, among your clients, and within your jurisdiction.

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ILN Today Post

Cleaver Fulton Rankin is The Legal 500 NI Law Firm of the Year

Cleaver Fulton Rankin has been crowned The Legal 500 Northern Ireland Law Firm of the Year 2018.

The Belfast-based commercial law firm which employs 100 staff at its city-centre location fought off stiff competition from other leading practices to clinch the title.

The Legal 500 UK Awards 2018 recognises and rewards the best private practice teams and individuals over the past 12 months.

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Starting as you mean to go on…pre-emption rights and applications to assign

This case involved a dispute between the tenant (in administration) (TCG) and the defendant (Girdlers) in relation to the proposed assignment of a lease of pub premises in London. The lease contained a provision prohibiting assignment without the consent of the landlord, such consent not to be unreasonably withheld, but prior to seeking consent the tenant was obliged to grant an option to the landlord at its market price.

The tenant went into administration and its administrators entered into a business purchase agreement with a purchaser. The tenant claimed to have made the offer to take back the lease and that the landlord failed to accept it. The tenant also claimed that it sought consent to assign. The landlord disputed that such an appropriate offer was made and also whether the tenant (as opposed to the assignee) had made a valid application for consent. There was also a dispute as to whether the landlord was unreasonably withholding consent in insisting upon a rent deposit or guarantee.

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ILN Today Post

Car parking: display or pay!

Summary

The owner of a shop claimed rights to park on an adjoining car park on the basis that it had acquired rights to do so over a period of 20 years’ use. As the car park owner had maintained clearly visible private car park signs, these were indicative of its continuing objection to unauthorised parking and were enough to stop the shop owner acquiring rights.

Facts of the case

The issue arose in a Court of Appeal case[1] relating to a dispute between the owners of a fish and chip shop and an adjoining social club.

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Taras Utiralov at Legal TMT Forum

Taras Utiralov, Leader of the Information Technologies practice at PETERKA & PARTNERS, took part in a debate about smart contracts and cryptocurrencies at the Legal TMT (Technology. Media. Telecommunications) Forum in Kyiv. The forum was hosted by the Yurydychna Praktyka publishing house on 22 November 2017, and PETERKA & PARTNERS acted as a partner of the event. Mr. Utiralov was a moderator of the debate blockchain, smart contracts and cryptocurrencies.
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ILN Today Post

How to win a tax lawsuit… easily, quickly and simply

Winning a tax lawsuit is a difficult and lengthy process, and often there are no guarantees of victory even when you’re totally confident that you correctly accounted for every transaction. So it’s worth paying particular attention to the opportunities for triumphing over the tax authority relatively easily and without any complications. What is more, recent case law has expanded the range of these options.

Okay, but who’s signature is that?

Tax authority resolutions have to be signed, just like any other official document. But the matter of precisely who signs a given resolution is by no means irrelevant. The laws specify who is authorised to sign a given resolution, but the rules aren’t always followed to the letter.

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What Ruling Could Mean For Overdrafts

ROYAL OAK, Mich.—One attorney is hoping a recent court decision in an overdraft lawsuit case against a credit union will become a precedent and eventually stem the tide of OD class-action suits likely heading credit unions’ way.

Michael Bell, with Howard & Howard here, told CUToday.info that a motion to dismiss won by his firm in a class-action overdraft lawsuit case against Marietta, Ga.-based LGE Community CU is worth paying attention to.

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GOP Tax Legislation Poses Challenges to the Health Care Industry

Perspectives on Health Care and Life Sciences advisory by Bob Atlas, President of EBG Advisors, Inc. 

Following is an excerpt:

The U.S. Senate and House of Representatives have both passed their tax reform bills and will now confer toward creating a unified bill that both chambers can support, and that President Trump will sign. The two bills differ in some key respects, but their implications for health care are already rather clear. Some aspects of the legislation explicitly touch health care, while other effects would be indirect. Overall, it appears that most of the changes would adversely affect many health care industry participants, especially those in the nonprofit sector that would not gain from the reduction in the corporate tax rate that is the central feature of the legislation. …

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