UK eVisa, what is it?

An eVisa is how you prove your immigration status in 2025. Physical documents like BRPs and vignettes will be replaced by eVisas, which will remain valid until their expiry date on 31 December 2024.

If your status was granted for a longer period, it will not be affected by the expiry date of your physical document.

Earlier this month, we published an article confirming that the UK eVisa system is now live. All holders of BRP cards are recommended to sign up for this platform as it grants you the right to live in the UK continuously.

As a reminder to all those with dependants, you must ensure that all members of your family register for the e-visa.

Your eVisa is an online record of your immigration status and will show the conditions of your permission to enter or stay. To access your eVisa and share your immigration status with third parties, you must create a UKVI account if you do not already have one.

Your eVisa will be linked to your passport or travel documents, allowing border force to automatically verify your status. For more information, check out this link created by the Home Office.

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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lisaslaw@web

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High Court refuses to reverse divorce order which was applied for by mistake

Imagine accidentally being divorced and unable to reverse it. This unfortunate scenario happened when a staff member at the law firm, Vardag’s, went to apply for a final divorce order for a client, but accidentally opened the file of Mr and Mrs Williams. Just 21 minutes later, the wrong couple was divorced.

Mr and Mrs Williams had separated in January 2023 after 22 years of marriage when Mrs Williams filed an application for divorce. Her solicitors then used the online portal to apply for a final order of divorce in error, before discovering their mistake 2 days later. Despite them applying for the order to be set aside, claiming that they were still married, the husband did not accept this and went to the High Court.

The High Court ruled last week that despite the error made by the solicitor who selected the wrong client, the final order for divorce must be upheld. They added that there was no precedent for the overturning of an order where there is no procedural irregularity. Sir Andrew McFarlane, president of the Family Division, stated: ‘There is a strong public policy interest in respecting the certainty and finality that flows from a final divorce order and maintaining the status quo that it has established.” By setting aside the finality of this order, he added that it risks a party claiming that an application for divorce was made by mistake.

Final orders for divorce are made using the HM Courts and Tribunal online divorce portal, part of a range of measures which have been brought in to simplify divorce in the UK. However, Ayesha Vardag, the founder of Vardag’s, criticised the lack of checks when using the platform, outlining that the mistake was as simple as clicking the wrong name on a drop-down menu.

She added: “The courts shouldn’t change people’s marital status based on a slip on an online portal. Whether the person makes the slip themselves or their lawyer does. It goes against the principle of intention which suffuses our law. It’s absurd that we can have orders amended under the “slip rule” and everyone understands it happens, but when it’s a slip on the portal it’s set in stone.”

Known as the ‘Diva of divorce’, Vardag has acted on behalf of a number of high status and high net worth individuals in settlements worth tens of millions of pounds. She and her firm have pledged their full support to the staff member who made the mistake.

Our thoughts

The nature of the relationship between the solicitor and the client means that in this situation, there was nothing that the client could do to remedy the situation. The judge had already issued a conditional order before, and there was no procedural irregularity as previously explained. The act of applying for a final order for divorce is very simple, with no detailed check at this final stage of the process.

Divorce process stages

In the majority of cases, the process of applying for divorce is simple as long as you and your spouse both agree to divorce and cooperate. with the Court proceedings. The stages and timeframes in the process include the following:

To start a divorce, we (on your behalf, the applicant) will need to file an application with the Court.
After the Court has issued your divorce application, the Court will send the application to your spouse (the respondent), where the respondent has to say whether or not they intend to dispute the divorce etc.
Applying for the Conditional Order, the application for such an order cannot be submitted to the Court unless 20 weeks have elapsed from the issue of proceedings (not submission).
Applying for the Final Order, you will have to wait a further six weeks after the date of the conditional order to apply for the final divorce order.

– The overall timeframe for divorce proceedings is around 10 to 12 months. This can vary depending on the current timescales. and workload of the Court.

– Please note that financial and children arrangements may delay the process further.

Do I need to divide the matrimonial assets in a divorce?

Financial settlement legal processes are completely separate from the divorce itself. Once you start your divorce; it is strongly advisable to deal with your financial matters at the same time to avoid unexpected claims from your former spouse in the future. If you are able to reach a mutually acceptable agreement on the finance division, you may wish to apply to the Court to endorse your agreement in order to obtain a clean break. This can be achieved by applying for a Consent Order.

