Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Anthony Gold
Power of Attorney Bill - A Brief Update (December 2022)
On 7 December 2022, a Bill was introduced to amend the way lasting powers of attorney (LPA) are made. The changes, if passed, provide for further (secondary) legislation and include some considerable amendments to the Mental Capacity Act 2005 (MCA 2005).
What happens when a director loses mental capacity?
In the event that a director loses mental capacity, the company is likely to seek to remove the director and replace them by reference to the appropriate version of their company’s Articles of Association. Most older companies, incorporated under the Companies Act 1985 or earlier legislation, use the standard Table A Articles. For these companies, the procedure is governed by regulation 81. Modern companies, incorporated under the Companies Act 2006, normally use the Model Articles.
Ovu v London Underground Ltd
United Kingdom March 21 2022 In the case of Ovu v London Underground Ltd [Ovu v London Underground Ltd (duty of care) [2021] EWHC 2733 (QB) (13 October 2021) (bailii.org)], the Court considered whether Mr Ovu had been a trespasser at the time of his death and whether the London Underground owed him a duty of care. Facts Mr Ovu tragically died on 22 January 2017 after falling from a staircase at Canning Town Tube Station, London.
I haven’t received what I expected under a Will, how can I claim further provision?
United Kingdom March 14 2022 It is possible to bring a claim against an estate (whether there is a Will or not) under the Inheritance (Provision for Family and Dependants) Act 1975 for an award where the Will or intestacy rules do not make reasonable financial provision. Who can bring a claim for more inheritance under the Inheritance (Provision For Family And Dependants) Act 1975?
Personal injury claims and adverse weather conditions
United Kingdom March 14 2022 As a result of Storm Eunice, on Friday 18th February 2022, most of the UK was placed on a Red Weather Warning, indicating a significant danger to life as extremely strong winds provided the potential for, amongst other things, damage to structures and flying debris. There is a common misconception that if you are injured as a result of bad weather conditions, then it is an “Act of God” and you are unable to pursue a claim for damages.
5 Reasons how your contract can protect your business
United Kingdom December 22 2021 Contracts. They are not often documents that you particularly want to read. More often than not, people think they are too long or too wordy or just too boring. Business owners will also sometimes consider it an unnecessary expenses.
The private rented sector in 2022 - Whatever next?
United Kingdom December 20 2021 From a legal perspective in many ways 2021 has been a year of ‘more of the same’ for the private rented sector: more delays to abolition of section 21 notices, an extension for most of the year to the restrictions on possession claims which began in 2020, and the same enforcement trends continuing: further growth in rent repayment orders and civil penalties, while some laws are barely enforced at all.
Review of the clinical negligence pre-action protocol
On 15 November 2021, the Civil Justice Council (CJC) produced an Interim Report entitled “Review of Pre-Action Protocols (PAP)” for consultation on the subject of the PAPs, in which it canvasses a number of options for their reform. The consultation is based on answering questions via a particular form which can be submitted online. The review includes the clinical negligence PAP, known as the PAP for the Resolution of Clinical Disputes (PAP-RCD).
Investigating a personal injury claim and gathering evidence
United Kingdom December 7 2021 In my role as a specialist claimant personal injury lawyer, I am only too aware of the importance of investigating a case thoroughly and gathering all the evidence required in order to bring a successful claim on a client’s behalf. It is for the claimant to prove on the balance of probabilities (more likely than not), that a third party was responsible for causing their injury and any losses resulting from the accident.
How do you choose your private hospital and consultant?
A few months ago, I wrote a blog about patient safety in the private healthcare sector in which I flagged some concerns about patient safety in that sector. This was based primarily on my experience over the years as a claimant solicitor acting for clients in cases against private hospitals and doctors but also from my (now rather distant) personal experience as a Resident Medical Officer junior doctor working in a private hospital.
Is ‘rent-to-rent’ a doomed business model?
Thursday, July 29, 2021 - By Robin Stewart, Solicitor, Anthony Gold There’s no question that ‘rent to rent’ is a risky business model, but many landlords are drawn to its promises of easy money and hassle-free letting. Rent-to-rent continues to be popular among landlords, especially in London.
