Latest news
Spain voted the Best Place to Buy Property Abroad in 2012 - 26th January 2012
The February 2012 Edition of A Place In The Sun Magazine is out today and names the 10 Best Places to Buy Abroad in 2012. We are delighted that Spain was voted number one by the readers. Further details can be read at aplaceinthesun.com
You can read our guide on buying in Spain at Our Spanish Department Page.
You're Taking The P... 24th January 2012
Police investigations are under way at Snaresbrook Crown Court following reports of “tampering“ with the food provided to Judges and barristers! Scotland Yard detectives and the local council are jointly investigating suggestions that food from the kitchens contained urine! The kitchen is currently being staffed with temporary replacements whilst enquiries continue.
2011 Satisfaction Questionnaire results now in - 17th January 2012
All companies that provide a service should monitor how good that service is. We do this by sending out Satisfaction Questionnaires to our clients at the end of a case. Not only do we monitor these throughout the year but also analyse the statistics at the end of the year and compare them to previous years. We have now finalised compiling the statistics for 2011 and are delighted with the results.
The Satisfaction questionnaires are broken down into several different areas with clients being asked to rate our service in each area as either Poor, Satisfactory, Good or Excellent.
In 2011 98.42% of people who replied rated our overall service as “Good or Excellent”. This is slightly up on the 2010 figure but more pleasingly there was an increase of 7.38% to nearly 90% in the number of people who rated us “Excellent” rather than “Good”.
Overall 95.57% of people rated our communication as either “Good or Excellent” with 4.87% more people rated our communication as “Excellent” in 2011 compared to 2010.
The helpfulness of our staff improved slightly in 2011 compared to 2010. “Helpfulness of legal advisers” has improved slightly (by 0.01%) to 97.10%, and 1.53% more people rated us “Excellent” rather than “Good”. “Helpfulness of support staff” improved by 1.44% to 96.82%, and there was a jump of 7.38% in the number of people who rated us “Excellent” rather than “Good”.
Overall we are delighted with the results. The results at the end of 2010 were fantastic and somehow we have managed to improve on those in 2011. Whilst some of the overall results haven’t improved much it is clear that more people are now rating our service as “Excellent” rather than “Good”.
Needless to say we won’t be resting on our laurels and will continue to strive not only to keep up this level of service but also attempt to improve on it in 2012 (even though that target is getting harder to achieve every year!).Secret Diary - 13th January 2012
The Times has recently revealed that a secret diary that could have cleared a convicted murderer was held by the police while he remained in jail, protesting his innocence. Eddie Gilfoyle was jailed for life in 1993 for murdering his pregnant wife by hanging her and making it look like suicide. But The Times has learnt that a locked box containing her diary and personal papers revealed a previous suicide attempt and a traumatic past though it is unclear when they came into possession of the box. If a review of the case finds that evidence was not disclose to Eddie Gilfoyle's legal team the police need to be held accountable.
If you believe you have an action against the police, please refer to the page on this website for further information.John Terry and a Football Banning Order? - 13th January 2012
If found guilty of the charge he faces that he used threatening, abusive or insulting words or behaviour or disorderly behaviour which was racially aggravated then not only does John Terry face a maximum fine of £2,500.00 but more importantly for his football career in England and Wales he could be made the subject of a Football Banning Order for a minimum of 3 years.
The primary restrictions imposed by a Football Banning Order are to prohibit the person subject to the Order from attending regulated football matches in England and Wales and also requiring the person to attend at a police station in relation to a regulated football match outside England and Wales.
So if John Terry is made the subject of a Football Banning Order would he be able play in Premier League, Champions League or England away fixtures?Spanish Tax - 10th January 2012
The new Spanish government, headed up by Prime Minister Mariano Rajoy, has announced some emergency measures aimed at tackling Spain's budget deficit. The measures were announced by the Agencia Tributaria on 31st December 2011 and published on 4th January 2012. There is a range of measures implemented and these have been made as an interim emergency measure as the full budget has been postponed until February. The most interesting announcements as far as British people buying and owning property in Spain are concerned are;
A small increase in the Impuesto Sobre La renta De No residents from 24% to 24.75% for the years 2012 and 2013. This tax is calculated annually and is based on 2% of the official value of the property (i.e. you will now pay 24.75% of 2% of the official value of the property). As such the small increase is unlikely to affect many people too much.
Capital Gains Tax is increased slightly from 19% to 21%. If you are looking at buying a property in Spain you should take advice before you buy to try and put into place measures to reduce down Capital Gains Tax as some of the options available to you have to be put into place before you buy. If you are selling then the Capital Gains Tax in Spain only applies to any increase from the time that you bought.
The rate of tax on new properties has been kept at the same rate that it was at the latter half of last year when it was reduced down from 8% to 4%. This was originally introduced to help stimulate the property market and was intended to return to 8% on 1st January 2012 but the lower rate has been extended until 31st December 2012.
A further announcement by Deputy Prime Minister Soya Saenz de Santamaria on 5th January confirms that the Spanish Government is to tackle tax fraud head on in a drive to bring in more tax. Measures will include personal and corporation taxes being more closely scrutinised and more regular visits by tax inspectors to workplaces to make sure that all workers are being paid through the books rather than cash in hand.The full budget is expected to take place in February and we will bring you further news of announcements at that time or as and when they are made if before.
Sobering Statistics - 6th January 2012
Two recent statistics regarding driving whilst using a mobile phone and the legal drink driving alcohol limit have been revealed recently.
A freedom of information request revealed that more than 171,000 drivers were given a £60 penalty fine over the past year for using a mobile phone whilst driving.