When filing a Consent Order, the Court requires full and frank disclosure of your assets, liabilities and income from both of you to ensure that your agreement is fair. It is important to note that a Consent Order for divorce can only be applied once the Conditional Order is made. If you and your spouse are unable to agree on the terms, you can negotiate with the help of solicitors, attend mediation or apply for a financial order in Court. Please note that the Court will not make a binding financial order unless you or the respondent ask it to, or unless your separate financial court proceedings have reached a conclusion.

If you have any questions regarding divorce proceedings or financial settlement, feel free to contact us.

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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Removal of Absence Requirement Marks New Era for 10-Year Settlement Applications – our analysis is proved right

Last month, we published an article following the release of the latest statement of changes to the Immigration Rules: HC 590, which was issued on March 14 2024. In this article, we made observations about the absence of any mention that applicants for 10-year settlement must not exceed 548 days away after living in the UK lawfully for 10 years. We can now confirm that this analysis was correct.

The statement of changes listed a number of new proposals, most importantly the introduction of appendix long residence.

An application under long residence is used by those who have stayed in the UK lawfully for 10 years which could have been via a combination of different visas. The statements stated that there would be the introduction of Appendix Long Residence and the removal of paragraph 276, part 7 from the immigration rules.

Before this big change, people wanting to settle in the UK had strict rules to follow. If they were away from the UK for more than 548 days in total over 10 years, or for more than 184 days at once, they couldn’t apply for settlement. However, we noticed something important when we looked at the new rules: there was no mention of absences relating to the 548 days. This wasn’t stated in the statement of changes and no reference was given in appendix continuous residence.

This would mean that as of 11^th April 2024, all those who have been prevented from applying for ILR due to exceeding absences for over 548 days will no longer be prevented from applying for settlement. We have seen over the past year that this has affected many people who were stranded abroad during the pandemic and promptly made our observations known. We can now confirm that following the release of the new appendix long residence, our analysis was indeed correct and there is no such requirement. Please note that the absence requirement of not being absent from the UK for 180 days at any given time still applies.

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/

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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Should you enter a cohabitation agreement with your partner?

In today’s society, unmarried cohabitation is not uncommon. In the UK, there is no so-called “common law marriage”, which exists in other countries. Cohabiting couples do not have the protection of legal couples, and the issue of money can become a very sensitive one. Many decide to enter a cohabitation agreement as a solution to this problem. But why should you enter one?

A new study has found that one in five (21%) Brits have had their relationships break up due to financial misunderstandings. 41% of those surveyed said they lose sleep due to the stress of money issues. Couples find it difficult to have open and honest discussions with each other while hoping to protect their assets.

We discussed why you should look to enter into a cohabitation agreement in a previous article here. Let’s look at what it actually is here.

What is a cohabitation agreement?

A cohabitation agreement is a written document, usually signed as a deed in front of witnesses, and it generally involves three main aspects:

Who owns (or owes) what at the time of the agreement, and in what proportion?
What financial arrangements you decide to make while living together, and
If you break up, how will property, assets, and income be divided?

If the agreement is well drafted, has reasonable terms, and both of you have obtained independent legal advice on the validity of the agreement, the courts are more likely to uphold the agreement in the event of a dispute.

Whether you are about to start living together or have been living together for several years, you can enter into a cohabitation agreement at any time. Your family lawyer can help you negotiate the agreement and write it down so it is respected by the courts in the event of a dispute. Many couples also find that the process of entering into a cohabitation agreement means they have the opportunity to think about and discuss how to live together financially, which means there is less chance of arguments over money later on.

What might you want drafted in a cohabitation agreement?

Shared house

If you buy a property together, the cohabitation agreement can list the shared property, but it is important to record who owns the home and whether there are any separate agreements or commitments that are not reflected in the legal document. Who is paying the mortgage? If there are any endowment insurance or other savings arrangements associated with the mortgage, what are the contribution limits for those insurance or savings arrangements? Do you want to insure each other’s lives? Your family lawyer may need to advise you on the implications of a shared home arrangement, as this is often the most complex issue faced by cohabitants.

Money and bill payments

Many people find it convenient to have a joint bank account when living together, but they need to decide how much to contribute to the account. Are the contributions equal? If not equal, would you consider the money in the joint account to be jointly owned? What will the joint account be used for, and when should your individual accounts be used? If not using a joint account, who pays for which of the household bills? What about credit cards and debt?

