Brent Cross v John Lewis: Reminder that Your Commercial Lease Might Need a Digital Makeover

If you are a landlord or tenant with a commercial lease, are you familiar with your rent/rent review clause? Does your lease include a Turnover Rent mechanism?

Written by Yitong Guo, Senior Associate Solicitor

What is Turnover Rent?

It is a rental structure commonly used in commercial sectors, such as retail, and leisure. The rent payable is linked to the tenant’s trading performance at the premises.

Within this structure, in addition to a base rent, the tenant pays an additional percentage of turnover or gross receipts generated from the premises. In this way the interests of the landlords and the tenants are closer linked. So, in difficult times, tenants benefit from reduced rent, while landlords can maintain income stream despite reduced. And when businesses are more successful, landlords would benefit from increased rent. Often this is a mutually beneficial arrangement. However, disputes can arise where the relevant lease provisions are outdated or unclear.

The current commercial lease dispute between the landlords, Brent Cross Shopping Centre (Standard Life Investments Brent Cross LP) and the tenant, John Lewis Properties, is a demonstration of such. It involves the wording and interpretation of Turnover Rent provision, as the lease was drafted decades ago and it struggles to apply to modern business models.

The Brent Cross v John Lewis Dispute

The dispute concerns a lease originally made in 1979, long before online shopping, e-commerce and click-and-collect services came to our ordinary life as a common practice.

In short, the lease provides that John Lewis pays a base rent, and a percentage of ‘gross receipts’ generated from the store. The landlords argue that the lease wording should include online orders via click and collect service in the store, online orders fulfilled from the store, orders placed in-store but fulfilled from a distribution centre; and associated collection charges. The tenant disagrees: online transactions should not form part of turnover rent calculations. The sale is completed through its wider distribution network, and not through the store itself.

The case is still in court proceedings. And we are closely following the decision which will demonstrate the potential issues with historic lease wording vs modern retail operations, and it is interesting to see court’s interpretation on this.

Reminder to Landlords and Tenants

The case serves as a good reminder that commercial leases should evolve with the business they serve. As the retail environment continues to become increasingly digital, Turnover Rent provisions must be drafted with clarity and flexibility. They should also be able to accommodate evolving commercial and trading models for the said business. For landlords and tenants, getting the drafting right at the outset can significantly reduce the risk of expensive disputes later.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

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James Cook

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Kirishani v Major: When Are Cohabitation Agreements Legally Binding?

In the recent case of Kirishani v Major [2025] EWCA Civ 1134, the Court of Appeal of England and Wales considered when financial arrangements between cohabitants may be legally binding.

The Court confirmed that the presumption against an intention to create legal relations, traditionally applied in the context of spouses and family members, may also apply to unmarried cohabiting couples where the relationship displays the same characteristics of mutual trust, affection, and domesticity. Whether an agreement is enforceable will depend on the nature of the relationship and the evidence that the parties intended to create legal relations.

Written by Aurora Chan, Legal Assistant

Background

Ms Kirishani and Mr Major entered into a relationship and cohabited from 2016 until their separation in 2018.

During the relationship, Ms Kirishani paid many of the couple’s shared expenses, most significantly the costs of their holidays together. She was employed and financially supported their lifestyle, while Mr Major had limited funds. She kept records of her expenditure in spreadsheets, which she regularly sent to him after trips, but she did not demand immediate repayment. There was also an informal agreement that the couple would contribute equally to expenses when going on holiday.

After the couple separated in 2018, Mr Major continued living at the property as Ms Kirishani was often away. Ms Kirishani subsequently brought a claim for £20,000 in expenses, largely comprising expenditure on holidays and trips. She also claimed £16,000 in rent for the period during which Mr Major had occupied her property without paying rent despite agreement that he would pay £1,000 per month.

The Legal Position

Presumption against Intention to Create Legal Relations

English law generally presumes that agreements made in a domestic or familial context are not intended to be legally binding. This reflects the view that family and personal relationships are ordinarily domestic matters which should not be governed by the law. However, the presumption can be rebutted by evidence that the parties intended their arrangement to be legally enforceable.

This principle was established in Balfour v Balfour [1919] 2 KB 571, where a husband’s promise to financially support his wife was held not to be legally enforceable. It was later extended to apply to arrangements between parents and children in Jones v Padavatton [1969] 1 WLR 328, where arrangements between a mother and daughter concerning financial support and accommodation were held to be familial arrangements rather than legally binding contracts.

Cohabitation Rights

In England and Wales, cohabiting couples do not have the same legal rights and protections as married couples or civil partners, nor are they afforded the same special legal status. Generally, financial disputes between cohabiting couples are governed by property, trust, or contract law rather than the specialist statutory framework that applies to spouses and civil partners under family law. Historically, the presumption was applied to cases involving spouses and family members, and its application to cohabiting couples had not been clearly established before Kirshani v Major.

The Judgment

The trial judge held that Ms Kirishani had knowingly paid the majority of the couple’s expenses, despite being aware that Mr Major lacked the means to reimburse her. She had continued to book and pay for holidays without demanding repayment or threatening to stop arranging them. She only demanded repayment after their separation.

In this context, the judge concluded that the parties’ understanding that they would contribute equally to holidays was an informal domestic arrangement and was not intended to be legally binding. Neither party could have sued or brought legal proceedings against the other during the relationship. While there may have been a general expectation that Mr Major would eventually contribute or reimburse Ms Kirishani, this arose in the ordinary course of an intimate relationship and did not amount to an intention to create legal liability.

