When is an Insurance Premium Reasonably Incurred?

International Tax Review Barry Warne comment on Uber losing its appeal Barry Warne, head of employment at hlw Keeble Hawson, says: “The implications should not be great because the Uber case is about worker status (employment rights) not employee status. Income tax is governed by whether someone is employed or self-employed and NIC follows suit. The case may lead HMRC to enquire further into whether the drivers (who have proved that they are workers) are employees or not. That was not in issue in this case. In the Pimlico Plumbers case the Claimant was ostensibly self-employed but proved that he was employed and could claim unfair dismissal. The consequences of that finding would have meant that tax and NIC would have been due from Pimlico Plumbers under PAYE going back several years, with penalties and interest so potentially a massive liability as the decision would apply to all of the plumber workforce.

hlw Keeble Hawson’s debt recovery team makes the finals in two categories of the Chartered Institute of Credit Management (CICM) British Credit Awards

Third Party Debt Collection Team of the Year Atradius Collections Flint Bishop Grosvenor Services Group (a part of Echo Managed Services) HLW Keeble Hawson Hilton-Baird Collection Services Themis Global

Legal Team of the Year Blaser Mills DWF HLW Keeble Hawson Flint Bishop Shakespeare Martineau stevensdrake solicitors Shoosmiths Shulmans

BBC Radio Sheffield

Michele Todd on legal Q and A phone in wills and probates with Paulette Edwards

Vanessa Fox on Q and A on family law with Paulette Edwards

hlw Keeble Hawson celebrates a series of milestones

hlw Keeble Hawson is marking a raft of milestones in a momentous year for the award-winning firm which has offices in Doncaster, Sheffield and Leeds.

The most recent Legal 500 and Chambers guides reinforce the practice’s reputation as a leading regional law firm offering unrivalled expertise across its commercial and private client areas. A team of over 30 operates from Prince’s Street, at the heart of Doncaster, offering the entire range of legal services to both business and private clients who span listed companies and international groups, entrepreneurs, SMEs and individuals. The firm’s commitment to recruiting, mentoring and developing the next generation of lawyers is reflected in office administrator, Kirsten Etheridge, being presented with an Outstanding Commitment to Learning award by YMCA Training earlier this year. Team members singled out by Legal 500 include partner, Sarah Burton from the Commercial Litigation team which acts for many manufacturing clients and regularly handles contentious intellectual property issues, contract disputes, professional negligence, property litigation matters and contested probate. The guide also applauded the ‘very strong’ Commercial Property team for its expertise in handling property portfolios for retail clients as well as advising developers, motor dealers and investors on acquisitions and disposals. The 2017 Chambers guide reinforces the department’s experience in investment property transactions and portfolio reorganisation. A series of recent commissions include the firm representing growing property investment company, Empire Property Concepts, in a development to breathe new life into a disused former police building. Head of the Doncaster office, Partner Paul Goel, led the deal to fruition. Antony Ball, who heads the Family Law department at Doncaster is praised as being ‘always approachable and pragmatic’ by Legal 500 who lauds the team for providing ‘high-quality, practical family law advice with a good range of alternative dispute resolution options’ . A champion of giving back into its local communities, the Doncaster office supports the inspirational charity, Changing Lives, which provides specialist help for 6,000 socially excluded and vulnerable people every month. Fundraising activities this year include hosting a racing night via a big screen for clients and partners. Partner, Paul Goel, said: “Being an integral part of one of Yorkshire’s largest legal firms, has a wealth of advantages. We benefit greatly from an infrastructure and admin function that allows us to concentrate on what we are good at without being distracted by business management.”

“Staff can also tap into a vast resource of legal talent, as hlw Keeble Hawson employs in excess of 200 people. This gives us unrivalled back-up when addressing even the most complex issues.”

For further information about hlw Keeble Hawson, please visit: .

hlw Keeble Hawson develops tomorrow’s talent with new wave of appointments

Law firm hlw Keeble Hawson has taken on five new trainee solicitors across its commercial and private client teams.

The new roles, based across the firm’s offices in Leeds, Sheffield and Doncaster, brings the total number of trainees appointed by hlw Keeble Hawson to 17 between 2015 and 2017.

In Sheffield, Kate Langley is working with the family law team, Ajun Singh is based in the residential property department and Louise Ward joins the litigation and dispute resolution team.

Andrew Donaldson joins the insolvency department in Leeds, with Kate Large based in the commercial property department in Doncaster.