Pension

Pensions are often overlooked and can sometimes give you the opportunity to provide for your loved ones. For example, you may wish to agree on a nomination for line of duty death benefit.

Personal property

You should consider who owns and/or will keep items such as furniture and cars, and ideally work out now ownership rules for important items, or ways to resolve any disagreements in the event of separation.

Child

Although not legally binding, it is worth considering whether you would be willing to provide support for any children (for example, school or college fees) above and beyond the minimum standards set out by the child support system if you separated set some expectations on how to care for your children.

Legal rules may change in the future, and the specific rights granted to cohabitants will also change accordingly. In addition, the circumstances of both parties will change. For example, if you move, suddenly have a child, or other major changes occur, you may need to revisit the agreement, and it’s important to make sure it’s up to date.

Cohabiting couples who are not married should also create a will so that if you die while you are living with someone else, your wishes will be carried out. While it is possible for cohabitants to inherit in certain circumstances, there are no strict rules so you must be clear about your wishes.

At Lisa’s Law, we regularly help young couples with cohabitation agreements. Contact us today to get started.

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/

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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New 2024 employment law changes take effect – what are they?

A number of key changes to employment law have taken effect as of the 6^th April, greatly expanding the rights of workers in England and Wales. So, what additional rights do workers have due to the new legislation? Let’s take a look at the 2024 employment law changes introduced by the government.

Right to request flexible working from day one of employment

A major change is the right for employees to request flexible working from day one of employment. Previously, this was something which could only be requested after 26 weeks of continuous employment.

We previously covered the flexible working act here.

It is important to point out that this is not a right to flexible working for employees, but a right to request it. Employers should therefore make their decision as to whether to allow an employee to work flexibly in how they previously approached it.

The following will also apply:

New requirements for employers to consult with the employee before rejecting their flexible working request.
Permission to make two statutory requests in any 12-month period (rather than the current one request).
Reduced waiting times for decisions to be made (within which an employer administers the statutory request) from three months to two months.
The removal of existing requirements that the employee must explain what effect, if any, the change applied for would have on the employer and how that effect might be dealt with.

New protections from redundancy for pregnant employees

Another big change is the expansion of redundancy protection during pregnancy through the Maternity Leave, Adoption Leave and Shared Paternal Leave (Amendment) Regulations 2024.

Employees who are now on maternity leave, adoption leave or on shared paternal leave now have an extended period of special protection from redundancy.

Pregnancy and maternity leave

Changes to the rules mean that pregnant employees are protected from the moment they tell their employer they are pregnant as well as for an extended period following their return to work from statutory maternity leave. This extended period is calculated as being 18 months following the first day of the expected week of childbirth.

In order to qualify for these new rules, the employer must be informed of the pregnancy on or after 6^th April 2024. For the additional protected period, it is for any maternity leave which ends on or after 6^th April 2024.

There are also greater protections for employees who have suffered a miscarriage. This means that they are protected for a period of two weeks after the pregnancy ends.

Adoption leave

Employees will be protected during their adoption leave (52 weeks, same as maternity leave) as well as for an additional protected period when they return to work. This is calculated from the day the child is placed for adoption with the employee for a period of 18 months

Shared parental leave

Finally, shared parental leave rights are also being expanded. Employees are now protected during shared parental leave in addition to when they return to work.

In the case of shared parental leave, this is calculated from the child’s birth date/their placement for adoption for a period of 18 months. It is important to note that this additional protection period will only be available if:

The employee has taken at least six weeks of continuous shared parental leave, and:
Will apply to shared parental leave which starts on or after 6^th April 2024

However, this protection will not apply if the employee is already protected by the maternity or adoption leave provisions above.

Carer’s leave

Another change concerns major changes to carer’s leave in the form of the Carer’s Leave Regulations 2024.

Like the request for flexible working, this is a day one right. It is limited to one week of unpaid leave per year. Those who qualify are employees who are caring for a dependant who have a long-term care need. The definition of a dependent includes a spouse, civil partner, child, parent, a person who lives in the same household, or someone who reasonably relies on the employee for care.

Holiday Pay

Finally, changes to holiday pay have also come into effect. While technically it came into force on 1^st January 2024, the change only applies to holiday years which start on or after 1^st April 2024. For those whose leave years run from January to December, their leave years will not be impacted until January 2025.