In reaching that conclusion, the judge applied the presumption against an intention to create legal relations, finding that it could apply equally to couples in relationships where there was nothing to suggest otherwise.

The trial judge further stated that courts should not intervene in intimate cohabiting relationships unless there is clear evidence to the contrary.

The Appeal

The Court of Appeal granted permission to appeal on three grounds:

Whether the judge was wrong to apply the presumption against an intention to create legal relations to a cohabiting couple;
Whether the judge had wrongly set the threshold for rebutting the presumption too high; and
Whether the judge had wrongly dismissed the claim for rent.

Application of the Presumption to Cohabitants

The High Court upheld the trial judge’s approach and stated that the key issue is the substance of the relationship, rather than the label attached to it, whether the parties are married, in a civil partnership, or cohabiting. The presumption arises because certain domestic relationships are governed by mutual trust and affection rather than commercial dealings. The Court recognised that some cohabiting relationships may demonstrate the same characteristics, thereby justifying the application of the presumption, although whether it applies in each case will depend on the particular circumstances of each relationship.

In this case, the Court agreed that Mr Major and Ms Kirishani’s relationship displayed the necessary characteristics, and the trial judge was entitled to apply the presumption.

Rebutting the Presumption

The Court accepted that the trial judge had overstated the threshold required to rebut the presumption by referring to “the clearest of evidence” and “the clearest of circumstances”. The correct threshold requires evidence “of some force”, but is not particularly high. Nevertheless, the trial judge had broadly applied the correct legal principles despite his wording, and his conclusion was upheld.

The Rent Claim

The Court dismissed the rent claim on the same basis that the agreement for Mr Major to pay rent was not intended to be legally binding.

Implications

This is a key development in the law relating to cohabiting couples. The High Court confirmed that the presumption against an intention to create legal relations is not limited to married couples but may also apply to cohabitants where their relationship is characterised by the same elements of mutual trust and affection.

This judgment also reflects a broader trend towards giving greater legal recognition to cohabiting relationships. Law Commission reports and ongoing government consultations have highlighted the growing number of cohabiting couples and the need to consider whether further legal rights and protections should be extended to them.

At the same time, the decision does not place cohabitants on the same legal footing as spouses or civil partners. The Court did not establish a general rule that the presumption applies to all cohabiting relationships. Cohabitants would still need to prove that the specific circumstances and nature of their relationship display the required qualities of mutual trust and affection.

The Court also clarified that the proper threshold for rebutting the presumption requires clear and persuasive evidence. The burden should not be exceptionally high, but it also cannot be discharged lightly.

How we can help

Cohabiting relationships can be difficult to navigate due to the uncertain legal landscape and the limited guidance available. If you’re unsure when your cohabitation agreement is legally binding, we can assist with:

Claims arising from financial contributions during a relationship;
Property or financial disputes between cohabitants;
Drawing up cohabitation agreements to protect both parties’ legal positions;
Preparing trusts or deeds of gift to clearly record whether there is an intention to create legal relations.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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When Can the Home Office Revoke a Sponsor Licence?

The High Court’s decision in R (on the application of Jaggi Construction Ltd) v Secretary of State for the Home Department [2026] EWHC 1431 (Admin) highlights the importance of lawful decision-making in sponsor licence cases. The judgment considers whether the Home Office correctly interpreted its Sponsor Guidance and whether it should have made further enquiries before revoking a sponsor licence.

Written by Mahfuz Ahmed, Immigration Supervisor

Background

Jaggi Construction Ltd was granted a sponsor licence in July 2024 and assigned a Certificate of Sponsorship (CoS) to a migrant.

During the visa application interview, the migrant referred to one of the company’s directors as his “aunt”. The Home Office concluded that the CoS had been assigned to a “close relative”, contrary to the Workers and Temporary Workers Guidance, and revoked the company’s sponsor licence with immediate effect.

The company challenged the decision by way of judicial review.

The Key Issue

The case centred on the meaning of “close relative” in the Sponsor Guidance.

Although the guidance includes “aunts” among the prohibited relationships, the director was the migrant’s aunt by marriage rather than by blood. The company argued that the guidance does not expressly include relatives by marriage and that the Home Office had interpreted its policy too broadly.

The Court’s View

The High Court granted permission for the judicial review on the basis that it was arguable that the Home Office had misapplied its own guidance.

The Court noted that, where the Immigration Rules intend to include relationships by marriage, they do so expressly. The absence of similar wording in the Sponsor Guidance raised a genuine question as to whether an aunt by marriage falls within the definition of a “close relative”.

The Court also accepted that it was arguable that the Home Office should have made further enquiries before revoking the licence. Rather than relying solely on the migrant’s description of the director as his aunt, the interviewing officer could have clarified the precise nature of the relationship.

Conclusion

Although this was only a permission for a judicial review decision, it serves as an important reminder that the Home Office must not only enforce sponsor licence compliance but also apply its own guidance correctly and make decisions based on adequate enquiries.

For sponsor licence holders, the case demonstrates that enforcement decisions are capable of challenge where they are based on an incorrect interpretation of the rules or an incomplete understanding of the facts.