Giles Searby, partner at hlw Keeble Hawson, said: “Our long-standing ethos of recruiting, developing and retaining the next generation of lawyers reinforces our reputation as a leading award-winning firm which prides itself on a high quality of client service. We wish our trainees every success in their new roles.”

Vanessa Fox article on What is guardianship of a child

The rights and needs of children are of paramount importance in the eyes of the law.

One way of offering them a voice during legal proceedings is through the appointment of a guardian ad litem.

Generally, a guardian will be assigned to any child involved in supervision or care proceedings. That person, who is almost always a representative provided by Cafcass (Children and Family Court Advisory and Support Service), acts on behalf of the child in court and ensures any decision is made in their best interests. As part of their responsibilities, the guardian usually selects and appoints a solicitor to represent the child and advises the guardian, who in turn will help the court to consider outcomes for the children in the proceedings. This doesn’t tend to happen in private law, where issues are between parents or extended family. There is usually no guardian involved and, although Cafcass is often asked to provide an independent report, its role is usually limited in cases where some contact has been agreed by the parents.

However, times are changing and we are seeing an increase in guardians being appointed for children in private children proceedings. There are a number of reasons for this.

It could happen where one party is self-represented and the court feels that that psychological reports or other expert testimony is needed, or where the court feels that significant findings of fact need to be made. In cases where there is considerable conflict between both parents over access to the child, sometimes referred to as ‘implacable hostility’ cases, a guardian will be appointed.

A court will usually put a guardian in place for the child if it is believed the child may not be safe or will be adversely affected by the conflict, between the parents, which can originate in either parent.

Once a court has decided to appoint a guardian, there can be benefits for all parties. The child has an independent social worker and an independent solicitor acting in their best interests.

Where older children are involved, whose opinions will be very important to the court, a guardian will seek these views and feed them back to the court. The guardian’s solicitor can also advise older children directly. In addition, the view of the guardian can be seen as an independent view, sometimes a very helpful check on the conflicting views of parents or extended family, with the help of an experienced family lawyer to advise the guardian.

Data protection rules overhaul: how care home managers can avoid incurring hefty fines Care home owners and managers are urged to get to grips with the biggest overhaul of data protection law in a generation before new rules come into effect on May 25, 2018.

The General Data Protection Regulation (GDPR) will spark a series of challenges for businesses across the care and healthcare sector.

It will be regulated by the Information Commissioner’s Office (ICO), a government watchdog, and fines for non-compliance could be as much as €20,000,000 or 4% of annual turnover.

A very complex area, covering a huge array of requirements, GDPR will govern how all private, public and third sector organisations across the EU handle personal data. The government has said that it will remain in place post-Brexit. Under GDPR, every person whose personal information is stored by a business for any reason - must be told why that organisationwants it and what it will do with it. Care homes seeking to share the data with any third party will also need the specific consent of the individual.

This consent must be very clear. For example, you cannot simply rely on a click confirming that a privacy policy has been read. Legal consent under GDPR must be explicit, informed and freely given. It can be made in a statement or by ticking a box.

Personal data must be stored securely with specified protocols to ensure that it is not breached, stolen, leaked or shared without authorisation.

The far-reaching changes allow anyone to inspect their personal data at any time. As such, care homes must be geared up to handle ‘subject access requests’ - informing anyone who asks what data is held on them - and how it is used - within one month. This means that it must be kept accurate and up to date, with any changes made as and when they occur. The need for easy amendment and management is also vital as anyone can request that their personal data be removed at any time, or revoke any consent previously given. GDPR also requires that employees are trained in how to protect and manage the information they hold. The personal data of care home residents and their families are among the most sensitive held by any organisations – public or private. This means that they will have to look carefully at the specific rules that apply to processing “sensitive data” in order to not fall foul of the new regulations. The confidential nature of such information may also influence the security systems that care homes require in order to keep sensitive personal data safe and secure. Healthcare providers generally operate under the doctrine of “implied consent” when using sensitive personal details about an individual’s health in order to treat them and provide care. Under the new, more stringent GDPR rules, relying on the “implied consent” of the individual may not pass the requirement that consent be given explicitly. However, the regulations do provide an alternative legal basis of processing sensitive data for health or social care purposes. Some care home residents may lack the capacity to understand the implication of giving consent to their data being processed. This makes it even more inappropriate for an organisation to seek to rely on the consent basis for processing and vital that they can rely on another legitimate basis for doing so. Even if care homes do not seek to rely on a resident’s consent for processing their personal data, clear information about how it might be used should still be provided in their privacy policies. A particular headache for managers and owners, who may already have amassed large amounts of information, is that GDPR applies retrospectively – i.e. to all data collected before May 2018, as well as all data from that date. Comprehending and complying with the massive overhaul will be extremely challenging - and it is still possible that there may yet be even more new developments and changes in the lead up to the new rules being implemented. Adopting the adage that forewarned is forearmed, enlisting a legal practice with a track record in data protection upfront can help to prepare your business for the changes to come, and avoid severe financial non-compliance penalties further down the line.

Why Legal powers of attorney are vital when planning your affairs Sadly, a third of us will develop dementia or lose capacity in some way, which makes putting in place safeguards before you become mentally incapacitated wise.

This can be done through a Lasting Power of Attorney (LPA) , which appoints a trusted person to make decisions about your finances, property and wellbeing.

There are two types of LPA - one deals with your property and financial affairs while the other addresses your welfare - personal care, care homes and medical needs. Decide which one you want or if you want both, then complete the appropriate form stating who you want to appoint - then sign the document in the presence of an independent witness. At this stage, you must have somebody called a certificate provider to confirm that you are of sound mind and are not being pressured into drawing up the document. Your lawyers also sign the LPA and we recommend that a solicitor advises on the whole process, checks the document, draws up a final draft and certifies that you are capable of taking the decision to proceed with an LPA. Legal costs range from £300 for one and £750 for four and court registration fees are £82 for each document. However, it can cost thousands of pounds for a loved one to apply to the courts for an attorney’s powers in an emergency.

An LPA can be a family member or anyone you trust to make decisions for you. It is also common for solicitors to act as attorneys for clients. LPAs need to be over 18 years old.

Attorneys can only represent somebody while they are alive: once they die, all authority ends and the will takes over. If there is no will, usually close family members, must apply for a Grant of Administration to allow them to dispose of the estate. However, intestacy rules on the strict order of entitlement still apply. hlw Keeble Hawson boasts a highly experienced team of family and will and estate planning specialists .

This article was kindly provided by Michele Todd. Contact on 0114 290 6207 or email

Family law specialist achieves national mediation qualification

hlw Keeble Hawson senior associate and family law specialist, Antony Ball, has further enhanced the firm’s offering to clients after being accredited as a mediator.

Antony, head of the family team at the Doncaster office, is the firm’s second qualified mediator – a process which provides separating couples with a faster and more cost effective alternative to public court confrontations. He said: “Mediation is an increasingly recognised conflict-free option in divorce and other family disputes. Its collaborative approach seeks to dispel arguments and forge a fair agreement to help both parties plan for the future and avoid lingering acrimony and resentment. I’m delighted to be accredited and further expand our services to clients.” Vanessa Fox, head of the department which is commended for its: “high-quality, practical family law advice with a good range of alternative dispute resolution options” in the latest Legal 500 guide, also champions mediation, which all family lawyers are obliged to offer those seeking a divorce. She said: “We have always encouraged our clients to consider mediation and other collaborative methods to resolve their differences. Antony’s latest achievement is a powerful endorsement of our continuing drive to promote its wide-ranging benefits, particularly when children and their well being are involved.”

Head of family law gives reading at charity carol concert

Vanessa Fox, partner and head of family law at hlw Keeble Hawson, has struck the right chord with attendees at a festive event in Sheffield to support Breast Cancer Care. Vanessa, who has previously had breast cancer, gave a bible reading at the charity’s Carols by Candlelight fundraiser at Sheffield Cathedral. The concert featured musical performances from local school choirs and the Military Wives Choir from RAF Cranwell in Lincolnshire. The annual event is expected to raise £8,000, which will support the 10,500 people currently living with breast cancer in South Yorkshire. Said Vanessa, who has been a volunteer for Breast Cancer Care since 2015: “Breast Cancer Care is the only UK wide charity providing specialist support services to women facing breast cancer every day and works tirelessly to support those living with it and beyond it. The Carols by Candlelight atmosphere was wonderful and attendees were very generous.” Sarah Herrett, community fundraising manager for Breast Cancer Care, said: “Many thanks to Vanessa and all the participants who made the evening a great success. “Monies raised help us to continue our vital programmes which include helping people to find their new normal after treatment, supported by our specialist team. We also match those undergoing treatment with volunteers who have undergone breast cancer and bring partners of people undergoing treatment together while offering help to friends and family.”

For more information about the charity’s services or fundraising, visit


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