Calculation of holiday pay for irregular or part-year workers

For leave years which begin on or after April 2024, holiday entitlement for part-year workers or irregular-hours workers will be calculated in hours instead of weeks. Holiday entitlement will be accrued at the rate of 12.07% of hours which have been worked in a pay period – capped at 28 days. Under the legislation, an irregular hours worker is defined as someone whose working hours are “wholly or mostly” variable under their contract. Meanwhile, a part-year worker is someone who is only required to work part of the year. They have periods within the year where they are not paid as they are not required to work.

Rolled-up holiday pay for irregular hours and part-year workers

Furthermore, employers will also have the right to implement rolled-up holiday pay for irregular hours and part-year workers. Instead of being paid at the time that holiday is taken, holiday pay for these workers can be paid as an uplift of 12.07% to the normal rate of pay at the time that the work is done. This has been introduced despite concerns that workers may be deterred from taking holiday and getting enough rest from their job.

Changes to how a week’s pay is defined for holiday pay calculations

From 1^st January 2024, the 4 weeks of statutory holiday pay must be calculated based on a worker’s normal rate of pay, in addition to any other additional payments such as regular overtime, commission, bonus, call out etc. This is derived from EU case law.

However, the remaining 1.6 weeks of statutory holiday continue to be subject to how a week’s pay was previously defined under the Employment Rights Act 1996. This is dependent on whether the worker works normal working hours.

Changes to the right to carry over holiday pay

Previously, EU case law provided for a worker to carry over their holiday entitlement to the next holiday pay if a worker has been unavoidably prevented from taking holiday due to statutory family leave. EU law also provided for an worker to carry over their annual leave if they had been prevented from doing so by their employer. These rights have now been codified in UK law, giving employers greater confidence and understanding of how to enforce them.

In practise, this means that a worker may carry over up to 28 days of holiday each year if they are unable to take paid holiday during their leave year due to:

The employee being off due to maternity leave or any other family-related leave
The employee has been off sick
The employer refuses to pay a worker their holiday pay entitlement
The employer fails to make the worker aware that their untaken holiday will be lost at the end of their leave year
The employer fails to give the worker the opportunity to take holiday leave, or has failed to encourage them to do so

Our thoughts

In conclusion, the recent changes to employment law in England and Wales mark a significant shift towards enhancing workers’ rights and flexibility in the workplace. With the expansion of rights such as the right to request flexible working from day one, extended redundancy protections for pregnant employees, and the introduction of carer’s leave, employees now have greater support and options to balance their work and personal lives.

Furthermore, amendments to holiday pay calculations and carryover provisions aim to ensure fair treatment for part-year and irregular-hours workers, enabling them to access their entitled holiday benefits more effectively.

Following the introduction of these new regulations, it is incumbent upon employers to familiarise themselves with these updated rights and obligations and to update their company policies and procedures. Employers should also ensure that managers are aware of the updates in order to be able to implement them.

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/

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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Huge increase to skilled worker visa salary threshold takes effect

As of 4th April 2024, some big changes to the skilled worker route came into force. Most foreign workers will now need to earn £38,700 to obtain a skilled worker visa. This is a huge increase to the skilled worker salary threshold from the previous requirement of £26,200.

These changes were initially announced in December last year as part of the government’s 5-point plan to reduce net migration. Part of this plan has now come into force. Current holders of the Skilled Worker visa will not be affected by the new income requirement and can rely on previous levels.

We anticipate that this change will have a huge impact on net migration. For many small businesses, it may too be costly to sponsor a foreign worker with an annual salary of £38,700 and considering other costs associates with sponsorship.

Another change is the introduction of a new Immigration Salary List, which replaces the Shortage Occupation List. Those who are applying for select jobs which are listed in in the new Immigration Salary List will need to meet a lower salary threshold. This is due to the jobs being in a shortage in the UK. The new list contains fewer positions which are considered in shortage.

The UK Immigration Salary List can be found here: https://www.gov.uk/government/publications/skilled-worker-visa-immigration-salary-list/skilled-worker-visa-immigration-salary-list

Meanwhile, the widely reported change to the income requirement for family related visas is due to come into force on 11th April 2024.

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/

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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A Guide to Anti-Money Laundering (AML) Checks for Homebuyers in the UK

In the UK, property buyers must adhere to stringent anti-money laundering (AML) regulations. The intention of this is to prevent the misuse of the property purchase for illicit financial activities by criminals. Understanding and complying with AML checks are essential for a smooth mortgage application process.

Money laundering is used by criminals to hide the origins of illegally acquired money in order to make it seem legitimate. The National Crime Agency estimated in 2019 that serious and organised crime costs the UK economy at least £37 billion a year.

As a result, money laundering is taken very seriously due to the frequency with which criminals attempt to purchase property to ‘clean’ the proceeds of criminal activities. The UK is particularly vulnerable to money laundering due to the size of the property market and the sums of money involved when it comes to property assets.

If you are thinking about buying a property, it’s a good idea to ensure that you are prepared to be able to prove your identity, that you can prove you have the funds required to purchase, and that you can prove where the money comes from.

Let’s discuss the various stages of AML checks, why they are important, and what information you need to provide.

What information do you need to provide in AML checks?

Homebuyers need to provide a range of information when it comes to the mortgage process. The three stages of AML checks include proof of identity, proof of funds and source of funds. This is a legal requirement for your solicitor when you are buying a property.

Proof of identity

Perhaps the most basic thing you need to prove when you are buying a property is that you are who you say you are.

Name
Date of birth
Current address

You can use any of the following documents to prove your name and address:

A current passport
Residence permit
UK/EU driving license
A recent bank statement
A recent mortgage statement
Your biometric residence permit (BRP)
A recent tenancy agreement with your local authority
A recent utility bill
Benefits book/state pension letter or notification

Proof of funds

As well as proof of ID, you will also be asked to provide proof of funds at various stages in the process. So how can you do this? Let’s examine the different ways in which you are able to provide proof of funds when purchasing a property.

When you are buying a property, you will be required to prove that you have the money required to purchase the property. This is a requirement for your estate agents, lenders and solicitor/conveyancing agent. Failure to do so can mean that they could be fined or imprisoned.

A good way of proving that you have the funds available is to get a mortgage in principle agreement from your lender. This is done by filling out an online form which will then confirm your ability to afford a property. It may be a good idea to do this before you start the process of buying a property. Overall, the following are some of the best ways of providing proof of funds:

Mortgage in principle (MIP) agreement
Bank statement with required funds for buying with cash
Bank statement with required funds for buying with a mortgage
Letter of proof if the deposit is gifted
Evidence of a property sale being used to fund your purchase

Source of funds

Finally, there will also be a requirement for you to evidence your source of funds. This differs from proof of funds in that rather than simply proving that you have the funds, proving the source of funds means showing how you acquired the money for your deposit. So how can you prove the source of funds when buying with a mortgage? Here are some of the most common methods.

Personal savings

Personal savings are the most common way of putting down a deposit and usually consist of regular small payments from your salary of other types of income. As your conveyancer, we will usually require 6 months’ worth of bank statements. If you have savings in any other accounts, you will also have to provide the last 6 months of bank statements from these accounts.

Wills and Inheritance

Inherited funds from your family members, relatives and friends will be subject to the relevant documentation such as a copy of the will or a letter from the executors which confirms your entitlement.

Gifts from family or friends

Financial gifts are increasingly common given the current state of the housing market and the difficulties many people have getting on the property ladder. Naturally, your conveyancer/solicitor and lender will question a large lump sum of funds which arrives in your account. You will therefore have to both provide evidence that the money has come from a legitimate source, as well as that it was given to you of their own volition.

The person gifting you the money will be required to sign a declaration which confirms how much they have gifted you. They will also have to confirm that the funds are a gift and not a loan, as well as that the person won’t be entitled to a share of the property.

Different mortgage providers will have different requirements for gifted deposit so it is important to check this if you are receiving a gift to pay for your deposit.

Property sale

If some of the money comes from the sale of a property which has already been completed, we will usually require a completion statement to confirm that the sale has gone through. This will not usually be necessary if you are using us as your firm for both the sale and purchase.

Pension lump sum

When it comes to the use of a pension to pay for a deposit, a copy of your pension statement will be required, as well as a copy of your bank statement which displays the receipt of funds.

Winnings

Finally, if you are lucky enough to have won your money, either through gambling, the lottery, or through premium bonds, you will need to prove this by showing evidence of the winnings as well as your bank statement in order to confirm receipt.