Separate research from Confused.com has revealed that 50% of drivers are unaware of the legal alcohol limit. A further 31% did not know that that alcohol can affect individuals differently and that factors such as weight, stress levels, gender, age and whether they have recently eaten impacts upon alcohol levels
If you have been caught either driving whilst using your mobile phone or over the legal alcohol limit then contact our Motoring Law Department to discuss how we can assist you.New Director - 6th January 2012
The Directors of Chebsey Law Limited are pleased to announce that Jack Khurana joined the Board of Directors with effect from the 1st January 2012. He joins the existing Directors – Keith Chebsey, Caroline Dunne, Alistair Bertrand and Jo Dix. Jack is Head of the Litigation and Employment Department and will continue with this role as well as his new duties as a Director.
Keith Chebsey, Chairman and Director of Chebsey Law Limited said “The appointment further strengthens the management team at Board level and is yet one further step in the ongoing development of the Firm, essential in the challenging business times for the UK that currently exist.”
Jack Khurana said “I am delighted to be appointed to the Board of Chebsey Law Limited and relish the challenge of driving the business forward to even greater success.Spanish Lottery Scam - 20th December 2011
In a few days time probably the most famous lottery in the world will be drawn in Spain. The Sorteo de Navidad or Lotería de Navidad (Commonly known as "El Gordo", which translates as "the Fat One") is the big Spanish Christmas Lottery that has been going on since 1892. At the end of December and early January we always have various people contact us to ask us to help them with their big lottery win in Spain.
Unfortunately because the prize fund is so big a series of scams associated with the lottery have been developed and every year we speak to people who have fallen for, or are about to fall for these scams.
The scams work by getting you to pay some money up front to claim your prize. This is normally for "taxes", "insurance", "delivery costs", "administration fees" or something like that. Often you are told that there is a very short period of time to pay these costs in order to claim your prize.
You can avoid these scams by keeping to some simple rules;
1. If somebody contacts you to tell you that you have won - it is a scam. The organisers do not have your contact details to contact you and neither do they know that you have that ticket.
2. If you are told that you have won but haven't got a ticket - it is a scam. It is quite simple – if you haven't bought a ticket you haven't won. Random strangers do not buy you a ticket as part of a syndicate that you are not part of.
3. If you are asked to pay fees up front before receiving your prize - it is a scam. The body that runs El Gordo (Loterías y Apuestas del Estado) does not require fees to be paid up front from you if you have won and neither does the Spanish Tax man.
Consultation on Fees in Employment Tribunals Announced - 19th December 2011
The Ministry of Justice have issued a consultation paper on introducing fees for Employment Tribunal claims. The purpose of the consultation paper is designed to seek views on how charges should be levied; it is not to discuss the principle of charging fees.
The consultation is aimed at employers, employees, trade unions, employer organisations, representatives and other interested parties in Great Britain and will be open until 6th March 2012.
Currently, bringing a claim in the Employment Tribunal or appeal in the Employment Appeals Tribunal is free, which means that the taxpayer is charged with the full cost of running the tribunal claims (estimated at £84 million last year).
The aim of a fee structure is to relieve pressure on the taxpayer and encourage parties to think through whether a dispute may be settled earlier and faster by other means. It is also designed to put users of the employment tribunal and Employment Appeals Tribunal on broadly the same footing as court users who already pay fees. There will be waivers for those who cannot pay the fees and therefore aims to rebalance the system without denying access to justice for those on limited means.
The consultation paper sets out that although it is important that employees have access to justice, employers often complain that the free access to the tribunal service means that claimants do not consider whether they should or need to enter into a formal claim and whether the claim could be reconciled without tribunal action.
There are two sets of proposals in place. Depending on the result of the consultation, the introduction of fees will take place in either 2013 or 2014.
Option One:
The Claimant will pay an application fee for issuing a claim and will pay a further fee for a hearing. Fees will also be payable for interim applications. Broadly, the fee type will be based on the type of the claim and the stage that it is at in the proceedings. Indicative fees range from £150 to £250 for an issue fee and £250-£1250 for a hearing fee (based on one Claimant).
Option Two:
The Claimant will pay a single fee for issuing the claim. Fees will also be payable for interim applications. Broadly, the fee type will be based on the type of the claim and the value of the claim. Indicative fees range from £200 to £1750 for an issue fee and there would not be a hearing fee (based on one Claimant).
In both Option One and Option Two, the tribunals would have the power to order that the unsuccessful party reimburses the fees paid by the successful party so that the cost is ultimately borne against the party who caused the system to be used.
There are advantages and disadvantages to both Option One and Option Two, and the paper recognises that there will be inherent problems which will need to be addressed before either option can be implemented.
The Consultation Paper contains much more detail about the proposals and we urge our readers to consider the same and forward their thoughts to complete the Consultation Questionnaire.
Christmas Opening Times
Please note that our offices will close at 5.30pm on 23rd December for the Christmas break and will re-open at 9.00am on Wednesday the 28th December. The offices will be closed for New Year at 5.30pm on Friday 30th December and will re-open on Tuesday 3rd January 2012.
We wish all our clients and colleagues a happy and peaceful Christmas and a prosperous New Year.
Google+ Pages - 2nd December 2011
Now that we are allowed to have Google+ Business Pages we are pleased to announce that Chebsey & Co has it's own Google+ Page. This is in addition to our existing Twitter, LinkedIn and Facebook pages. We have set up a Google+ page for both Chebsey & Co and Bath Law. You can see our Chebsey Page here and our Bath Law page here. We will be keeping all social media up to date with interesting legal updates and news on what is happening in our offices so sign up to follow us on our social media. The Chebsey & Co Google+ page is under the name "Chebsey & Co" and the Bath Law Google+ page is "Bath Law".
Employment Law Reforms - 24th November 2011
Business Secretary Vince Cable has announced government proposals for a radical reform of current employment law, aimed to allow for growth, cut unnecessary demands on busines, while safeguarding workers' rights. The government has also published i's Response to the Consultation on resolving Workplace Disputes.
The main proposals are;
- The qualifying period for unfair dispissal claims will increase from one year to two years
- The compulsory lodging of all claims through ACAS (Advisory, Conciliation and Arbitration Service) before a claim can be lodged with the Employment Tribunal
- The introduction of protected conversations (however this will not extend to protect any act of discrimination)
- To reduce the minimum period for redundancy consultation
Other proposals include;
- Options for a "rapid resolution scheme", to enable simple claims to be settled within three months
- Financial penalties to be introduced on employers who breach employment rights, payable to the Exchequer, subject to a discretion exercisable by Employment Judges
- A fundamental review of employment tribunal rules of procedure to include changes to costs and deposit orders
- Maternity and paternity leave to be "modernised", with emphasis on greater involvement for fathers
The Government Response to the Consultation on Resolving Workplace Disputes can be read here.
Vince Cable's speech can be seen here.
Bath Christmas Lights Switch On - 23rd November 2011
On 17th November our Bath Law office hosted an informal evening for clients and local contacts to coincide with the turning on of the Bath Christmas Lights. The turning on of the lights happens immediately outside our office on the corner of Milsom Street and New Bond Street and therefore to have such an event in our office is a fantastic opportunity. Some of the guests had lived in Bath for many years and had not attended the turning on of the lights before so to get the chance to watch from such a vantage point is a rare opportunity which they took good advantage of.
Click here for pictures and more information about the event
November Newsletter - 22nd November 2011
The latest edition of Chat with Chebsey is now out. If you don't receive a copy directly sign up for the newsletter here or read online here. This edition of Chat with Chebsey includes articles on our recent anniversaries, our latest Award, Social Media Policies, Surveys, Police Stop and Search Powers, Wills, HMRC and Foreign Income, Spanish elections, David Flatman raising money for Movember and an interview with Amy French from our Criminal Law department.
David Flatman Scores - 22nd November 2011
We were delighted to see David Flatman score his maiden try for Bath Rugby Club on Sunday after 9 years and 147 games at Bath. David is a loosehead prop and therefore his role would not normally involve scoring, but the cheering home crowd could not have been more delighted that he did so as he scored against Montpellier on the way to a 16-13 victory at The Rec.
Rumours that David has benefited from new Samson like strength as a result of his Movember Moustache are yet to be confirmed but we eagerly wait to see whether he keeps it for the rest of the season.
You can follow David on Twitter at @DavidFlatman and can help him raise money for Movember (and possibly score more points on the field) by donating here.
Spanish Elections - 21st November 2011
The Spanish Elections took place yesterday and, as widely expected, the centre reight Partido Popular (PP) took victory. The Socialist Party,who had been in power since 2004 admitted defeat when it became clear that the PP had a clear majority in the lower chamber. The PP leader Mariano Rajoy will now become the next Prime Minister. The outgoing Socialist Prime Minister, Jose Luis Rodriguez Zapatero, did not stand for re-election.
With a change in Government and the Spanish budget coming up at the end of the year, we are expecting some announcements and changes over the next couple of months which could affect our clients. Keep an eye on our website and our social media for breaking news.
Movember - 11th November 2011
David Flatman, who is sponsored by us under our Bath name of Bath Law, is doing his bit to raise awareness and funds for men's health (specifically prostate cancer and other cancers that affect men) by getting involved in Movember. For those of you who do not know Movember it is a way of raising money for a worthwhile cause whilst having a bit of fun for a month. The idea is that men grown a moustache during November and raise money whilst doing it.
Not only is David growing facial hair for the month of "Movember" and captaining Team VitaMo but he will also be helping judge the best efforts at the end of the month.
Further details of the efforts that David is making and how to join in and make a difference can be found here.
Rememberance Day - 11th November 2011
This week we have Armistice Day and Remembrance Sunday. In honour of the brave men and women who give so much for their country we have added a poppy to our logo on both our Chebsey & Co and Bath Law websites. This will stay on until a few days after Remembrance Sunday. We also hope that you will join us in keeping the 2 minute silence on 11th November at 11am. Please note that we will not be answering the phones during this time so if you do phone please don't be offended if we don't answer. We will re-open our telephone lines immediately after the end of the 2 minute silence.Further information about the great work that the Royal Legion carry out and the Poppy Appeal can be seen on their website www.britishlegion.org.uk
OPP Awards 2011 - 13th October 2011
We're delighted to announce that we've just won Silver in the Overseas Property Professional Awards 2011 in the category of "Best Lawyer"!
We were the highest placed firm that deals with Spain. These awards are for the whole overseas property market so this is a huge achievement.
AIPP Safe Buying guide 2012 published - 7th October 2011
The latest edition of the AIPP (Association of International Property Professionals) "How to buy Overseas Property Safely" has now been published. This is the 6th Edition of the Guide which is published by the AIPP to highlight areas that they need to be thinking about when buying a propety abroad. The annual guide contains advice and guidance on buying a property abroad including what to do and what not to do. The guide also goes through other topics related to buying a propetry abroad such as inspection trips, how to arrange finance and currency, what to choose, legal and tax issues, and insurance. The guide explains the role of the variuos people involved such as the estate agent and the developer. Checklists are also contained in the guide along with top tips. Of course one of the main areas highlighted by the guide is the need for independent legal advice.
The guide is available in paper format by contacting the AIPP or by downloading it from their website http://www.aipp.org.uk
MX-5 Owners Club National Rally - 18th September 2011
Chebsey & Co will have a stand at MX-5 Owners Club National Rally on 18th September. The Rally is being held at Billing Aquadrome and is open to all owners of the MX-5. Chebsey & Co will be there to promote our Road Traffic Department, which assists people with motoring related matters such as speeding, how to avoid Penalty Point Disqualification, early return of Driving Licence, failure to notify a Driver and so on. Members of that department will be on hand to answer questions to Club Members. Also on hand will be members of our Litigation Department who also deal with issues such as Personal Injury.
Further details of the MX-5 Owners Club National Rally can be seen at http://nationalrally.mx5oc.co.uk/index.htm
David Flatman Sponsorship - September 2011
We are delighted to announce that we have renewed our shirt sponsorship of David Flatman for another season. The association with the charismatic Bath Rugby Prop started last year and has proved such a success that we have decided to continue that relationship. Look out for our name and logo in the match program mes should you visit a match!
Chebsey & Co brand our Bath Office as "Bath Law". Because of this the sponsorship will be in the name of Bath Law. Bath Law also advertises at the bottom of the popular column that David regularly writes for in Bath Life Magazine, which is always an entertaining read.
One of the highlights of last year's association with David was a successful charity quiz night, auction and raffle which raised money for charities chosen by David and Bath Law. We hope that we will be able to repeat that event this year and will keep you posted.
Reduction in VAT on the purchase of new properties in Spain. 19 August 2011
The Spanish Government has today announced a reduction in IVA (Impuesto de Valor Añadido, the Spanish equivalent of VAT) on new properties from 8% to 4%. This measure has been put into place in order to stimulate the construction sector. The reduction is only temporary and is scheduled to last for the next 4 months. This reduction means that people buying new properties could save thousands of pounds in taxes alone on a purchase.
July Newsletter Published
Our latest newsletter has now been sent out. If you do not receive it and wish to sign up click HERE. The latest edition covers;
- Lexcel accreditation
- Private Sewer Transfers
- Limitation Periods
- Police Bail
- Dealing with your partner in divorce or separation
- The dangers of cutting corners with making Wills
- Tax inspections in Spain
- Croxley Green “Revels on the Green”
- Interview with peter Esders from our Spanish Law Department
Bribery Act comes into force today 1 July 2011
The Bribery Act comes into force today (1st July 2011). The Act introduces criminal penalties for individuals and businesses; to help defend against prosecutions, businesses need to ensure that proper procedures are put into place, with which Chebsey & Co can assist.
A bribe is "a financial or other advantage", offered, promised or given to induce someone to perform improperly a function or activity, or to reward them for doing so. An individual will be guilty of an offence even if a bribe is not actually paid, but only promised or offered and individuals can be liable if they have unwittingly received or given a bribe.
The Act creates 4 new criminal offences: bribing, being bribed, bribing a foreign official and, for a business, failing to prevent bribery by an "associated person". "Associated persons" include agents, subsidiaries and employees.
The penalties for individuals are a maximum prison sentence of 10 years and for a business there is an unlimited fine and exclusion from tendering for public contracts, therefore it is imperative that procedures and policies are implemented now.
Bail cases in relation to Greater Manchester Police –v- Hookway 30 June 2011
In recent days the media have made mention of the case at Greater Manchester Police –v- Hookway and have suggested that it might affect thousands of cases currently under investigation.
Regrettably the press reporting of the implications of the case is exaggerated and largely incorrect. It is still early days and the exact implications of the case are still being considered, but in my view this case causes operational difficulties for the police rather than legal ones.
In particular, for those people who are currently on bail we would wish to note the following:
Notwithstanding the recent case, bail was imposed lawfully and you have a legal duty to attend on the next occasion unless the date is cancelled by the police. Any failure to attend may be a criminal offence for which you could be arrested and charged.
If you are subject to bail conditions then you must continue to comply with those conditions. Any failure to do so may still result in any arrest, and any future to abide by lawfully imposed bail conditions may affect any future bail decisions.
We will update the site further once the position relating to this has been clarified.
June Newsletter Published
The June edition of Chat with Chebseys has been published. It contains information regarding;• A Buy to Let Seminar
• Photography and evidence in motoring cases
• Regaining possession of your tenanted property
• The Rugby World Cup and extended Licence hours
• Facebook and Employment
• Revoking wills through marriage
• Exchange rates and Currency dealers
• Our Charity Quiz Night
• Interview with Jo Boyle in our Conveyancing department
Click HERE to read our newsletter and to sign up to receive future editions directly
Buy-To-Let Seminar - 30 June 2011
The Frost Partnership are hosting a 'Buy-to-let' investment event on 30th June (4.00–8.00 pm), at their Beaconsfield office. Whether you are a seasoned investor or are looking to take the plunge into the buy-to-let market for the first time, the seminar aims to provide professional advice on all aspects of property investment and includes;
· First time buy-to-let
· Help choosing a property
· Financing your property
· Legal advice
· Considering the costs
The seminar is being held in conjunction with Chebsey & Co and Salisbury Financial Services, who along with Frosts will be on hand to offer you advice and answer questions on these and other aspects of Buy-to-Let.
This event is free to attend – to register your interest and for professional advice in advance of the event, please contact: Jeremy Fisher on 01753 833002 or email him jeremy.fisher@frostlettings.co.uk
LHP Law In Bath - 2nd June 2011
LHP Law ceased trading on 31st May 2011. Many of the LHP Law client files from their Bath office have been received by this Firm. Bath Law are not and never have been associated with LHP Law in any way and are and always have been independent of them. Bath Law were approached for the task of offering continuity for clients, as they have previous experience in this type of situation and have the capacity and expertise to ensure that disruption to clients is kept to a minimum.
Contact details of our offices can be seen on our contact page.
Keith Chebsey, Chairman and Managing Director of Bath Law said;
It is very sad that LHP Law have been forced to close their firm but our main priority is to do our best to try and minimise the effect of this on their clients. We have experience in the past of receiving large numbers of files from other firms who have gone out of business and therefore not only understand what is required in such cases, but also more importantly understand the concerns and worries that clients have at such times. I can assure all LHP Law clients, whose files have been received by us, that we will do our best to keep any disruption to a minimum and we are sympathetic and understanding of their situation. I can also assure our existing clients that we will do our best to keep the disruption to them down to a minimum.
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Jo Boyle Joins Bath Law - 31st May 2011
We are delighted to announce that Jo Boyle has joined our Bath office from LHP Law. Jo is an experienced Conveyancing Executive and brings with her not only a wealth of experience but also a strong following of clients.
Please click to view her full profile
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Charity Quiz Night Summary - 26th May 2011
The Charity Quiz Night hosted jointly between our Bath office and David Flatman and held at Bath Rugby Clubhouse on the evening of 24th May was a great success. The event raised £2,515 for the two charities being supported – Downs Syndrome Association and Multiple Sclerosis Research Centre. The money will be split evenly between the two charities.
Speaking about the event the two charities said;
"The Down's Syndrome Association was delighted to have been a part of a very successful fundraising evening at Bath Rugby Club, and owe a big thank you to Bath Law and David Flatman for nominating us as a beneficiary. The funds raised will be able to pay for three months of coaching sessions for a DSActive team (football for people with Down's syndrome ) within the UK . This is a significant contribution to the DSA and will make a genuine difference in helping people with Down's syndrome live full and rewarding lives, especially in the current financial climate." - Paul Zanon, Business Development Director, Down's Syndrome Association http://www.downs-syndrome.org.uk/
"I am thrilled that the evening went well and congratulations on raising so much. We are a very small charity with an annual income of approx. £800,000 and to put it in perspective the money you have raised would pay for our 24 hour counselling telephone line for an entire month." Samantha Harper, Events Co-ordinator MSRC www.msrc.co.uk
Bath Law and David Flatman would like to thank all those people and companies who entered a team and who bought raffle tickets and bid on auction prizes.
We would also like to thank the companies and people who generously donated raffle and auction prizes.
The list of companies and individuals who donated raffle and auction prizes were, in no particular order, as follows;
Kustom Floors and Furnishings http://www.kustomfloors.co.uk/
De Vere Venues http://www.devere.co.uk/
David Flatman
Lookers www.lookers.co.uk
TTI-UK www.ttigroup.com
The Chebsey Family
Morgan-Brinkhurst Consultancy - http://www.morganbrinkhurstconsultancy.co.uk/
A Place In The Sun Magazine - http://www.aplaceinthesun.com/magazine.aspx
Bath Rugby – www.bathrugby.com
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Charity Quiz Night - 25th May 2011
Our Charity Quiz night with David Flatman last night raised around £2,500. Further details to follow.
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Latest Edition Of 'Chat With Chebseys' Newsletter Now Out - 20th May 2011Please click here to download the PDF version.
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Free Entertainment Licensing Seminar - 18th May 2011
Our Bath office are holding a free Entertainment Licensing seminar on 24th May. Go to http://goo.gl/F3nV8. for further details & to book.
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Charity Quiz Night - 18th May 2011Our Bath office are holding a Charity Quiz Night with David Flatman on 24th May. Go to http://goo.gl/OaaY6 for further details & to book.
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Jack Khurana rejoins Commercial Litigation and Employment Dept - 9th May 2011
We are delighted to announce that Jack Khurana rejoins Chebsey & Co as a solicitor in the Commercial Litigation and Employment Dept.
Jack brings with him a wealth of experience in matters as far ranging as breach of contract claims, property disputes, professional negligence, and insolvency. On the employment side, he advises on unfair and wrongful dismissal, discrimination claims, unlawful deduction of wages and most other aspects of this rapidly changing area of the law. His approach is to really get to know his clients and their businesses and to understand exactly what each client wants to achieve in any given case. He prides himself on providing concise, clear commercial as well as legal advice in plain English.
Please click to read Jack's full profile here.
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Peter Esders Appointed To The AIPP - 31st March 2011
We are delighted to announce that Peter Esders who works in our Spanish legal department was appointed to the Board of the Association of International Property Professionals (AIPP) at their AGM yesterday. Chebsey & Co are members of AIPP which is the industry body for the International Property market and aims to bring improved standards and professionalism into a largely unregulated market.
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BIIAB Approval - 7 March 2011
Chebsey & Co are pleased to announce that the British Institute of Innkeeping Awarding Body (BIIAB) have granted approval to the company to administer qualifications which will include the following:
National Certificate for Personal Licence Holders
Award for Designated Premises Supervisors
Award for Licensing Practitioners
Award in Responsible Alcohol Retailing
Award in Alcohol Awareness
Please contact our Licensing Manager, Sally Hills , if you would like to sit one of the above courses. Training venues are available on a national basis, subject to candidate numbers.
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New "Timeshare" law comes into force today - 23 Feb 2011
The new Timeshare, Holidays Products, Resale and Exchange Contracts Regulations 2010 come into force today. This new law, comes about as a result of a European Directive (Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts) which should be implemented throughout member states by today. The new law aims to improve consumer protection when buying Timeshare and timeshare type products.
The main features of this new law are;
Timeshare is defined as being where the consumer "acquires the right to use the overnight accommodation for more than one period of occupation" and "which has a duration of more than one year". There are excluded arrangements to avoid multiple reservations at, for example, hotels to fall outside this definition.
Before entering into a contract the trader must give certain information to the buyer. The information that must be given and the way that it must be given are set out in the law. If this is not done then the trader commits an offence. Similarly contracts have to contain certain information and have a certain formality. If this is not done the n the contract will be unenforceable.
Any sales presentation must clearly state the commercial purpose and nature of the event. If this is not done then the trader commits an offence.
There is a 14 day cooling off period and this must be brought to the buyer's attention before the y enter into the contract. If it is not then the trader commits an offence and the contract is unenforceable.
No payment must be made before the end of the cooling off period. The person who contravenes this commits an offence.
Certain Fractional Ownership products may now be caught by this new legislation so if you are buying one or even selling one it is important to revise the paperwork in light of this new legislation.
No doubt the Timeshare companies will come out with new products which will circumvent the new law (as they did with Holiday Clubs and the previous legislation), but in the meantime this new law does go further in giving more protection to consumers.
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AIPP Awards Finalists announced - 21 Feb 2011
The shortlist for the AIPP Awards 2011 has now been announced. See here for further details.
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Dedworth Meeting Rooms - 18 Feb 2011
We are delighted to announce that from Monday 21st February we will have new Meeting / Consulting Room facilities in the Dedworth Area of Windsor at 9 Mountbatten House, Dedworth Road, Dedworth, Windsor SL4 4LE. This facility has been made available for those clients who prefer not to travel to the centre of Windsor to visit our office there. The new meeting room facilities in Dedworth have good parking facilities. Meetings in Dedworth can be arranged by either speaking to your normal contact or by phoning 01753 620022. All of our legal depart ments are available at these meeting rooms, whether they have the benefit of Legal Aid or are privately funded.
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AIPP Awards Judging - 18 Feb 2011
Peter Esders from our Spanish department spent yesterday on the judging Panel for the AIPP Awards. Who won? We are sworn to secrecy as the winners will be announced live at the A Place In The Sun Live exhibition on 11th March at Earls Court so you will have to wait until then.
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DVLA Scam Email alert - 14 Feb 2011
The DVLA has issued a warning about a new scam email going around that appears to come from them. The email appears to come from the DVLA and states that people must update their details or face taking a new driving test. The email does not, in fact come from the DVLA and is a scam to try and capture personal details. If you receive such an email you should delete it. Do not respond to the email or click on the link in the email.
The wording of the email is as follows;
"From : DVLA
Subject : Update Your License Details
We are currrently upgrading our database and all drivers are required to update and verify there driver's license details.To complete your license verification with us, you are required to fill out the form in the link below.
{Fake link}
Drivers that refuses to upgrade his or her details within two weeks of receiving this verification email will lose his or her driver's License and will have to take a fresh driving test.
We sincerely apologise for any inconviniences this might have caused you.
Thank you for your co-operation.
(c) Driver and Vehicle Licensing Agency Swansea SA6 7JL"
The DVLA press release regarding this scam can be seen HERE
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Chat With Chebseys Newsletter - February Edition Now Out - 10 Feb 2011
The January edition of Chat with Chebseys is now out. Click here to read more including articles on avoiding bad debt, Temporary Event Notices, Stamp Duty Land Tax Increase, Capital Allowances Tax Claims, retirement Age, Probate Valuations, Strict Offenses, Spanish Banks and Auctions, a Valentines Lamp and an interview with Brian Wade from our Wills, Trusts, Probate and IHT Department
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A Surprising Spanish Court Case
A property in Spain was sold at auction to satisfy the mortgage that the owners could no longer pay. The issue in this case was that the amount received at auction for the property was less than the amount that was owing to the bank on the mortgage. The big question was "Can the bank go after the balance outstanding?" Normally you would say that the you can. There is a debt secured on the property, the property sale didn't realise enough to pay that debt and so the bank can try and attack other assets (including those in another country) for the difference.
However, in this case, which was held in Navarra, the judge saw things differently. What he said was that when the bank valued the property in order to authorise the mortgage they believed that the property was worth more than the loan and therefore the bank taking the property back was enough to cover the amount outstanding.
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Can't take it with you - BBC2 9pm
A BBC2 series starting tonight at 9pm will look at the difficult choices that some families go through when looking at their wills. 'Can't take it with you' will look at two couples struggling with some difficult but important decisions relating to their wills.
Lesley wants to leave half the family home to charity, but husband David wants all of it to be left to his two sons by a previous marriage.
Meanwhile, army major Tom is bound for Baghdad , and urgently needs to make a will that includes his two stepdaughters. But his new wife Kiera is against the principle of inheritance and would rather leave everything they jointly own to charity.
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Sally Hills joins our Entertainment Licensing department
We are pleased to announce that Sally Hills has joined us from Turbervilles, Solicitors in Uxbridge. Sally has been involved in liquor and entertainment licensing since 1993 and has dealt with all types of applications and hearings during that time. Sally has experience with the smallest outlet to the largest clubs and brings a wealth of experience with her. Sally is also a member of the British Institute of Innkeeping (BII).View her profile here.
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January Copy of Chat with Chebseys out now
The January edition of Chat with Chebseys is now out. Click HERE to read more, including articles about Chebsey Satisfaction Statistics, Actions against the Police, Licensing Act, Empty Homes Legislation, Paternity Leave, Reviewing your will, European driving offenses, pre-nuptial agreements, the Spanish anti smoking ban, the Spanish budget, the 10 Best Places to buy in 2011 and an interview with Employment Lawyer Laura Poole.
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Christmas opening hours
This office will close at 12.30 pm on Friday 24th December 2010 and re-open on Wednesday 29 th December. We will also close at 12.30 pm on Friday 31 st December 2010 and re-open on Tuesday 4 th January 2011.
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December Copy of Chat with Chebseys out now
The December edition of Chat with Chebseys is now out. Click HERE to read more, including articles about Adverse Possession, Retirement ages, Lifetime gifts of homes, Drink Driving, Tax years and Spanish Christmas traditions.
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Add to TomTom
It is now easier to find our offices. If you have a TomTom Sat Nav which is connected to your computer using TomTom Home software you can now easily add our offices in Beaconsfield , Burnham, Croxley Green, Windsor and Bath as Points of Interest. Simply go to our contacts page and press the "Add to TomTom" button.