This case reinforces that sponsor licence revocation is subject to judicial scrutiny. While businesses must meet their sponsorship obligations, the Home Office must also ensure that its decisions are lawful, fair, and supported by sufficient evidence. Where a licence has been revoked following a potential misinterpretation of the Sponsor Guidance or an inadequate investigation, obtaining specialist legal advice at an early stage can be crucial in protecting both the business and its sponsored workforce.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Lost in Translation? Foreign Language Documents and Giving Evidence in UK Courts

Court proceedings in England and Wales are conducted in English. For parties and witnesses who are more comfortable using another language, this can create practical and legal issues that should be dealt with early.

Language is not just an administrative matter. If documents, witness statements or interpreter arrangements are not handled properly, the court may refuse to rely on the evidence, adjourn the hearing to another day, and make costs orders against the party responsible for the non-compliance.

Written by Paul Cheuk, Solicitor

Translation and Interpretation: What is the Difference?

Translation and interpretation are often connected, but they are different. Translation concerns written documents. For example, a contract, bank record, official certificate or witness statement written in another language may need to be translated into English before it can be used in court.

Interpretation concerns spoken language. An interpreter assists during hearings, conferences, interviews or trials so that a person can understand what is being said and can communicate accurately.

Both can be important in litigation, but they arise at different stages and require different arrangements.

Foreign Language Documents in Court

Documents filed with the court should generally be in English. If a party wishes to rely on a document written in another language, an English translation will usually be required.

The translation should normally be certified by a suitably qualified translator. The purpose is to confirm that the English version accurately reflects the original document.

This can apply to foreign contracts, correspondence, receipts, identity documents, official records, company documents, bank statements and other evidence obtained overseas.

Parties should not leave translation until shortly before a hearing. If the court or the other side cannot properly understand the document, the evidence may be challenged or the hearing may be delayed.

Witness Statements Must Comply with Court Rules

Under the Civil Direction 32, paragraph 18.1, a witness statement must, if practicable, be in the witness’s own words and must in any event be drafted in the witness’s own language. The statement should also explain the process by which it was prepared, including whether an interpreter was used.

This means that if a witness is most comfortable giving evidence in Mandarin, Cantonese, Urdu, Polish, Arabic or any other language, the statement should not simply be drafted in English for convenience. It should be prepared in the language in which the witness can properly give their evidence.

Where the witness statement is in a foreign language, CPR Practice Direction 32, paragraph 23.2 requires the party wishing to rely on it to have it translated, file the foreign language witness statement with the court, and ensure that the translator signs the original statement and certifies that the translation is accurate.

The statement of truth should also be in the witness’s own language. This is important because the witness must understand the seriousness of confirming that the evidence is true. This is required by CPR Practice Direction 22, paragraph 2.6.

Interpreters at Court Hearings

In civil proceedings, the court will not arrange an interpreter for a party or witness. The party who needs interpretation is responsible for arranging and paying for a suitable interpreter. This should be done well in advance of the hearing.

Where more than one party or witness requires interpretation in the same language, the parties may be able to agree practical arrangements to avoid unnecessary duplication and cost. However, the interpreter must still be suitable for court use and able to interpret accurately and independently.

In criminal proceedings, the position is different. Parties cannot normally use their own interpreter for court hearings. Where an interpreter is required, the court will arrange one. However, it is sensible to notify the court as early as possible that an interpreter is needed. If the court is not informed in good time, the hearing may be delayed or adjourned.

The request should identify the exact language, dialect or regional variation required. It is not always enough to say that a person needs a “Chinese”, “Arabic” or “Indian” interpreter. For example, Mandarin and Cantonese are different spoken languages, and some witnesses may only be comfortable giving evidence in one of them. The same issue can arise with many other languages and dialects.

What matters is that the interpreter is able to interpret accurately for the particular person giving evidence or taking part in the hearing. The court and the parties should therefore be clear about the exact language needs from the outset.

Final Thoughts

The subjects of this article are not mere technicalities.

If a witness statement is not prepared in accordance with the rules, the other party may object to it. The court may refuse to admit the evidence, give it less weight, or require the defect to be corrected before the case can proceed.

In more serious cases, the hearing may have to be adjourned to another day. This can cause delay and additional expense. The court may also make costs orders against the party responsible for the failure, especially where the problem could have been avoided by proper preparation.

Anyone involved in court proceedings should consider language issues as early as possible. Leaving these issues until the day of the hearing can create serious problems.

At Lisa’s Law, we are experienced in assisting clients with multilingual litigation, certified translations, witness statements in foreign languages and interpreter arrangements for court hearings. We are well placed to identify language issues early, plan the necessary arrangements, ensure compliance with the court rules, and help present your case as effectively as possible.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Home Buying and Selling Reform: The Roadmap Explained

The Government has published its roadmap for home buying and selling reform in England and Wales. The announcement follows two consultations launched in October 2025 and sets out a phased programme of reform aimed at making residential property transactions faster, more transparent and more certain.

The current system is often criticised for delay, duplication and uncertainty. Buyers may only discover important information after an offer has been accepted. Sellers are often required to gather documents reactively during the transaction. Conveyancers, estate agents, lenders, surveyors, freeholders and managing agents may all need to request, check and re-check information at different stages of the process.

The Government’s roadmap seeks to address these problems by moving key information to the beginning of the transaction, improving professional standards, increasing digitalisation and introducing earlier contractual commitment between buyers and sellers.

Written by John Ju, Conveyancing Paralegal

Why reform is being proposed

The Government has identified a number of recurring issues within the current home moving process, including late and inconsistent information, limited commitment between parties before exchange, lack of transparency around delays, repeated checks and insufficient digitalisation.

At present, a buyer will usually make an offer before receiving the full legal, practical and financial picture of the property. This can include title issues, tenure, lease length, service charges, ground rent, searches, property condition, building safety information and other matters which may affect whether the buyer wishes, or is able, to proceed.

If problems arise late in the transaction, the buyer and seller may already have incurred significant costs. The wider chain may also be affected. The Government’s objective is therefore to create a system in which buyers can make better-informed decisions earlier, and sellers are better prepared before marketing their property.

Upfront information and sales packs

A key part of the reform is the introduction of more comprehensive upfront information. In the longer term, the Government intends to require sellers to prepare a sales pack before a property is listed for sale.

The contents of the sales pack are still subject to further development, but the Government has indicated that it may include information such as tenure type, service charge and ground rent details, council tax banding, EPC rating, title information, building safety information, a general property information questionnaire, chain status etc.

The aim is to avoid key issues only being discovered once the transaction is already underway. For buyers, this should mean greater transparency at the point of deciding whether to view, offer on or proceed with a property. For sellers, it means that preparation will need to take place before the property goes on the market.

For conveyancers, this could represent a major shift in workflow. Seller-side conveyancers may become involved earlier in the process to review title, assist with sales pack preparation and identify potential issues before a buyer is found.

Material information in property listings

The roadmap also addresses the quality of material information provided in property listings.

Historically, listings have often focused on price, location, photographs and general descriptions. However, information such as tenure, leasehold costs, flood risk, planning constraints, building safety issues or other restrictions can be highly relevant to a buyer’s decision.

The Government intends to publish non-statutory guidance to help estate agents comply with their obligations to provide material information. A Code of Practice for property agents is also expected to follow.

This is a significant development for estate agents. The role of the agent is likely to become more information-focused, with greater emphasis on obtaining, checking and presenting relevant details at the marketing stage.

However, this also raises practical questions. Estate agents are not conveyancers or surveyors, and some issues may require specialist legal or technical assessment. It will therefore be important for the guidance to clearly define what agents are expected to collect and disclose, and when they should refer matters to a conveyancer or other professional.

Digital property logbooks and digital sales packs

Digitalisation is another central feature of the proposed reforms.

The Government wants to encourage the use of digital property logbooks and digital sales packs. A digital property logbook would operate as a secure digital record of key information relating to a property. Over time, this could include title information, planning history, building control records, energy performance data, leasehold information, management information, warranties, guarantees and other property-specific documents.

The potential benefit is clear. At present, similar information is often collected repeatedly each time a property is sold, refinanced or altered. If reliable digital records can be created and maintained, this may reduce duplication and speed up the transaction process.

However, digitalisation will only be effective if the data is accurate, trusted and kept up to date. There will need to be clear rules on who is responsible for maintaining the information, who may access it, how it is verified and what happens if incorrect or outdated information causes loss.

Data security and professional liability will therefore be key issues as the reforms develop.

Binding conditional contracts

The roadmap also proposes the future introduction of binding conditional contracts.

Under the current system in England and Wales, either party can usually withdraw before exchange of contracts without significant legal consequences. This can lead to chain collapse and wasted costs.

Binding conditional contracts are intended to create earlier commitment between the parties, while still allowing withdrawal in agreed circumstances. The Government has indicated that these contracts aim to give both sides greater certainty earlier in the transaction, while still allowing withdrawal in agreed circumstances. They will only be introduced once sales packs have become part of the standard process.

This sequence is important. Buyers should not be expected to commit to a transaction before they have received sufficient information about the property. If binding conditional contracts are introduced too early, there is a risk that buyers could be unfairly locked into transactions before discovering serious issues.

Further consultation will be needed on penalty fees, permitted withdrawal circumstances and dispute resolution mechanisms. The system will need to balance certainty with fairness.

Leasehold and managed estate information

The reforms are also likely to be particularly relevant to leasehold properties and managed estates.

Leasehold transactions often face delays because key information must be obtained from freeholders, managing agents or management companies. This may include service charge accounts, ground rent information, building insurance details, planned major works, building safety documents and replies to standard leasehold enquiries.

In practice, delays in receiving management information can slow down a transaction even where the buyer and seller are ready to proceed. Fees for providing this information can also vary significantly.

A more standardised and timely approach to leasehold and managed estate information would be welcomed by many conveyancers. For leasehold buyers, having clearer information upfront would also help them understand the ongoing financial and practical obligations attached to the property before they commit to the purchase.

Timeline for implementation

The Government intends to implement the reforms gradually.

In the short term, the focus will be on guidance, industry engagement and preparing the sector for future change. This includes guidance on material information and a Code of Practice for property agents.

From 2027 onwards, the Government intends to consult on mandatory qualifications for estate and letting agents and work with the sector on digital ID, qualified electronic signatures, digital logbooks and digital sales packs.

In the longer term, the Government plans to legislate for sales packs before listing, binding conditional contracts once sales packs are in place, and secure digital data sharing.

Our thoughts

As a conveyancing paralegal, I can see why reform is needed. Many of the delays in residential conveyancing are not caused by one single party, but by the structure of the process itself. Information often arrives too late, replies to enquiries are sometimes incomplete, and different professionals may be waiting on each other before they can move the transaction forward.