Final thoughts

Please note that you may not be able to fund your purchase with funds from abroad, as the majority of countries not in the EU won’t pass the AML checks. You should check the position of your chosen solicitor on this matter as early as possible.

As a law firm with a dedicated conveyancing department, we have a number of qualified conveyancing solicitors and conveyancers. They will be able to guide you throughout the process, as well as provide more information about the areas covered in this article depending on your individual circumstances.

Looking to purchase a property? Contact us today!

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 info@lisaslaw.co.uk.

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 Office UK eVisa system is now live

Over the past few months we have been eagerly awaiting the implementation of an online UK eVisa system which will end the issuing of BRP cards. Many BRP card holders were wondering why, despite their visa being granted for longer, their BRP card had an expiry of 31^st December 2024. We explained that this was due to the upcoming implementation of an online visa system, known as an eVisa.

We can now confirm that this UK eVisa system is live. As a result, all holders of BRP cards are recommended to sign up to the eVisa platform. This platform will give you the right to live in the UK. As a reminder to all those with dependants, you must ensure that all members of your family register for the e-visa.

Although you can still use the BRP Card until the expiry date, after this all checks will be done using the online system.

What do we charge for eVisa registration?

We at Lisa’s Law are undertaking registration for an eVisa for a fixed price of £150 plus VAT. This fixed fee is set regardless of whether it for one person or for all the member of your immediate family.

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/

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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New passport fees: UK passport application fees to rise by 7% in April

From 11th April 2024, the UK government will introduce new passport fees for all applications made on and after this date, as announced by the Home Office and HM Passport Office on 20th March 2024.

The proposals, subject to parliamentary approval, include the following:

A standard online application made from within the UK will rise to £88.50 for adults and £57.50 for children.
A standard postal application will increase to £100.00 for adults and £69.00 for children.
A standard online application when applying from overseas will rise to £101.00 for adults and £65.50 for children.
A standard paper application when applying from overseas will increase to £112.50 for adults and £77.00 for children.

The increase aims to ensure that income from these applications better meets the cost of delivering passport and associated operations, reducing reliance on funding from general taxation, as stated by the government. The announcement also emphasises that “The government does not make any profit from the cost of passport applications.”

The new fees will contribute to the cost of processing passport applications, consular support overseas (including for lost or stolen passports), the cost of processing British citizens at UK borders, and to enable the government to continue improving its services.

Please note: the new fees apply to both new applicants and those renewing their passport. Typically, it takes up to 3 weeks for a passport to be issued if applied from within the UK, so it is advisable to apply in good time before travelling.

You can choose to apply online or by post. Currently it is £10.50 cheaper if you choose to apply online than by post.

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/

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

lisaslaw@web

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Lidl v Tesco – What does Tesco’s defeat mean for the future of the Tesco Clubcard?

Tesco has lost its appeal over a long-running trademark dispute with budget supermarket Lidl. The primary dispute in question concerned its use of a yellow circle against a blue background in its Clubcard logo. The decision in the Lidl v Tesco Court of Appeal case means that Tesco will now be forced into changing its Clubcard logo to one which looks less like Lidl’s main logo.

Anyone who uses Tesco on a regular basis will be well aware of the Tesco Clubcard. Originating in 1995, the Tesco Clubcard had 16 million Clubcard members in the UK as of 2021. Tesco introduced Clubcard prices in 2017, meaning discounted prices for those who use it. The current Clubcard logo featuring a yellow circle on a square blue background was introduced in September 2020. The Tesco Clubcard logo is therefore a ubiquitous presence in the lives of Tesco shoppers. The similarity of Tesco’s Clubcard Logo with the Lidl logo led to Lidl taking legal action against Tesco.

We previously covered the High Court case last year involving Tesco and Lidl in which the High Court found that Tesco had infringed both of Lidl’s trademarks in the use of its Tesco Clubcard logo. You can read more about that case here.

In this case, the High Court found that Tesco had infringed two trademarks, including Lidl’s logo containing the word LIDL (the mark with text), as well as the Lidl logo without the word (the wordless mark). Tesco did, however, succeed when it came to its counterclaim for a declaration that Lidl’s application for a trademark for the mark without text was made in bad faith.