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"Debts - reduction, avoidance and how to improve cashflow" Seminar
Sue Bean, head of our Litigation Department, will be doing a seminar entitled "Debts - reduction, avoidance and how to improve cash flow" at the Wycombe Business Expo on 28th October. The seminar will take place at 2pm and again at 3.30. details of the Wycombe Business Expo can be seen at http://www.wycombebusinessexpo.com
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Chebsey & Co awarded Gold For 'Best Lawyer' at the OPP Awards For Excellence 2010
We are pleased to announce that on Friday 15th October, Chebsey & Co Solicitors became the first ever winners of the 'Best Lawyer' category at the Overseas Property Professional Awards for Excellence when we were awarded Gold at a live presentation at The Property Investor Show / OPP Live 2010 . This is the first time that this category has been awarded in these awards and it is therefore a great honour to be recognised in this way.
One of the judges summarised our entry by saying;
"This is a company that has clearly thought everything through properly. It has every possible system and service in place to meet the needs of the international property industry, and you know that it will do it with ease and professionalism. A first-class entry and, surely, a lawyer that it must be very easy to work with."
The judges were made up of an independent group of respected experts from within the industry. More about the awards can be found here.
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October Copy of Chat with Chebsey out now
The latest edition of our newsletter, Chat with Chebsey, is now out. This edition looks at issues such as our new office in Bath, Shadow Directors, the Equality Act, Capital Gains Tax, an unusual traffic law, Timeshare and, of course, news on what is happening in the offices of Chebsey & Co. To read the latest edition go to http://www.chebsey.com/newsletter.html
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Chebsey & Co at The Wycombe Business Expo
On October 28th Chebsey & Co will be exhibiting at the Wycombe Business Expo, a business event covering the High Wycombe District. Entry is free to visitors, so why not join us for the day. For more information on the Wycombe Business Expo click here.
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Presentation at Sunrise Senior Living Beaconsfield - Lasting Powers of Attorney
The Wills, Trusts, Probate & Elderly Client Department will be giving a talk on the benefits of a Lasting Powers of Attorney and will be available to answer any queries you may have regarding these at Sunrise Senior Living in Beaconsfield on Thursday 21 st October from 6.30pm. Drinks and refreshments will be provided.
All are welcome.
If you wish to attend or require any further information please contact either Peter Esders or Julie Tompkins at our Beaconsfield office on 01494 670440.
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The Equality Act 2010 - 1 October 2010
Previously, British discrimination law was to be found in nine separate pieces of legislation, and provided an especially fragmented and piecemeal framework. The Equality Act 2010 is the single largest piece of legislation created in this country, and is engineered to harmonise, simplify and strengthen the existing law. It is intended to provide advanced protection for the rights for all individuals, embedding equality and fairness throughout the workplace, while alleviating the burden upon employers in clarifying their duties.
The core provisions of the Equality Act have now come into force throughout England , Scotland and Wales , as of 1 st October 2010. Encompassing 90% of the Act, these key alterations and new provisions affect all employers and Include:
Discrimination
Changes and new rules have come into force concerning indirect, perceptive and associative discrimination covering age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion, sex and sexual orientation. In particular, indirect disability discrimination and a new concept of "discrimination arising from disability" have been introduced. Also, discrimination by association and/or perception is explicitly prohibited across the board.
Harassment: Protection from harassment has been extended, as employers will be liable in additional circumstances for harassment by third parties in the workplace.
Victimisation: Protection from victimisation has been extended, as the requirement for a comparator in victimisation cases has been removed.
Employment Tribunal Powers: Employment Tribunals will be given the power to make recommendations that benefit the wider workforce not just the claimant in a successful discrimination claim.
Pre Employment Health Questionnaires : Employers will not be able to ask pre-employment health questions of a job applicant other than in certain limited circumstances, such as to establish whether the applicant would be able to carry out a function that is intrinsic to the work concerned.
Secrecy Clauses: Such clauses (which require an employee to keep details of their pay secret, preventing them from discussing the issue of pay with colleagues) will be unenforceable against employees involved in "relevant pay disclosure", to ensure that discriminatory pay-scales cannot be hidden.
It is therefore imperative that employers are aware of the further protection afforded by the new legislation to their employees to ensure that their practises and policies are aligned accordingly to remain fully compliant.
To find out more information regarding the above please do not hesitate to contact us to discuss any queries or concerns that you may have. Alternatively please note there is further information at the Government Equalities Office guidance, website
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Article Published On Homesandtravel.co.uk - 27 August 2010
Recent changes to the Furnished Holiday Lettings rules inspire an article by our Spanish legal department published on the Homes and travel website on taxes and holiday rentals abroad.
You can read more about this in the full article here
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Article Published On Buyassociation.co.uk - 26 August 2010
You would have thought that you know when you have bought a property. Perhaps not, as our Spanish legal department discuss in an article published by them on the Buy Association website.
You can read more about this in the full article here
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Article Published On Kyero.com - 18 August 2010
Chebsey & Co have had an article published on the Kyero website regarding the importance of using an Independent English lawyer when buying in Spain.
You can read more about this in the full article here
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Fractional Scam Article - 5 August 2010
Buy Association have printed an article written by our Spanish Law department on the latest scam being implemented by Timeshare companies to try and part current Timeshare Owners with more money. The scam involves persuading you to buy more weeks in order to convert your purchase into Fractional Ownership.
You can read more about this in the full article here
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New office in Bath - 1 August 2010
We are pleased to announce that from today we have an office in Bath, which after the addition of the Windsor office last month brings the number of offices to 5. The Bath office is right in the heart of city - in New Bond Street. Further information regarding the address and contact details can be seen on our contacts page. The new office has been made possible by the incorporation of an existing firm in Bath - Simcox Associates.
This is a strategic move which has been in discussion for many months. The office will appeal to the same type of clients who are attracted by our other offices - in particular Beaconsfield and Windsor and will appeal equally to both individuals and corporate clients.
The new Bath office will be a modern firm with a city heritage and will be marketed slightly differently from the other Chebsey offices as it will known under the trade name "Bath Law".
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Chebsey & Co to open new office in Bath - 22 July 2010
After having opened the office in Windsor earlier this month we are delighted to be able to announce that we will be opening an office in Bath on 1st August. This will increase the number of offices to 5. We will be able to provide further details regarding the office including the address closer to the time.
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Foreign Office publish British Behaviour Abroad Report - 16 July 2010
The Foreign Office has just published it's annual report on problems experienced by Britons when they go abroad.
Spain is the top country in which Britons need assistance, but as it is also the second most visited country this is hardly surprising. As a percentage of incidents per visitors Spain lags a long way behind Thailand who has over twice as many incidents per visitor. Many of the problems encountered by tourists can be easily avoided by taking simple precautions and doing a bit of preparation before travelling. However, sometimes problems are unavoidable and if you are involved in a problem that has a legal nature then it is important to take legal advice as quickly as possible.
The full report can be seen on the Foreign Office website http://www.fco.gov.uk/en/news/latest-news/?view=News&id=22548119
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Manjit Bains Accredited Resolution Specialist in Domestic Abuse - 6 July 2010
The Family Team is delighted to announce that Manjit Bains is now a Accredited by Resolution as a Specialist Family Lawyer in the area of Domestic Abuse.
Manjit works out of our Burnham office and has a wealth of experience in dealing with all family matters but with particular emphasis on cases involving children.
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New Office In Windsor - 1 July 2010
Chebsey & Co are pleased to announce that on 1st July 2010, after many months of discussions we are to become a successor practice to Ashley Perkins & Company. Ashley Perkins & Company are based right in the centre of Windsor on the High Street. The name of the firm will be Chebsey Law Limited but will be known by it’s trading name of Chebsey & Co. The Windsor office will join the existing Chebsey & Co. offices in Beaconsfield, Burnham and Croxley Green.
The move is only natural for Chebsey & Co. because after other law firms leaving the Windsor our work in that area increased and we wished to be able to better service those clients.
Ashley Perkins and his team will continue with the firm and as a result of the merger will now be able to provide a wider range of services from the Windsor office than they were able to previously along with the benefits of a larger support team.
Ashley Perkins & Company and Chebsey & Co. share the same values: supporting clients in dealing with issues they face and employing our expertise in promoting a realistic and satisfactory outcome for every client.
The contact details for the Windsor office are;
Suite 2, 5/6 High Street,
Windsor,
Berkshire
SL4 1LD.
Tel: 01753 833737
Fax: 01753 833131
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Buy Association Article - 1 July 2010
The Buy Association has published an article by our Spanish Legal team about the dangers of not taking advice when buying a home in Spain or even when things start to go wrong. Read the whole article here.
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Buy to Let Property - 21 June 2010
If you have a Buy to Let Property and have problems with a tenant that does not pay their rent you will be interested in the article that Tom Crown from our Civil Litigation Department has just written for Buy Association about the problems facing Landlords with non paying tenants and what to do about them. The article can be seen here.
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Jo Dix - New Director Appointed - 10 June 2010
We are delighted to announce that Jo Dix has become a Director in Chebsey Law Limited.
Speaking about the announcement Keith Chebsey said;
"Jo has been a valuable and loyal member of staff for sometime . Jo has been key in making sure that all things financial are kept on an even keel and her assistance in this field has been invaluable. She has also been a key advisor of mine for sometime now. It is therefore only right that all her hard work is recognised and the existing Directors are delighted that she is joining us on the Board".
The appointment of Jo as a Director brings the number of directors in the firm to 4. Recent changes in the way that solicitors firms can be structured have allowed non-lawyers to be appointed as Directors and Jo is our first."
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Manjit Bains Accredited Resolution Specialist in Private Children Law Proceedings - 27 May 2010
The Family Team is delighted to announce that Manjit Bains is now an Accredited Resolution Specialist in Private Children Law Proceedings and Advanced Financial Provision (complex financial and property matters).
She has also recently applied for Accreditation in the area of Domestic Abuse.
Manjit works out of our Burnham office and has a wealth of experience in dealing with all family matters but with particular emphasis on cases involving children.
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Tax on the wealthy - 27 May 2010
Spain's Prime Minister, Jose Luis Rodriguez Zapatero, has announced that he will introduce a tax on the wealthy in the next few weeks. Further details have not yet been announced so we do not yet know how this will work or who it will affect. We will bring you further news on this story when the details are announced.
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Home Information Packs (HIPS) article - 24 May 2010
After the government scrapped Home Information Packs (HIPs) last week David Wachtel has written an article about the impact of that decision on buyers and sellers of properties. The article can be read on the Buy Association website or click here to view.
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Article Published - 20 May 2010
The Homes & Travel website has published an article by Peter Esders of our Spanish Law department on rental guarantees, how they work and how guaranteed they really are. The article in full can be read on the Homes & Travel website, here.
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Coalition Agreement - 20 May 2010
The new Coalition Government has now published further details of it’s agreement. There are various items contained within that document which we believe are of legal interest to our clients. We set out the more interesting items department by department. Further details can be seen by visiting the full document http://www.direct.gov.uk/en/Nl1/Newsroom/DG_187877 We will bring you further, more in depth details of these proposals when they are announced.
Gaming and Licensing
a. An overhaul of the Licensing Act.
b. A ban on the sale of alcohol below cost price.
c. A Review of alcohol taxation and pricing
Property Law
a. Explore a range of measures to bring empty homes into use.
b. Promote “Home on the Farm” schemes
c. Review the effectiveness of the raising of the Stamp Duty threshold for first-time buyers
Criminal Law
a. A review of sentencing policy
Legal Aid
a. A review of Legal Aid “to make it work more effectively”
Family Law
a. A review of Family Law to encourage mediation
Employment Law
a. A review of employment and workplace laws
Motoring Offences
a. A stop to central government funding for new fixed speed cameras
Separate to the above, Home Information Packs (HIPs) have now been suspended with immediate effect from 21st May 2010.
Please click here to view our past news articles.