COP Conversations: in what circumstances might a deputy or attorney be removed | Lexology
Click here to listen to the audio. Anthony Gold Solicitors are delighted to announce the seventh episode of our Court of Protection Conversations series is now live. On Friday 25th June 2021, our “COP Conversations: in what circumstances might a deputy or attorney be removed” episode went live. Host, Partner and joint Head of Court of Protection, Alexandra Knipe was joined by guest speaker Holly Mieville-Hawkins.
Thinking Of Buying a Leasehold Flat? | Lexology
Before purchasing a leasehold property it is generally a good idea to check some important issues first. How many years are left on the Lease? This is one of the most important things to check when buying a leasehold property. You generally need around 80 plus years left on a Lease to secure a mortgage over it.
Company Transactions For SMEs: Top Tips For Negotiating New Lease Terms | Lexology
United Kingdom March 19 2021 Click here to watch the video. LEASE TERMS The leasehold system is complicated and is traditionally weighted in favour of landlords. But with more commercial space available due to Covid 19 restrictions, tenants should take advantage and negotiate before agreeing Heads of terms for a new commercial lease. Take professional advice early on regarding the terms being offered. HOW LONG A LEASE TERM DO I NEED? Terms can vary from say 2 years up to 20 years.
Why don’t social landlords do repairs? And will their reasons stand up in court? | Lexology
United Kingdom March 19 2021 I am often contacted by tenants and leaseholders whose landlords have avoided doing works for years despite being aware of the problems. On many occasions contractors have visited again and again to inspect or do minor jobs without resolving the problem. Would it be cheaper to just do the repair properly the first time? Often, yes. If you add the costs of litigation then almost certainly. So why not do so?
Can I withdraw my divorce petition? | Lexology
Filing a petition for divorce is not an easy decision to make. You may have contemplated this for a significant period of time, possibly over a number of years, before doing so. Whilst we eagerly anticipate the arrival of ‘no fault divorce’, which is expected to come into force in Autumn 2021, the fault based system currently remains in place.
Company Transactions for SMEs: Selling your business? How to maximise your profits. | Lexology
Click Here to View the Video Alan Zeffertt, a solicitor at Commercial and Conveyancing departments and Inbar Rabinovitz , a solicitor at Employment department are running our series Company Transactions for SMEs. In this first video Alan Zeffertt speaks about selling your business and gives some tips on how one can maximise his/her profits. Legal tips on maximising your profits Same principles apply ot most SMEs eg shops, restaurants, E-commerce, service industries, pubs & hotels.
The #FreeBritney campaign - Conservatorship and the comparable UK based Deputyship system | Lexology
In 2008, Britney Spears suffered from a decline in her mental health to the extent that it was necessary for a US Court to appoint her father to act as Conservator. A Conservator is an individual appointed by a US Court to act as a guardian/protector over another individual’s finances and/or welfare decisions where they have been deemed, by a suitable medical professional, to lack the capacity to make such decisions themselves.
‘The title of our matrimonial home is registered in my partner’s sole name, what can I do?’ | Lexology
The family home is almost invariably the most important and most valuable matrimonial asset. The issue of what to do with the home can also be a matter of great contention and even more so where there are children involved and where the legal title is held in one party’s sole name.
F v M [2021] EWFC 4 (Fam): Identifying controlling and coercive behaviour in the Family Court | Lexology
United Kingdom February 5 2021 This case concerned an application made by the father for contact with his two children aged 3 and 6 years old. The mother made allegations of domestic abuse against the father, including that he had alienated her from friends and family, controlled her money and food and gradually reduced her communication with the outside world.
Compensation recovery scheme - CRU certificates | Lexology
United Kingdom February 1 2021 When an insurer is notified of a personal injury claim they are under a legal obligation to register the claim with the Department of Work and Pension (“DWP”) within 14 days of being notified. The Compensation Recovery Unit (“CRU”) as part of DWP recovers social security benefits in certain compensation cases and NHS costs in certain injury cases.