Both sides appealed their respective decisions. Tesco’s appeal focused on their argument that the judge had erred in her findings of trademark and copyright infringement, as well as passing off. They also appealed the grant of an injunction based on their belief that the judge had erred. The case therefore proceeded to the Court of Appeal.

What did the Court of Appeal decide?

The Court of Appeal upheld much of the High Court judge’s decision, deciding that Tesco’s appeal in relation to trademark infringement and passing off was dismissed. The High Court judge had therefore not erred in her findings of infringement. Let’s examine each of the claims in detail, starting with trademark infringement and passing off.

Trademark infringement and passing off

The Court of Appeal were somewhat reluctant to uphold the decision made by the High Court judge when it came to the trademark infringement and passing off decision. However, Tesco’s appeal was dismissed in regard to trademark infringement and passing off. The findings of fact that enough consumers may be misled into believing that Tesco were offering a Lidl price match through the use of the wordless mark (the blue square and yellow circle) was upheld.

The trial judge did not consider whether the CCP signs (Tesco Clubcard symbol) conveyed the price matching messages to herself, instead, she used the evidence of consumers, surveys and internal warnings to come to the conclusion that Tesco’s Clubcard symbol did convey the price matching message.

The court stated that the findings by the High Court judge were “surprising” and that they were “at the outer boundaries of trademark protection and passing off”. Despite the senior judge on the panel stating his implicit disagreement with the decision by expressing his doubt as to whether he would have had come to the same conclusion, the judge outlined that it is not up to the Court of Appeal to “substitute our own evaluation”.

The reason for this is that it is very difficult to overturn findings of fact on appeal. In order to do so, it is necessary for the judge’s finding to be “rationally insupportable”. As the trial judge’s findings could not be faulted in law, this high threshold was not met by the Court of Appeal.

Copyright infringement

When it came to the copyright infringement decision, Tesco’s appeal against the finding by the trial judge was on two grounds. Firstly, that the Lidl logo (“the Mark with Text” ) was original so that the copyright subsisted. Secondly, they also challenged the finding of the trial judge that Tesco’s Clubcard logo (CCP signs) “reproduce a substantial part of the Stage 3 work” – which refers to the current Lidl Logo.

The simplicity of Lidl’s logo meant that their scope of copyright protection was also low. The Court of Appeal disagreed with the High Court’s findings, concluding that Tesco had not infringed the copyright in Lidl’s logo in the creation of its Clubcard logo.

The reason for this was that Tesco had not taken enough of the Lidl logo for it to be considered that a substantial part of it had been taken, as per section 16(3)(a) of the Copyright, Designs and Patents Act 1988. Both the shade of blue and the distance between the circle and the square in the Tesco Clubcard logo (CCP signs) was different from the Lidl logo (“the Mark with Text” ). The Court of Appeal therefore found that the only thing Tesco had copied was the “visual concept of a blue square surrounding (among other material) a yellow circle.

As a result, the conclusion by the Court of Appeal was that Tesco did not infringe the copyright in the Lidl Logo.

Lidl appeal against invalid registration of Wordless Mark

Finally, Lidl’s appeal against the finding that the 1995, 2002, 2005 and 2007 registrations of the wordless mark (Lidl logo with text) were also dismissed. The High Court held that Lidl had failed to provide evidence of its intention to use the trade mark other than to achieve wider protection.

When it came to its appeal of the trial judge’s decision, Lidl failed to identify any serious flaw in the trial judge’s reasoning. As a result, the decision of the trial judge that the wordless trade mark registrations had been filed by Lidl in bad faith was upheld.

Our thoughts

In conclusion, the Court of Appeal’s decision in the Tesco versus Lidl case reaffirms the complexities of trademark infringement, passing off, and copyright disputes. Despite Tesco’s appeals being dismissed, the case highlights the importance of robust evidence in such legal proceedings. Lidl’s success in demonstrating the impact of Tesco’s branding on consumer behaviour underscores the significance of meticulous evidence gathering. This case serves as a precedent, emphasising the evolving landscape of trademark protection and the imperative of vigilant trademark management for businesses.

Our law firm is equipped to assist clients in navigating complex intellectual property matters, offering expert guidance on trademark protection, passing off claims, and copyright infringement. With our tailored legal strategies, we help clients safeguard their rights and mitigate risks in today’s competitive market landscape.

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James Cook

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