Company name dispute – how we helped a business defend their name

At Lisa’s Law, we take pride in guiding our clients through complex legal disputes and helping them to achieve successful outcomes. Recently, we represented “Prime Talent Career Co. (PTCO)”, an international employment agency, in a company name dispute against Elite Employment Services Ltd, trading as “Prime Talent Career Placement (PTCP)“. Our client had just expanded their international business to London a year or so ago and was soon faced with threat of lawsuits.

[The names and business nature of these companies are altered and are for illustrative purposes only]

Company Names and Trading Names: The Risk of Confusion

Company name disputes occur when two businesses use similar names, potentially causing confusion to customers. These disputes often involve claims of “passing off”, where one business misrepresents its goods or services as being associated with another, damaging the established business’s reputation and goodwill.

A particular issue in these cases is the use of trading name—the names businesses use publicly, which may differ from their registered company names. Trading names can build significant goodwill and brand recognition over time, even if they are not officially registered or visible in standard company name searches. This can create unexpected conflicts, as a business might operate under one or more trading names that are not immediately visible during company formation checks.

In our case, PTCO was unaware of PTCP’s trading name when it registered its company. The similar names did not appear in the initial checks because the trading name was not listed in public registries. As a new entrant from overseas, our client had no knowledge of PTCP’s brand name, which was said to have been in use for two decades.

The Consequences of Passing Off

If a court finds that a company is passing off as another, the infringing company could potentially face severe consequences, including being forced to stop using the name, pay damages, and cover legal costs. These penalties can significantly disrupt a business’s operations and finances. PTCP sought to impose these exact outcomes on our client, demanding not only a change in name, but also substantial damages calculated from their potential sales, handing over of all marketing material, and to compensate PTCP’s legal fees.

Our Defence (Against Passing Off Claims and Unreasonable Demands)

Upon receiving the claims, our team at Lisa’s Law quickly assessed the situation. We found that the two companies did not have significant overlap. Our client primarily served international clients from Asia, offering specialised employment placement services in technology and finance sectors, which differed greatly from PTCP’s traditional, local UK placements. This distinction minimised any potential harm to PTCP and should reduce our client’s potentially exposure to liability.

Nevertheless, to avoid drawn-out legal battles, we advised our client to make reasonable changes to further differentiate their brand, including modifying the company name to “Prime Talent (UK) Career Ltd.” This step aimed to resolve any potential confusion without disrupting our client’s operations.

Despite these proactive adjustments, PTCP continued to demand that our client take further measures, including a complete abandonment of the new name, and again demanding the payment of damages and legal costs. We found these demands excessive, especially given the generic nature of the term “Prime,” the market differences, and our client’s proactive modifications.

Standing Firm Against Unreasonable Pressure

We stood firm against PTCP’s excessive demands, arguing that the names were not exclusive and that our client’s distinct business model posed no real threat of confusion or harm. Our strategy emphasized the absence of any substantial evidence showing public confusion and underscored the disproportionate nature of PTCP’s legal and financial claims.

Ultimately, our client was able to continue operating under its revised name without making further concessions or incurring any financial penalties. This outcome not only safeguarded our client’s business integrity but also demonstrated the importance of defending your rights against unjustified and excessive claims.

At Lisa’s Law, we are here to guide you through the complexities of brand protection and legal disputes. Whether you are expanding your business or defending your brand, our experienced team is dedicated to securing the best outcomes for you.

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Sumit Singh

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The Leasehold Flat Adventure: A Guide to Your New Property Relationship

So, you’ve decided to buy a leasehold flat. Congratulations! You’re about to embark on a grand adventure – one that combines the joys of home ownership with the thrill of navigating the leasehold labyrinth. Buckle up, because here’s a guide as to what you’re getting into.

The Leasehold Leap of Faith

Buying a leasehold flat is like being in a long-term relationship with a property. You get to enjoy it, and even decorate it with funky wallpaper. However, you don’t own the land beneath it. Think of it as renting from a really long-term landlord, but instead of monthly rent, you’ve just committed to a few decades of service charges and ground rent.

The Leasehold Lottery

First things first: read the lease. It’s not the most thrilling page-turner, but it’s vital. Imagine it as a rulebook to your new property relationship. Does it have a “no pets” clause? Better think twice before adopting that Golden Retriever. Does it restrict loud music? You might have to hold off on your late-night karaoke sessions. The lease is your guide on what you can and can’t do.

The Fees Fiesta

Let’s talk about service charges and ground rent. These are like surprise party favours – except they’re not very fun, and they keep coming year after year. Service charges cover expenses to maintain communal areas. You don’t just pay the budgeted expenses for the year. When the final accounts are audited, you’ll also pay the difference, if any, between the budgeted expenses and the actual expenses for the previous year. Ground rent, on the other hand, is the price you pay for the privilege of using the land.

The Safety Saga

Enter the Building Safety Act 2022, your new best friend. If your building’s a high-rise, this Act ensures your home is not just Instagram-worthy but also up to safety standards. It makes sure everything from fire escapes to cladding is up to code.

The Good News

On the bright side, buying a leasehold flat often means that you’re part of a community. You’ll have neighbours, a management company to call when things go wrong (if you can get hold of them), and maybe even a friendly concierge. Most importantly, you will also own a property, and for first time buyers, have a firm footing on the property ladder. For many, this is a vastly preferable arrangement to being subject to the whims of a private landlord.

Buying a leasehold flat is a unique experience – part exhilarating, part perplexing. Embrace the journey, laugh at the little absurdities, and enjoy your new flat. After all, it’s not just a property; it’s a place where memories are made – and hopefully, with not too many unexpected bills!

By Wai Ling Chin

Have questions? Get in touch today!

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Sumit Singh

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How to Apply for a UK Work Visa from India

If you are an Indian citizen looking to work in the United Kingdom, then you will need to apply for a UK work visa. The Skilled Worker Visa allows you to work in the UK with an approved employer, which replaced the Tier 2 (General) Work Visa at the end of 2020. This guide explains how to apply for a UK work visa from India.

The Skilled Worker Visa also allows you to bring your spouse, partner, and children with you to the UK. This visa can be granted for up to 5 years. After holding the Skilled Worker Visa for 5 years, you become eligible to apply for settlement, also known as Indefinite Leave to Remain (ILR), which grants you the right to live in the UK without any restrictions.

Keep reading to learn more about how to apply for a UK work visa as an Indian citizen.

Check Your Eligibility

Before applying for a Skilled Worker Visa, ensure you meet the following criteria:

You must have a confirmed job offer from a UK employer who holds a valid sponsorship license from the UK Home Office.
Have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
The job must be on the list of eligible occupations for the Skilled Worker Visa.
The job must meet the minimum salary threshold-how much depends on the type of work you do

What are the minimum salary requirements?

From April 4, 2024, the minimum salary requirement for a UK Skilled Worker Visa increased to the higher of £38,700 per year or the specific “going rate” for your job type, whichever is higher. The going rate is determined by the job’s Standard Occupational Classification (SOC) code which can be found in the Immigration Salary List (ISL).

Certain roles in healthcare and education have lower salary thresholds under the UK Skilled Worker Visa requirements. For these occupations, the minimum salary requirement is set at £23,200 per year or the going rate for the job, whichever is higher. Employers must ensure that these roles meet the minimum salary and comply with working hour regulations. Failure to adhere to these requirements can result in the refusal of the visa application.

How to find approved UK employers?

You must have a job offer from an approved UK employer before you apply for a Skilled Worker visa. Approved employers are also known as sponsors. You can view the list of approved UK employers on the government website. The UK Home Office provides a list of organisations licensed to sponsor workers on the Worker and Temporary Worker immigration routes. For the whole list of sponsors, please check the link https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers

What do you need to know about ‘ Certificate of Sponsorship’?

The CoS is not a physical document but a digital record with a unique reference number. This number is used to match your visa application to the job offer from your UK employer. You will need to provide this reference number for you Skilled Worker visa application.
The CoS must include key details about your employment, such as the job title, salary, and occupation code. It should also confirm that the job meets the visa eligibility criteria, including the minimum salary requirement and skill level.
A CoS is typically valid for three months from the date it is issued. You must apply for your visa within this period; otherwise, you will need a new CoS from your employer.

Knowledge of English

You must demonstrate your ability to speak, read, write, and understand English. This can be proven by one of the following ways:

1. Passing an Approved English Language Test: You can take a test approved by the Home Office, such as the International English Language Testing System (IELTS) for UKVI. You need to achieve at least a B1 level in reading, writing, speaking, and listening.

2. Holding a Recognized Qualification: If you have a degree taught in English, you might meet the language requirement. The degree should be recognized by UK NARIC (National Recognition Information Centre) as being equivalent to a UK bachelor’s degree or higher.

3. Being a National of a Majority English-Speaking Country: Indian citizens generally need to provide proof of English proficiency, but if you have a degree or educational qualification from an English-speaking institution, it might be considered.

Financial Requirement

Maintenance Funds: You must show that you have £1,270 in your bank account to prove you can support yourself. This amount needs to be in your account for at least 28 consecutive days before you apply.
Exemptions: If your employer is an approved sponsor, they might be able to cover your maintenance costs. In this case, you wouldn’t need to show the £1,270 yourself. Your Certificate of Sponsorship (CoS) should state if your sponsor is covering your maintenance.

Written by Beryl Gao

Interested in applying for a Skilled Worker Visa? Contact our immigration law team today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Sumit Singh

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Group Litigation – Multiple Claims can be brought in a Single Claim Form

If a group of claimants intend to claim against the same defendant, it is more convenient and efficient for multiple claimants to commence legal actions together through a single claim instead of various individual claims. In an important case for group litigation, the court of appeal decision in Morris and others v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376 confirmed that as long as it is “convenient”, multiple claims can be brought in a single claim form.

The recent Court of First Instance decision of Adams v MOD reaffirmed that “convenience” remains the “acid test” for determining whether the multiple claimants can be joined under a single claim.

What should be considered when deciding the issue of “convenience”

That recent decision highlighted the following points while considering the issue of “convenience” :-

Convenience is not to be judged exclusively from the perspective of the parties, the convenience of the court and the court system shall be taken into account.

If convenience is in issue, the court may consider limiting the maximum number of claimants per claim form. Once the maximum number is reached, a further claim form can be issued.

Where judgment has been given on common issues in a group claim but individual elements such as quantum require resolution, the court has the power under CPR 7.3 to disaggregate claims, it is unlikely to be convenient for the parties or the court for each individual claim to effectively be re-issued.

The difficulties with CE-File system shall not be the factor for preventing the use of a single claim form. Where the parties ensure the smooth running of the whole cohort of claims by using template directions with variations appropriate to each claim, this will influence the court’s assessment of convenience.

If a trial of lead cases is unlikely to be largely dispositive of the group claims, this may be a relevant factor the court considers when determining the convenience of issuing multiple claims in a single claim form.

Our thoughts

In view of the decision Adams v MOD, it is very clear to the multiple claimants which factors they need to consider before bringing forward group litigation action under a single claim.

The decision clarifies that, when it is convenient, multiple claims can be brought in a single claim form. Follow us for more litigation updates.

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Sumit Singh

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Qualifying or non-qualifying lease? The answer will determine whether you are liable for building safety remediation costs

If you have a qualifying lease, it could determine whether you are responsible for costly building safety works in your flat. The Building Safety Act 2022, which came into force in October 2023, introduced new rules for taller buildings and how safety costs are allocated.

Understanding whether your lease qualifies is crucial: some leaseholders are protected from historic building safety costs, while others may face significant remedial bills. This guide explains what a qualifying lease is and how it affects your liability.

As the remedial works can at times be very costly, it is vitally important for leaseholders to know whether they will be responsible for such costs. And, if they are responsible, how much, which costs, and to what extent, is further dependent on whether a lease is qualified or not.

What is classed as a qualifying lease?

A qualifying lease is a lease under BSA 2022 where it is a long lease of a single-dwelling, under which the leaseholder is required to pay a service charge and which was granted before 14 February 2022 and, as of at that date, was either the leaseholder’s home, or the leaseholder owned no more than 2 additional dwellings in the UK. The new law created legal protections for qualifying leaseholders from historical building safety costs. There is also a limit of the costs that the building owner could recoup from the leaseholder.

Who pays to remediate tall buildings affected by fire safety issues?

Cladding related remediation work

Government cladding funds

The government has a comprehensive plan for the removal of an unsafe cladding system on all buildings above 11 metres. Where the developer of a building above 11 metres cannot be identified or held responsible, funding will be made available through the Cladding Safety Scheme. The scheme is being delivered by Homes England and is open for applications for buildings between 11-18 metres in London and buildings over 11m in the rest of England, where a responsible developer cannot be identified, traced, or held responsible.

Leaseholder

Qualifying lease – no claim for costs can be made against the leaseholder;
Non qualifying lease – if no government cladding fund is available and no manufacturer is available, the leaseholder will have to bear the costs.

Non-Cladding related remediation work

Developer

Most major developers and housebuilders have agreed to fix “life-critical fire safety defects” and have entered into developer remediation contract with government. You can check the link below for more information.

Developer remediation contract – GOV.UK (www.gov.uk)

Landlord

Landlords which are associated with the developer of the building, being part of the same group or owned directly or indirectly by the developer or vice versa, no claim for costs can be made against tenants.

In other circumstances, landlord will also not be able to claim remediation cost from qualifying leaseholder if it has a group net worth of over £2 million times the number of relevant buildings in the landlord’s group.

The landlord must provide a Landlord certificate when they want to pass on part of the cost of remediation onto leaseholder, through the service charge or within 4 weeks of leaseholder requesting a landlord’s certificate.

Leaseholders

Qualifying lease

How much building owners can recoup from the leaseholder depends on the value of the relevant lease. If it is below £175,000 outside London, or £325,000 within London, no costs can be recouped from the leaseholder. If it is not less than £175,000 outside London or £325,000 in London, but does not exceed £1,000,000, any contribution by the leaseholder will be capped at £10,000 outside London or £15,000 in London.

However, if the property value exceeds £1,000,000 but does not exceed £2,000,000, any contribution by the leaseholder is capped at £50,000. If it exceeds £2,000,000, any contribution by the leaseholder will be capped at £50,000.

In the meantime, any remedial contribution by the leaseholder must be spread evenly over 10 years, hence a maximum of £10,000 a year.

Non-qualifying lease

The landlord can claim cost without limit from leaseholder in relation to any remediation works.

It should be noted that the Building Safety Act 2022 only applies to properties constructed from 28/06/1992 to 27/06/2022 or any subsequent work to remedy the historic defects originated from this period of time. For any building which is completed after 27/06/2022, it is expected that they should have met all the relevant safety requirements and hence be free from such risks.

Fingers crossed!

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Sumit Singh

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IFS Report Highlights Home Office Budget Challenges Amid Rising Asylum Costs

On August 29th, 2024, the Institute for Fiscal Studies (IFS) released a report that brings to light significant financial challenges regarding the Home Office budget, particularly with respect to budget management for its asylum services.

As the number of asylum seekers entering the UK has risen sharply, the Home Office has encountered difficulties in keeping its expenditures within the allocated budget, leading to substantial overspends.

The IFS report reveals that the Home Office has been under increasing financial strain due to a surge in asylum applications. This influx has required the department to ramp up spending on essential services such as accommodation, healthcare, and other support for asylum seekers. However, the current budget, based on earlier projections, has not been sufficient to cover these heightened costs, resulting in significant overspends.

Impact of overspending on other government departmental budgets

The overspending by the Home Office raises important questions about government financial management. When a department such as the Home Office exceeds its budget, it can lead to emergency funding measure. This can sometimes mean requiring reallocations from other government sectors or increased borrowing. Such actions, while necessary to maintain service levels, may have broader implications for public finances, potentially impacting the allocation of resources across other critical areas such as healthcare, education, and infrastructure.

Forecasting asylum seeker numbers

One of the key issues highlighted by the IFS is the challenge of accurately forecasting the number of asylum seekers and the associated costs. Migration trends are influenced by complex and often unpredictable global events, making precise forecasting difficult. The IFS suggests that the Home Office may need to adopt more flexible and responsive budgeting methods to better manage these uncertainties. Improving forecasting accuracy could help in setting more realistic budgets and reducing the likelihood of future overspends.

The situation with the Home Office’s budgetary mismanagement highlights a need for broader considerations in government budgeting practices. The traditional approach, which often relies on historical data and assumes stability, may no longer be adequate in a rapidly changing world. The IFS report implies that there is a need for government departments to adopt more adaptive budgeting strategies that can better respond to unexpected demands. Such strategies could enhance financial stability and ensure that essential services are maintained without leading to significant budgetary deficits.

Conclusion

The IFS report offers valuable insights into the financial challenges faced by the Home Office and, by extension, the broader government budgeting process. While it is clear that reforms are needed to address these challenges, the specific measures that should be taken remain a subject for careful consideration. By improving forecasting methods and adopting more flexible budgeting approaches, the government could better manage unforeseen financial pressures and enhance the overall stability of public finances.

These observations serve as a reminder of the importance of robust financial management practices, particularly in times of uncertainty. As the UK continues to face global challenges, it is crucial that its financial systems are equipped to handle these pressures, ensuring the effective delivery of public services without compromising fiscal responsibility.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Sumit Singh

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Understanding Proof of Funds Checks

When purchasing property in England and Wales, one of the crucial steps is the proof of funds check. This process is not only a standard practice but also a legal requirement aimed at preventing money laundering, ensuring that the funds used for property purchases are legitimate.

Reason for Proof of Funds Check and Relevant Legislation

The primary reason for a proof of funds check is to comply with the UK’s anti-money laundering (AML) regulations. The key legislation underpinning these checks is the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Under this legislation, conveyancers are legally obligated to verify that the money used to buy a property comes from a legitimate source. Failure to comply with these regulations can lead to severe penalties, including fines and even imprisonment.

The fund check process

The proof of funds check begins once an offer on a property is accepted. The buyer’s conveyancer/solicitor will request evidence of the source of the funds intended for the purchase. This can include personal savings, inheritance, or proceeds from a previous property sale. The conveyancer will examine the provided documentation from the buyer to ensure it matches the amount required for the purchase and that it aligns with the buyer’s financial profile. Additionally, the conveyancer may perform further checks to verify the authenticity of the documents. If the funds are coming from multiple sources, proof for each source is required. The process can take several days to weeks, depending on the complexity of the buyer’s financial situation.

Common Sources of Funds

Buyers typically use a variety of sources to finance their property purchases. Five common sources include:

Savings (for a certain period of time)
Proceeds from the sale of an existing property
Inheritance
Gift money from family
Investment returns

Required Documentation for Each Fund Source

For each of the sources mentioned above, the following documents are typically required:

Savings: Buyer’s bank statements for a certain period of duration, showing consistent savings or build-up of funds. There is no specified legal requirement how long the duration should be precisely. Different firms may have different requirements; however, it should normally be reasonably long enough to show how the funds have been built up. For fixed deposit, a certificate of the deposit is acceptable as well.

Proceeds from Property Sale:

A copy of the contract / transfer in related to the transaction
A copy of the completion statement/letter issued by the law firm acting for your sale, showing the net proceeds received.
The bank statement showing receipt of the net proceeds

Inheritance:

A copy of the grant of probate
The bank statement showing receipt of the inheritance money

Gift money:

A letter duly signed by the giftor stating that the gift money is non-refundable and not expected to be repaid, along with evidence showing the legitimate source of the giftor’s funds and the transfer
ID documents of the giftor
the buyer’s bank statement showing receipt of the gift money transfer

Investment Returns: Statements (for the past 6 months) from the investment account showing the amount of dividends or returns received.

Conclusion

Proof of funds checks are an essential part of the conveyancing process in the UK, ensuring that the money used in property transactions is legitimate and compliant with legal requirements. Buyers should be prepared to provide comprehensive documentation to verify their source of funds, which will not only expedite the process but also ensure a smooth transaction.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Sumit Singh

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A Win for Taxpayers for Multiple Dwellings Relief against HMRC

This appeal involves Stamp Duty Land Tax (SDLT) and the eligibility for Multiple Dwellings Relief (MDR) on the acquisition of a residential property for £1.8 million. The appellant asserted that the property comprised two dwellings and was eligible for MDR, while HMRC argued it is a single dwelling.

The Issue and the Law on Multiple Dwellings Relief

The property in question has two distinct areas of accommodation, referred to as “dwelling 1” and “dwelling 2.” Dwelling 1 was unoccupied and had one bedroom, living/dining area, kitchen, bathroom, and separate entrances. Dwelling 2 was where the taxpayer’s family lived, with four bedrooms, two bathrooms, living areas, and separate entrances. The two dwellings were originally one unit but were separated by sound and fireproof doors. They shared an oil-fired boiler for heating, separate thermostats, and separate water supplies. Despite some separate utilities, the property had a single council tax account and postal address.

To determine whether the Property qualifies as multiple dwellings, the Tribunal considered the facts and evidence of the case in accordance with the legislative framework for SDLT in the Finance Act 2003 as well as the leading authority in case law, Fiander and Brower v HMRC [2021] UKUT 0156.

The Tribunal explained that the statutory test requires an assessment of whether each dwelling is used or suitable for use as a single dwelling. The assessment must consider the basic living needs of occupants, including privacy, self-sufficiency, and security.

The evaluation is multifactorial, taking into account all relevant facts and circumstances. The physical configuration and facilities of the dwellings play a significant role in determining suitability. While shared utilities and other factors are considered, they do not outweigh the overall assessment of each dwelling’s ability to function independently as a single unit. In this case, it is concluded that both dwelling 1 and dwelling 2 are suitable for use as single dwellings, qualifying for MDR benefits.

The Conclusion and the Significance

The decision concludes that the appellant benefits from Multiple Dwellings Relief, and emphasises the need for a multi-factorial assessment to determine the suitability of the property as a single dwelling.

This is significant as there have been numerous instances where claims for multiple dwellings relief have been unsuccessful, making it surprising to discover a case where the taxpayer achieved success. This highlights the validity of the relief and emphasises that, under suitable conditions, taxpayers could avail themselves of its benefits before its complete abolition on 1 June 2024.

The judgment was published on 7 August 2024.

Have questions? Get in touch today!

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James Cook

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UK Cracks Down on Illegal Immigration: 100 New Agents and Tougher Enforcement Unveiled

On August 21, the Home Secretary, Yvette Cooper, unveiled a series of robust measures aimed at strengthening UK border security and crack down on illegal immigration. These initiatives are designed to dismantle and disrupt organised immigration crime networks while ensuring that the country’s immigration and asylum rules are strictly enforced.

Immediate Recruitment of Specialist Officers

Central to this new strategy is the immediate recruitment of up to 100 specialist intelligence and investigation officers. These officers will join the ranks of the National Crime Agency (NCA) with a clear mission: to target, dismantle, and disrupt the criminal networks that facilitate illegal immigration into the UK. These organized crime groups, often involved in dangerous and exploitative activities such as human trafficking, pose a significant threat to national security.

The NCA, which already has around 70 active investigations targeting the most harmful criminal networks, will be bolstered by this influx of new officers. The agency’s efforts have already led to significant successes, including the seizure of approximately 400 boats and engines intended for illegal crossings.

Surge in Immigration Enforcement and Returns

In addition to enhancing the NCA’s capabilities, the government has announced a major surge in immigration enforcement and returns activity. This move aims to achieve the highest rate of removals in five years, focusing on individuals who have no legal right to remain in the UK, including failed asylum seekers.

To support this surge, the government is increasing detention capacity by reopening and expanding Immigration Removal Centres (IRCs) at Campsfield and Haslar, adding 290 new beds. This expanded capacity will enable the swift removal of those who violate immigration rules, ensuring that the system is both firm and fair.

The government is also redeploying personnel to drive this increase in returns. Over 300 caseworkers have already been reassigned to process thousands of cases, focusing on both enforced and voluntary returns. This redeployment is essential to reversing the 40% drop in removals that has occurred since 2010.

Tackling Illegal Employment

Another critical component of the new measures is the introduction of an intelligence-driven illegal working program. This initiative is designed to target and dismantle unscrupulous employers who hire individuals without the legal right to work in the UK.

The government has made it clear that a range of sanctions, including financial penalties, business closure orders, and potential prosecution, will be applied to those who flout the law. Furthermore, individuals caught working illegally and who are eligible for removal will be detained, pending their swift deportation.

International Cooperation and Enhanced Enforcement

These domestic efforts are complemented by enhanced international cooperation. The government has increased the number of NCA officers stationed at Europol by 50%, with these officers now actively supporting European operations to disrupt the criminal smuggling gangs profiting from small boat crossings.

This international collaboration was further reinforced during the Prime Minister’s recent meeting with the European Political Community, where UK leaders discussed border security and people-smuggling with their counterparts from Italy, Albania, Germany, and other European nations. The aim is to work collectively to find long-term solutions to this complex issue.

The Home Secretary emphasized the government’s unwavering commitment to securing the UK’s borders. “We are taking strong and clear steps to boost our border security and ensure the rules are respected and enforced,” said Yvette Cooper. She also highlighted the ongoing efforts to smash criminal smuggling gangs and prevent dangerous crossings that put lives at risk.

NCA Director General of Operations Rob Jones echoed these sentiments, stating that tackling organized immigration crime remains a key priority for the agency. He underscored the importance of international cooperation in dismantling these dangerous networks, whether they operate within the UK or overseas.

Conclusion

These new measures represent a significant step forward in the UK’s ongoing efforts to secure its borders and enforce immigration rules. By combining enhanced enforcement capabilities, increased detention capacity, and international cooperation, the government is working to restore order to a system that has been plagued by chaos for far too long. As these initiatives are rolled out, they are expected to make a substantial impact on the UK’s ability to manage immigration effectively and protect its borders.

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Undue Influence and Testamentary Capacity in Wills: Insights from Langley v Qin

For a will to be legally valid, the testator (the person making the will) must have the mental capacity to do so, intend to make a will, and adhere to the required legal formalities. While compliance with these formalities can often be verified by reviewing the will, assessing the testator’s mental ability (known as testamentary capacity) and intention is far more complex.

These concerns typically surface after the testator’s death, making it challenging to determine whether they genuinely understood and intended the provisions of their will.

The recent case of Langley v Qin illustrates how the Court can set aside a will on the grounds of lack of testamentary capacity, lack of knowledge and approval, and undue influence. It also brings to light the dangers of predatory marriages, where one party may seek to marry a vulnerable individual with the intention of inheriting their estate.

Background

The cases involved the late Robert Harrington (Mr Harrington), who passed away in May 2020 at the age of 94. Approximately a year before his death, Mr Harrington married his carer, Guixiang Qin (Ms Qin), who was 54 years old at that time. Two months before his death, Mr Harrington executed a will leaving his entire estate, valued at £680,000, to Ms Qin. He also appointed her as the sole executrix, excluding his only daughter, Jill Langley (Ms Langley), entirely. Mr Harrington had been married for 66 years before becoming a widower, and his only child was Ms Langley.

After Mr Harrington’s death, Ms Langley contested the will, alleging that her father had been coerced into a predatory marriage. She sought to have the will set aside on the grounds of Mr Harrington’s lack of testamentary capacity, lack of knowledge and approval of the will’s contents, and undue influence exerted by Ms Qin.

Testamentary capacity

The Court found that Mr Harrington lacked testamentary capacity due to a paranoid delusional disorder, supported by medical records indicating he was in a “delusional state of mind”. For example, he falsely believed he had been a major in the army. This mental state undermined his ability to make a valid will.

Knowledge and approval

The Court also concluded that Mr Harrington did not fully understand or approve the contents of the will. There was evidence to show that he had not read the draft will, and there were no credible attendance notes or oral evidence from the solicitors who drafted the will to confirm his understanding of it.

Undue Influence

Following the decision in Rea v Rea [2024] EWCA Civ 169, the Court found that Ms Qin had exerted undue influence over Mr Harrington. Evidence demonstrated that she controlled and manipulated him for financial gain, including impersonating Mr Harrington in correspondence, using his debit and credit cards, and accessing his online accounts. The Court also finds that Ms Qin approached multiple local solicitors until the one willing to draft the will for Mr Harrington.

What is a Predatory Marriage?

A predatory marriage occurs when one party marries another with the intention of inheriting their estate. Under current law, as established in Re Roberts [1978] 1 WLR 654, the Court cannot set aside a predatory marriage after one spouse’s death. The legal threshold for determining mental capacity for marriage is notably lower than for making a will. Although concerns about a predatory marriage were raised, the Court could not invalidate Mr Harrington’s marriage to Ms Qin.

Consequently, the marriage was deemed valid, automatically revoking his previous will. With the second will declared invalid, Mr Harrington’s estate will be distributed according to the rules of intestacy under section 46 of the Administration of Estates Act 1925. As the legal spouse, Ms Qin stands to inherit the fixed net sum of £270,000 (on the 27th July 2023, this Statutory Legacy increased in England and Wales from £270,000 to £322,000) and half of the remaining estate.

Key Takeaways

This case underscores the importance of regularly reviewing and updating a will, especially before or after marriage, to ensure that it reflects the testator’s true wishes. It is crucial to remember that marriage automatically revokes any earlier will unless specific provisions are made. For individuals concerned about challenges to their testamentary capacity, seeking professional legal advice when drafting a will is highly recommended.

Additionally, creating a Lasting Power of Attorney (LPA) while mentally capable allows you to appoint trusted individuals to manage your financial and personal affairs, offering additional protection against undue influence or predatory behaviour.

The Langley v Qin case highlights the vulnerabilities in estate planning, especially for elderly or infirm individuals. It serves as a powerful reminder of the need for thorough legal oversight to protect the rights and intentions of those most at risk.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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