Selling a business? Legal tips on maximising your profits | Lexology
The impact of Coronavirus on businesses has led to increased activity from owners of SMEs looking to sell. It has become increasingly important since the pandemic to make your business more attractive by structuring the sale to offer buyers more flexible terms.
Possible reforms to the Mental Health Act 1983 | Lexology
United Kingdom January 22 2021 The Mental Health Act 1983 (MHA 1983) is a far reaching Act which has been in place for many decades. It addresses the issues of vulnerable patients in the United Kingdom and a number of safeguards for them; including, when an individual can be detained and treated for a mental health condition, against their wishes. Recently, the Department of Health and Social Care (MHA) has launched a consultation on plans to reform the MHA 1983.
Beginning at the End: How mediation can take couples along the pathway to a binding court order | Lexology
United Kingdom January 20 2021 Many couples welcome mediation as a chance to sort out matters directly with each other, rather than discuss matters at arms length via third parties, or go to court. However they also want matters to have a final and binding outcome, and they frequently assume that mediation will not be able to help them with that.
Protecting legacies for Protected Parties | Lexology
Generally, disabled people tend to have limited life chances and income. As such an inheritance can be life changing. However, many such people are long term recipients of means-tested benefits. Consequently, receiving substantial capital often dis-entitles those people to the benefits on which they rely. The regulations apply so that the capital is useable only to replace their subsistence benefits.
New “How to Rent” Guide for Assured Shorthold Tenants | Lexology
On 10 December 2020, the Government published a new version of its “How to Rent: The Checklist for Renting in England” guide. The booklet had not been updated since July 2019 and since that date the private rented sector (PRS) has seen a number of changes including the implementation of the electrical safety regulations, the end of the transition period in the Tenant Fees Act 2019 and, of course, the series of changes to possession procedure in response to the Coronavirus pandemic.
Capacity to Make a Will: The Golden Rule | Lexology
United Kingdom
December 7 2020 One of the requirements to make a valid will is that the person has the requisite mental capacity to do so. This is referred to as ‘testamentary capacity’. The Golden Rule In the case of Kenward v Adams (1975) Lord Templeman highlighted the importance for solicitors to consider a testator’s mental capacity when preparing a will.
Housing Week 2020: Service charges for Council Leaseholders FAQ’s | Lexology
Click Here to Listen to the Podcast. For today’s part of Housing week, Head of Housing Andrew Brookes answers some frequently asked questions related to service charges for Council and Local Authority leaseholders.
Will a limitation defence for fraudulent breach of trust aid an innocent trustee? | Lexology
United Kingdom
December 2 2020 The recent High Court judgment in Lord Bishop of Leeds v Dixon Coles & Gill [2020] EWHC 2809 (Ch) deals with several issues that will be of interest to solicitors and insurers faced with liability to account for fraudulent acts of a solicitor in partnership. But for the purpose of this article, I am looking at the way the judge approached the application of the Limitation Act 1980 to breaches of trust by the fraudulent solicitor over a period of several years.
Christmas, Covid 19 and Parenting Arrangements: New year’s resolutions for someone who is separating | Lexology
United Kingdom
November 24 2020 Well, it is that time of year again. But this year is so different from others, yet inevitably, as New Year looms there is pressure to make new year’s resolutions. Lose weight, drink less, exercise more. Those who are or are about to separate have added pressure to make life anew. There is often a sadness and a lack of confidence in all that those who are separating do . But instead of fearing new year resolutions , make them your own and make them work for you.
Changing approaches to capacity in relation to Wills | Lexology
United Kingdom
November 23 2020 Much of the Mental Capacity Act 2005 involved a restatement of common law principles. However, in the test for capacity the law makers sought to bring together medical thinking and provide some new clarity. The test for capacity as set out in Section 3 of the Mental Capacity Act 2005 (MCA) is essentially a two-tier test. The first stage is to find a diagnosis or a medical condition that might amount to an incapacity in decision making.
