Legal News - December 2010
Asbestos Claims
Date: 17/12/2010
Asbestos claims are unfortunately on the rise. It is one of the most deadly materials used in our building industry and the damage that can be caused by being exposed to Asbestos can be fatal.
What is asbestos and where is asbestos commonly found?
Asbestos is a fibre incombustible material that was used to make fire proof materials. As asbestos was used widely in the building industry until the 1980s, many buildings contain some form of asbestos.
Common places that asbestos can be found include
- Lagging around boilers and pipes
- Some floor and ceiling tiles
- Heat resistant materials such as fire blankets and roofing felts
- Insulation boards and materials, as used in duct covers, soffits, fire surrounds and packing between partition walls
- Products made with asbestos cement, including cladding, bath panels, guttering and downpipes
Who is likely to be affected by asbestos related diseases?
The Health & Safety Executive has stated that asbestos is the greatest single cause of work related deaths in the UK. As well as workers who were engaged in the asbestos production industry, there are a number of industries and trades which are potentially still at risk. Those involved in asbestos production and application are of course those most at risk, together to a lesser degree with those involved in its removal if proper precautions are not taken. Currently the occupations not directly involved in its production which have been found to have the highest risk of mesothelioma for males include:
Vehicle Body Builders, Plumbers and Gas Fitters, Carpenters, Electricians, Various factory workers, Electrical Plant Operators, Production Fitters, Construction Works, Electrical Engineers
Asbestos related dieses
There are several diseases and conditions that can be caused by exposure to asbestos, which usually (but not always) occurs in the workplace. Some of these illnesses are serious and can be fatal; others such as pleural plaques cause worry and stress to the sufferer.
The following are few examples of the asbestos related injuries:
Asbestosis, pleural plagues, pleural thickening, mesothelioma and lung cancer.
Even If an asbestos victim has already died or dies while the legal case is proceeding, it is still possible for a claim to be pursued by the family.
If you would like advice on whether you may be able to make a claim for an asbestos related disease please contact Peter Dymock who will be able to assess if you can claim the compensation that you deserve.
Stamp Duty Land Tax - The First Time Buyer Relief
Date: 17/12/2010
First time buyers can benefit from Stamp Duty Land Tax (SDLT) relief if the following applies to their purchase transaction:
- the completion date (effective date) is on or after 25 March 2010 and before 25 March 2012;
- the purchase price is £250,000 or less;
- the property will be the buyers main or only home; and
- they have not previously owned property or land either in the UK or anywhere else in the world, including property bought jointly with anyone else.
The relief does not apply where:
- the property is non-residential or mixed-use;
- leasehold property with a lease of less than 21 years;
- SDLT payable on rent for leasehold properties (relief applies only to the premium) ;
- properties that are treated as linked transactions for SDLT purpose - unless it's to do with the same property, e.g. a separate lease on a garage
- shared ownership schemes where the payment is made in stages (but the relief can be claimed if a market value election is made)
We would greatly encourage potential first time buyers to take advantage of this temporary tax relief.
We appreciate that buying your first home can be daunting but will do all we can to explain the process and provide you with a professional and personal service.
Please contact Richard Wootton for further details.
Evicting Squatters
Date: 17/12/2010
Landlords and homeowners are urged to follow the correct legal procedures if they wish to evict squatters from their property or run the risk of prosecution themselves.
A squatter is not committing a criminal offence by being in another person’s property without their permission. However they are subject to criminal charges if they commit offences such as damage to or theft from that property. Similarly, if an owner attempts to use force in order to remove the squatters, they could be accused of a criminal act under the Protection from Eviction Act 1977.
It is best to take legal advice rather than take matters into your own hands as otherwise you may inadvertently commit a criminal offence.
Contact Peter Dymock for advice and assistance.