The principle of upfront information is therefore sensible. If title information, searches, leasehold information, management documents and property condition details are available earlier, many issues can be identified before the buyer has incurred substantial costs. This should allow clients to make better-informed decisions.

From a practical conveyancing perspective, however, the success of the reforms will depend on the quality and reliability of the information provided. A sales pack is only useful if it is accurate, complete and accepted by the parties who need to rely on it, including buyers, conveyancers, lenders and surveyors. If buyers or lenders do not trust the information, they may still require duplicate checks, which would reduce the benefit of the proposed reform.

There is also a risk that upfront sales packs may increase the initial cost burden on sellers. Some sellers may be reluctant to pay for searches, reports and legal input before they know whether the property will sell. This may be particularly relevant where a property is placed on the market speculatively.

I also consider that leasehold transactions will need particular attention. In many leasehold matters, the main delay is not simply the buyer’s or seller’s conveyancer, but the time taken to obtain management information from third parties. Unless freeholders, managing agents and estate managers are also brought into the reform process with clear timeframes and proportionate fees, leasehold transactions may continue to experience delays.

The proposed use of binding conditional contracts could improve certainty, but it must be handled carefully. Buyers should not be penalised for withdrawing where genuinely material information comes to light after they have committed. Any system of penalties or exceptions must be clear, fair and easy for consumers to understand.

Overall, the direction of travel is positive. Earlier information, better digital systems and clearer professional standards could make the home moving process more efficient and less stressful. However, the reforms should not simply move pressure from one stage of the transaction to another. They must be supported by reliable data, clear responsibility, realistic timescales and proper collaboration between estate agents, conveyancers, lenders, surveyors and management companies.

If you have any questions, please feel free to contact us. Our conveyancing team will be happy to guide you through the process and help make your transaction as smooth as possible.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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FAQs on Lasting Powers of Attorney

Why do you need a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted individuals to make decisions on your behalf if you lose the mental capacity in the future, for example due to illness or injury.

An LPA is an important safeguard. It ensures that decisions about your health, welfare, property and finances are made by people you trust and in accordance with your wishes.

Loss of capacity can occur unexpectedly at any age, so putting an LPA in place in advance provides reassurance. If you anticipate your health may deteriorate soon, it is especially important to make preparations ahead of time.

What are the different types of LPAs?

There are two different types of LPAs which deal with different areas of your life:

The Property and Financial Affairs LPA (Financial LPA): allows your attorneys to make decisions about your property and finances, such as managing your bank accounts, paying your bills, and buying or selling your properties.
The Health and Welfare LPA (Health LPA): allows your attorneys to make decisions about your personal welfare, such as your day-to-day care, living arrangements, and medical treatments.

You can choose to make only one type of LPA or both types, depending on your circumstances and preferences.

Who are your attorneys?

Your attorneys are the individuals who you appoint to make decisions on your behalf regarding your health or finances, depending on the type of LPA. They should be individuals who you trust to act in your best interests and who know you well. It is also important to consider their ability to manage and organise your affairs.

Your attorneys do not need to be professionals, especially for the Health LPA. Attorneys must be 18 years or above. They must not be on the barred list of the Disclosure and Barring Service

(DBS) unless they are a family member and not charging a fee. For the Financial LPA, they must not be bankrupt or under a debt relief order.

We generally recommend appointing at least two attorneys, or appointing replacement attorneys in case your original choice is unable to act. There is no maximum number of attorneys you can appoint, but appointing too many attorneys may make decision-making more difficult.

What is a certificate provider?

A certificate provider is an independent person whose role is to ensure that:

You have sufficient mental capacity to make the LPA;
You understand what an LPA is and what its effects are; and
You are not being pressured or unduly influenced.

We can act as your certificate provider, but where there are concerns about your mental capacity, we may advise you to obtain a formal capacity assessment from a medical professional.

When does the LPA come into effect?

An LPA usually can only be used after you have lost mental capacity, meaning that you are unable to understand or communicate your decisions. This can occur due to a variety of health conditions such as dementia.

You can specify that a Financial LPA can be used immediately after it has been registered. Your attorneys will be able to act on your behalf with your permission while you still have capacity. This can be helpful if you need assistance with managing your affairs due to being abroad or ill.

What are the contents of an LPA?

In an LPA, you will appoint one or more attorneys, and you can also choose replacement attorneys. You will choose whether you want them to work together or act independently.

You can also include preferences or instructions to guide your attorneys. For example, in the Health LPA, you can set out dietary preferences or religious practices you would like to follow. In the Financial LPA, you can set out whether your home should be sold or how your money should be invested.

In your Health LPA, you will also decide whether to give your attorneys authority to make decisions regarding life-sustaining treatment for you.

What is the process for making an LPA?

Consultation: We will have an initial consultation with you to provide basic information and ensure you understand what an LPA is.
Selection: Next, you will choose who to appoint as your attorneys and the other contents of the LPA.
Drafting: We will prepare the documentation to give effect to your wishes and ensure they meet the requirements of the Office of the Public Guardian (OPG).
Certification: We will act as the certificate provider to confirm your understanding and capacity.
Signing: The document must be signed by you, your attorneys, and us as your certificate provider. The signatures must be done in a particular order. Physical wet-ink signatures are required, so postage or travel may be necessary. A witness is also required for each signature; if you attend our office, we can act as your witness.
Registration: We will submit the LPA to the OPG for registration, which typically takes 12-16 weeks, after which we will confirm the registration with you.

How much do you charge for an LPA?

Our standard fees are as follows:

One LPA – £750 plus VAT
Two LPAs (one person making both types) – £1,050 plus VAT
Four LPAs (a couple making both types at the same time) – £1,680 plus VAT

Please note that additional charges may apply for more complex instructions depending on your specific circumstances.

There is also a registration fee of £92 per LPA payable to the Office of the Public Guardian. For two LPAs, the fee will be £184, and for four LPAs, the fee will be £368.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Safeguarding Children in Asylum Cases – Why the Children’s Commissioner Opposes New Home Office Removal Powers

On 24 June 2026, The Children’s Commissioner for England published a response to the Home Office consultation on family removals and changes to support for failed asylum-seeker families.

Written by Victor Falcon Mmegwa, Senior Associate Solicitor

Summary of the proposals

The Home Office consultation, titled Family Returns: Reforming Asylum Support and Enforcing Family Returns, sets out a range of measures which seek to increase the number of families and adult care leavers who leave the UK to either their home country or a third country following the receipt of a final decision on a failed asylum claim. This is sometimes referred to as ‘family removals’ policy. The Home Office proposes that this is achieved by three separate mechanisms:

Reducing/removing support for families with a failed asylum claim
Reducing/removing support for adult care leavers with a failed asylum claim
Legislating the use of physical interventions on children during enforced removals proceedings

The Children’s Commissioner’s response

The consultation assumes that the proposals would only apply to the scenario where every appeal option has been exhausted and that the family is deemed to have no ‘genuine barriers’ preventing them to leave the country.

They stated that they have statutory duty to protect and promote the rights of children – that includes all children who arrive in this country, no matter how they get here or what their asylum status is.

The Children’s Commissioner for England stated that it is for government to determine the right rules and levels of immigration. Their role is to make sure that, in enforcing those rules, children’s rights are respected and that they receive the protection of the Children Act 1989 that they entitled to.

When the Illegal Migration Act moved through parliament in 2023, The Children’s Commissioner for England visited both accompanied and unaccompanied children in hotel accommodation to better understand their experiences and to highlight their needs to the government. They have also long advocated for the needs of unaccompanied asylum-seeking children and set out the support and care they deserve.

This is in response to the Home Office’s consultation on family removals and changes to the support for failed asylum-seeker families which proposes a number of changes for families, including children, when they are not granted asylum in the UK.

Proposals will put children at risk of harm according to Children’s Commissioner

The Children’s Commissioner for England stated that the proposals will put children at risk of harm. The Children Act is clear that children’s best interests should always be at the centre of decisions about their lives. The Children’s Commissioner for England stated that this includes every child in the country with no exceptions. Children’s safety and welfare should be the primary consideration whenever they interact with the state. Whether that is a school, in a hospital, or with immigration enforcement.

They went on to say that no child should be left destitute because of their migration status. While it is right that families with failed asylum claims are returned, the system must work swiftly, fairly, with appeals and children cannot left without support due to bureaucratic delays.

Any force used against a child is an absolute last resort, something which is used to protect them or others from harm and done so with the upmost gravity by trained professionals, acting transparently and with accountability.

The Children’s Commissioner for England stated that all children who have been in the care of the state should have the same ongoing support as they reach adulthood. The Children’s Commissioner for England have a special responsibility to children who are care experienced. For all those children, leaving care is often a cliff-edge moment. That precipice is even greater for children who are also facing a failed asylum claim. Providing care leavers with just 3 weeks to appeal, make arrangements to leave the UK or to find alternative support is simply insufficient for young people already facing a mountain to climb. This response makes recommendations to address those concerns.

The Children’s Commissioner for England’s priority will always to be ensure that the rights and welfare of all children in England are protected. They have also stated that they will continue to press for clear safeguards so that no child is subject to unnecessary distress, detention, or force, and that their best interests are fully considered in any decision affecting them.

Our thoughts

We are deeply concerned about the proposed use of force and its physical and emotional impact on children. At present, immigration and other officers are not permitted to use physical interventions on children. However, the consultation proposes allowing both groups to use physical intervention where an accompanied child does not comply with their removal. Such interventions could range from non-physical restraint to the use of handcuffs.

Any use of force against a child should be an absolute last resort, used only where necessary to protect the child or others from harm. It must be carried out with the utmost care by appropriately trained professionals and be subject to clear transparency, oversight, and accountability.

We strongly believe that the proposed changes to the provision of support for failed asylum-seeker families are incompatible with Article 8 of the European Convention on Human Rights (ECHR). Furthermore, Section 55 of the Borders, Citizenship and Immigration Act 2009 places a statutory duty on the Home Office to safeguard and promote the welfare of children when carrying out its immigration, asylum, nationality, and customs functions.

The Children Act 1989 is equally clear that the best interests of the child must be a primary consideration in all decisions affecting their lives.

We therefore urge the Home Office to reconsider its proposed changes to the provision of support for failed asylum-seeker families and to ensure that any reforms fully uphold the rights, welfare, and best interests of children.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Welcome Henrietta, Shuo and Edison

We’re delighted to introduce three talented additions to Lisa’s Law: Henrietta, Shuo, and Edison. This month, we’re introducing Henrietta, who joins our Conveyancing team as a legal assistant; Shuo, an experienced cross-border corporate lawyer bringing four years of post-qualification expertise; and Edison, a legal assistant specialising in business immigration.

Henrietta

Henrietta holds a Bachelors of Law (LLB) and Masters of Law (LLM) from Cardiff University. She also completed her LPC at Cardiff University. Prior to joining Lisa’s Law, Henrietta volunteered at Support Through Court where she gained valuable experience helping clients through the legal process. Henrietta now works as Yitong’s legal assistant in the Conveyancing team.

Outside of work, she enjoys painting, going to the gym, and spending time with family.

Henrietta is fluent in English and Mandarin.

Shuo

Shuo is a dual-qualified lawyer in both England and Wales and Mainland China with 4 years’ post-qualification experience, specialising in corporate and commercial law.

He advises listed companies, state-owned enterprises (SOEs), SMEs and high-net-worth individuals (HNWIs) on mergers and acquisitions, joint ventures, corporate restructurings and a wide range of commercial matters. Shuo has particular experience in UK–China and other cross-border transactions, assisting clients in navigating complex legal and commercial issues across multiple jurisdictions.

Combining strong technical legal expertise with a pragmatic and commercially focused approach, Shuo works closely with clients to deliver practical solutions that support their strategic objectives.

Shuo holds a Master of Laws (LL.M.) from China University of Political Science and Law and qualified as a solicitor of England and Wales through the QLTS scheme.

He is fluent in English and Mandarin.

In his spare time, Shuo enjoys cycling, CrossFit, and travelling.

Edison

Edison is a legal assistant who specialises in business immigration as well as a wide range of immigration matters.

Edison graduated from Goldsmiths, University of London, with a degree in Media and communications. After graduating, he worked for several years at a television station as a News Programme Associate. Edison later pursued a career in law by completing the Graduate Diploma in Law (GDL) and the Legal Practice Course (LPC) at the University of Law.

Alongside his professional background, Edison has a strong interest in culture and the arts. He enjoys television and film, visiting museums, and attending art fairs. In his spare time, Edison also enjoys travelling and cooking.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Why Clients Choose Lisa’s Law for Conveyancing

When searching for a conveyancing firm, clients often look as though there’s a definitive ranking somewhere – perhaps listed between “Most Efficient at Replying to Emails” and “Least Likely to Cause Panic During a Property Chain”. In reality, the most useful indicator is straightforward: what previous clients actually say.

Understanding the Work

Conveyancing comes in two distinct forms. Residential conveyancing handles home purchases and the life changes that come with them. Commercial conveyancing deals with business premises, investments, and more complex documentation. The work differs significantly, but both depend on the same essential quality: meticulous attention to detail and a genuine commitment to keeping clients informed – which is surprisingly reassuring when your inbox is filling with paperwork.

Property transactions involve contracts, searches, title checks, and the occasional surprise that emerges with remarkable timing, usually just when everyone thought things were going rather smoothly. That’s why the right professional matters. A good conveyancer communicates clearly, responds promptly, and explains complicated processes without assuming you have a personal interest in land law.

Most firms fall into two categories. Larger firms offer sophisticated systems and automated updates. Smaller firms provide more direct contact. Lisa’s Law combines both: we have established processes that keep transactions moving, but you’re not speaking to a helpline—you’re speaking directly to the person handling your file. This combination delivers better results than either approach alone.

Why Reviews Matter

This is why Google reviews matter. Our 1,600+ reviews consistently highlight the same things: clear communication, quick responses, genuine availability. When that many clients independently praise those qualities, it reflects real competence. These reviews represent actual feedback from clients who’ve completed transactions with us.

We regularly have prospective clients call because they’ve seen Lisa’s Law mentioned repeatedly in reviews and specifically want us to handle their matter. They speak about various team members with such familiarity that it’s clear previous clients have been specific about their experience. That word-of-mouth recommendation is powerful because it’s earned through consistent, reliable service.

Why Choose Lisa’s Law

Lisa’s Law is CQS-accredited for residential conveyancing and handles commercial transactions across all complexity levels. We understand that property transactions are significant events in people’s lives. Your concerns matter, and you deserve clear communication throughout.

These conversations are quietly flattering because they remind us that positive reviews aren’t just numbers on a screen. They represent the trust and goodwill of clients—which says far more about a firm than any imaginary league table ever could.

The best question to ask isn’t “Which firm is the best?” but “Which firm consistently earns the trust of its clients?” That’s the answer you’ll find in our reviews – and why Lisa’s Law should be on your shortlist.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Capita Data Breach: Key Data Protection Lessons for Businesses

Data protection is often seen as an IT issue, but the recent reports concerning Capita and the Civil Service Pension Scheme show that it is also a serious legal, commercial and reputational risk. A recent Capita data breach occurred when users of a pension portal were able to access personally identifiable data belonging to other scheme members. The portal was shut down while the issue was investigated.

Although this appears to have affected a much smaller number of people than a major cyberattack, it is still a serious incident because personal data was accessed by people who should not have been able to see it. Capita is now fighting to retain its £239 million contract with the Cabinet Office administering hundreds of thousands of pensions.

Written by Peggy Lim, Solicitor

This is not the first time Capita has faced scrutiny over data protection. In 2023, Capita suffered a major cyberattack in which millions of people’s personal information was compromised. The data involved included names, dates of birth, National Insurance numbers as well as financial/bank details. The Information Commissioner’s Office (ICO) later fined Capita and Capita Pension Solutions a combined £14 million.

For business owners, the message is simple: a data breach does not only happen when there is a hacker. It can also happen because of a system error, weak access controls, poor testing, human error or a third-party supplier mishandling personal data.

What counts as a data breach?

Under the UK GDPR, a personal data breach can include accidental or unlawful loss, destruction, alteration, disclosure of, or access to, personal data.

This means a breach may happen where an email is sent to the wrong person, customer details are exposed on an online portal, an employee accesses information they should not see, a device is lost, or a software update accidentally gives users access to other people’s data.

The Capita example is a useful reminder that even a “technical glitch” can become a legal issue if it allows unauthorised access to personal data.

Why should businesses take this seriously?

Most businesses collect and use personal data every day. This may include customer names, addresses, telephone numbers, email addresses, payment details, employee records, payroll information, identity documents and supplier contact details.

If that data is mishandled, the business may face an investigation by the ICO, complaints from customers or employees, compensation claims, loss of customer trust, reputational damage, breach of contract claims or even loss of important contracts.

For serious breaches, the ICO can issue substantial fines. However, the financial penalty is often only one part of the problem. Businesses may also need to spend time and money investigating what happened, notifying affected individuals, dealing with complaints, reviewing systems, taking legal advice and rebuilding trust.

Outsourcing and data protection

The Capita example is also a reminder that data protection must be considered carefully when a business outsources work to a third party.

Many outsourcing arrangements involve the sharing or transfer of personal data. This may happen when a business appoints an external IT provider, payroll company, HR consultant, accountant, marketing agency, call centre, logistics provider, cloud software provider or pension administrator.

Before entering into an outsourcing agreement, businesses should consider what personal data will be shared, why it is being shared, whether the supplier is acting as a processor or controller, where the data will be stored, whether any data will be transferred outside the UK and what security measures the supplier has in place.

A written agreement should also deal properly with data protection. This should include obligations on confidentiality, data security, breach notification, use of sub-contractors, return or deletion of data, audit rights and cooperation if individuals exercise their data rights.

Simply passing work to a third party does not remove the business’s own responsibility. If a supplier mishandles personal data, the business may still face regulatory, contractual and reputational consequences.

What should businesses do now?

Businesses should not wait until a breach happens before taking action. A practical data protection compliance programme should include a data audit, clear privacy notices, internal policies, staff training, supplier checks, access controls and a breach response plan.

Access to personal data should be limited to staff who genuinely need it. Permissions should be reviewed regularly, especially when employees leave or change roles. Businesses should also review contracts with suppliers to make sure that data protection responsibilities are clear.

How can we help?

We can assist businesses with both day-to-day data protection compliance and specific commercial arrangements involving personal data.

We can help businesses review what personal data they hold, identify legal risks, prepare or update privacy notices, draft internal data protection policies, review data retention procedures and advise on breach response obligations.

We can also assist with outsourcing agreements and commercial contracts where personal data is being shared or transferred. This includes advising whether the parties are acting as controllers, processors or joint controllers, drafting data protection clauses, reviewing data processing agreements, advising on international data transfers and ensuring that the contract properly deals with security, breach notification, sub-contracting and liability.

Where a business has already suffered a data incident, we can advise on whether the ICO or affected individuals need to be notified, assist with internal investigation records, prepare communications, review contractual exposure and advise on steps to reduce further risk.

Final thoughts

The Capita data breach incidents show that data protection failures can quickly move beyond the IT department and become a board-level issue. A system error, weak contract, poor supplier oversight or delayed breach response can lead to regulatory attention, customer complaints, contractual problems and reputational damage.

For businesses, the safest approach is to treat personal data as both a valuable business asset and a legal responsibility. Proper contracts, policies, training, supplier checks and breach planning are far less costly than trying to repair the damage after a breach has already occurred.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

News and Insights

What is Turnover Rent?

The Brent Cross v John Lewis Dispute

Reminder to Landlords and Tenants

Have questions? Get in touch today!

Background

The Legal Position

Presumption against Intention to Create Legal Relations

Cohabitation Rights

The Judgment

The Appeal

Application of the Presumption to Cohabitants

Rebutting the Presumption

The Rent Claim

Implications

How we can help

Have questions? Get in touch today!

Background

The Key Issue

The Court’s View

Conclusion

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Translation and Interpretation: What is the Difference?

Foreign Language Documents in Court

Witness Statements Must Comply with Court Rules

Interpreters at Court Hearings

Final Thoughts

Have questions? Get in touch today!

Why reform is being proposed

Upfront information and sales packs

Material information in property listings

Digital property logbooks and digital sales packs

Binding conditional contracts

Leasehold and managed estate information

Timeline for implementation

Our thoughts

Have questions? Get in touch today!

Why do you need a Lasting Power of Attorney (LPA)?

What are the different types of LPAs?

Who are your attorneys?

What is a certificate provider?

When does the LPA come into effect?

What are the contents of an LPA?

What is the process for making an LPA?

How much do you charge for an LPA?

Have questions? Get in touch today!

Summary of the proposals

The Children’s Commissioner’s response

Proposals will put children at risk of harm according to Children’s Commissioner

Our thoughts

Have questions? Get in touch today!

Henrietta

Shuo

Edison

Have questions? Get in touch today!

Understanding the Work

Why Reviews Matter

Why Choose Lisa’s Law

Have questions? Get in touch today!

What counts as a data breach?

Why should businesses take this seriously?

Outsourcing and data protection

What should businesses do now?

How can we help?

Final thoughts

Have questions? Get in touch today!

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