Returning to Work in the midst of the COVID-19 Pandemic | Lexology
United Kingdom
November 20 2020 The current Pandemic feels like a rollercoaster, with multiple waves and fast changing circumstances – one minute people are being told to stay at home wherever possible, then encouraged to eat out to save the economy, before coming full circle and people being instructed to work from home if they can. It has been difficult to keep pace for individuals and businesses alike.
Endometriosis in the UK: Time for Change | Lexology
United Kingdom
November 11 2020 The All-Party Parliamentary Group (APPG) on Endometriosis Inquiry Report 2020 called for urgent Government action to support 1.5 million with Endometriosis in UK. The Inquiry surveyed over 10,000 people with a confirmed diagnosis of endometriosis and found the average time to diagnosis is 8 years, the same as it was a decade ago.
Road traffic accidents against uninsured drivers | Lexology
United Kingdom
November 9 2020 In the UK all road users are obliged by law to have a valid insurance. If you are a victim of an accident with an uninsured driver or a stolen vehicle, this can be a very stressful experience. Fortunately, if you have been involved in a road traffic accident with an uninsured driver, which was not your fault, you can make a claim through the Motor Insurers’ Bureau .
Rent Repayment Order Week: Who can a tenant bring a rent repayment order application against? | Lexology
United Kingdom
November 4 2020 Introduction A tenant can make an application to the First- tier Tribunal Property Chamber (Residential Property) (“the Tribunal”) for the repayment of rent. The order can be sought if the Property in relation to which the application relates was let to the tenant and an offence listed at section 40(3) of the Housing and Planning Act 2016 (“the Act”) has been committed.
Parental Alienation and Narcissism in Relationship Breakdown: Narcissism | Lexology
United Kingdom
October 23 2020 An increasing feature with separating couples these days is the charge that, typically the man, is a narcissist and the mother is alienating the kids from the father. Both serious and worrying situations, but is it always the reality? Narcissism Narcissism is simply described as “an excessive interest in or admiration of oneself and one’s physical appearances”.
Residential Conveyancing FAQs: Continuation | Lexology
United Kingdom
October 16 2020 Click here to Watch the Video. Hello and thank you for taking the time to watch these short videos on Residential Conveyancing. My name is Sarah Clarke and I am a lawyer in our property department, specialising in Residential Property transactions. Today we are going to discuss the variety of residential transactions we deal with here at Anthony Gold and hope to answer some frequently asked questions.
Streatham Festival: Weddings - The New Normal | Lexology
United Kingdom
October 9 2020 Click Here to Watch the Video. Carrie Duncan, Nazia Rashid and Alan Zeffertt speak about things you need to consider before you say ”I do”. That includes doing/reviewing your will, signing pre-nup agreement, etc. The webinar will also cover the legal rights of businesses who offer wedding venues, catering or other services and are impacted by the Pandemic.
The Care Act easements - how have local authority responsibilities to provide care to the vulnerable changed in the light of Covid 19? | Lexology
United Kingdom
October 6 2020 The new Care Act easements, created under the Coronavirus Act 2020, took legal effect on 31 March 2020. They gave local authorities the power to prioritise care to those who are most in need of it. The easements achieve this by changing a number of local authority responsibilities, including the following: Local authorities do not have to carry out detailed assessments of care and support needs in compliance with previous Care Act requirements.
Clinical Negligence Claims Podcast - Expert Evidence | Lexology
United Kingdom
October 6 2020 Click here to Listen to the Podcast. This week we will be sharing a series of short podcasts discussing the mechanics of taking a legal claim forward in a clinical negligence matter. It is not always clear as to whether you may have a claim and this series aims to answer any questions surrounding taking a clinical negligence claim forward.
Clinical Negligence Claims Podcast - Medical Records | Lexology
United Kingdom
October 5 2020 Click here to listen to the Podcast. This week we will be sharing a series of short recordings discussing the mechanics of taking a legal claim forward in a clinical negligence matter. It is not always clear as to whether you may have a claim and this series aims to answer any questions surrounding taking a clinical negligence claim forward. In today’s episode, Ali discusses medical records and their importance in making a claim.
Is the duty of candour working? | Lexology
United Kingdom
September 29 2020 A recent case concerning the death of a patient has re-ignited the debate as to whether the duty of candour is an effective tool. The duty of candour is a statutory duty which has several key principles. Organisations which provide care have a duty to be open and transparent. The duty applies to the organisation rather than specific individuals.
Understanding Inheritance Claims: Frequently Asked Questions | Lexology
United Kingdom
September 25 2020 Click here to watch the Video. To round up our series Understanding Inheritance Claims, partner Oliver Jackson and solicitor Tom Dickinson answered questions the team are frequently asked surrounding the matter of Inheritance claims. Who can bring a claim under the 1975 act? How long do I have to bring a claim under the 1975 act? What is financial provision and what does it mean? What will the court take into account when determining financial provision?
Understanding Inheritance Claims: Re H (Deceased) - a case analysis | Lexology
United Kingdom, USA
September 24 2020 Click here to watch the Video. In the fourth instalment of Understanding Inheritance Claims Beth Holden, Partner at Anthony Gold, uses the case of Re H (Deceased) as an analysis into how the court treats a claimant’s shopping list in Inheritance Acts claims. Tune into Anthony Gold tomorrow for our final instalment of our Understanding Inheritance Claims series.
Proving your HMO case in the First- tier Tribunal - Hastings v Turner | Lexology
United Kingdom
September 14 2020 A number of local authority decisions relating to houses in multiple occupation (HMOs) including enforcement of HMO offences can be appealed to the First-tier Tribunal (Property Chamber). This is one of the chambers of the Tribunal system in England that deals with housing matters including property licence appeals, financial penalty appeals and rent repayment order (RRO) applications.
Have You Updated Your Commercial Contract Terms After Covid 19? Why The Small Print Matters. | Lexology
United Kingdom
September 7 2020 Review your standard contracts or T&Cs The way in which we do business has changed as a result of the pandemic, and businesses need to ensure that they have adapted their trading terms to fit the ‘new normal’. It is important to review your standard business contracts or terms and conditions (T&Cs) in order to minimise the future effects of a pandemic or events beyond your control.
Mitigating losses when making a personal injury claim | Lexology
United Kingdom
September 4 2020 What does mitigating losses mean? If a victim of a road traffic collision has sustained an injury as a direct result of that accident they may be entitled to bring a claim for personal injury against the negligent party. When making a claim for personal injury the injured party often ignores the fact that they have a legal duty to mitigate their financial losses. The legal duty for claimants to mitigate their losses applies to both general and special damages.
How NOT to end a ‘Rent to Rent’ tenancy | Lexology
United Kingdom
August 7 2020 ‘Rent to rent’ is a still a popular business model for landlords despite its many risks. In a rent to rent or ‘guaranteed rent’ arrangement the property owner grants a lease to an individual or a company, usually for around two or three years. That person (referred to in legal jargon as the mesne tenant) then finds sub-tenants who will occupy the property.
Acting as a Trustee - ‘To be, or not to be? That is the question?’ | Lexology
United Kingdom
August 4 2020 Being appointed as a Trustee or indeed executor, deputy or attorney creates a fiduciary role under common law which gives rise to a relationship of trust and confidence. Fiduciary duties are in addition to a trustees duties, all trustees are fiduciaries but not all fiduciaries are trustees. There is an ethical and legal responsibility to the client, a relationship that requires trust and prudence on the part of the fiduciary.
Liberty Protection Safeguards delayed until April 2022 | Lexology
A deprivation of one’s liberty can arise if an individual is under continuous supervision and control, not free to leave their immediate environment and lacks capacity to consent to these arrangements. In such circumstances, a Local Authority (social services) has a duty to ensure that any arrangement resulting in a deprivation is conducted in accordance with the relevant safeguards set down in the Mental Capacity Act 2005 (MCA). These are also known as Deprivation of Liberty Safeguards (DoLs).
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Anthony
Contact Anthony, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack