Courts are refusing to hold internet service providers liable for potentially libellous comments posted on their sites, leaving individuals to fight their own battles.

And with many postings being made by anonymous users, it means anyone objecting to comments is likely to find their hands tied.  

The ruling from the High Court was made in a case brought by former Tory local council candidate Payam Tamiz, who took action after comments were made about him by a user on Google’s Blogger.com platform.

When he complained to Google, asking that the comments be removed, the internet service provider refused, saying that it would not do so unless Mr Tamiz proved them to be libellous, forcing him to sue the person who had made the postings. As it was unlikely he could trace the original posters, he opted to sue Google.

The internet giant defended their case on the basis that it had not published the comments, it simply provided the internet platform for the exchange of comments and information.

Said Bruce Howorth, Media law expert at Hay & Kilner solicitors:  “Unlike newspaper publishers – who actively decide what to publish – Google held that their service was more like a notice board and drawing pins, arguing they could not be held responsible for messages and other material that were pinned up on the board they provided.”

Negotiations for the renewal, therefore, need to be approached like any other commercial dispute. This is the case, even if there is no disagreement that the tenant will have a new lease, the only disagreements being over the amount of the rent or other terms of the lease.

Lease renewal negotiations should be undertaken on a ‘without prejudice’ basis, so the parties can maintain flexibility in being able to trade one point for another. Like any negotiations for property transactions, it needs to be undertaken ‘subject to contract’ as well. The danger in not marking correspondence with the ‘without prejudice’ tag is that the landlord or the tenant may find that it has irretrievably committed itself to agreeing an issue, which it might later wish to change.

Having said that, there can be occasions when it is important to get open agreement on, say, a preliminary point or a point of principle.  Unless this point of principle is agreed, then the negotiations will not proceed further.  To obtain an agreement in such circumstances, you should write an open letter, specifically stating that it is outside the ‘without prejudice’ protection.  Such a letter should not be marked ‘subject to contract’. The other side will similarly need to signify their agreement to it in open correspondence.  Agreements on specific points, designed to ensure that there is ‘no going back’ must be in writing; the parties cannot rely on negotiations conducted face to face or over the telephone and then recorded in an attendance note.

The Newcastle firm worked with Edinburgh-headquartered comedy club operator The Stand to help it end a search, which has taken several years, to find the ideal venue in the region.

Having outlined a derelict basement at 31 High Bridge Street which is owned by Newcastle City Council, Hay & Kilner navigated The Stand through a lengthy process of negotiation to agree 25-year lease of the site.

Nicola Tiffen, a partner in Hay & Kilner’s commercial property team, played a key role in enabling the comedy club to finally complete its Tyneside expansion, which it has long been considering.

Ms Tiffen said: “Although the site was derelict it was the ideal size and perfect location for The Stand and allowed the company to fulfil its ambitions of expanding into the North East.

“Newcastle now has its first purpose-built comedy venue run by a business that is well respected among the country’s most high profile comedians, which can only be good news for the region’s comedy fans.”

The Stand Comedy Club, which is the trading name for Salt ‘n’ Sauce Promotions, has venues in Edinburgh and Glasgow as well as its new 300+ capacity site in Newcastle.

The basement club, that also runs a street-level bistro and bar, has already hosted the likes of Phill Jupitus, Rory Bremner, Mark Watson and Patrick Monohan – the recent winner of TV’s Show me the Funny – in the weeks since its launch.

Richard Turner, general manager at The Stand said: “After an opening season that featured some of the biggest names in comedy, our line-up for the start of 2012 is once again a who’s who in the world of making people laugh.  The club’s programme includes Sarah Millican, Mark Thomas, Alun Cochrane, Fred MacAulay, and Simon Munnery, and that’s just January.

Richard Freeman-Wallace has been appointed as a partner at the Newcastle-headquartered firm’s commercial property division, bringing with him a prolific track record and a nationally renowned level of expertise.

Also joining the firm as a partner is Alison Hall, an extremely experienced private capital expert who also serves as regional chair of the Society of Trust and Estate Practitioners.

The new recruits join the firm ahead of what promises to be a busy period of growth and development, with the business targeting a number of new and emerging markets in the coming months.

Richard, who is one of the most experienced commercial property practitioners in the North East, until recently headed up the commercial property team at Newcastle firm Watson Burton.

In a career spanning more than 30 years he has built up a national portfolio of clients and contacts and played an important role in several landmark deals involving heavyweight organisations such as national housebuilders, a property investment and development company that has one of the largest portfolios in the north of England. He has also worked extensively with a number of prominent, local and regional players in the property market.

As well as bolstering Hay & Kilner’s flourishing commercial property division, the newly-appointed partner is also aiming to use his profile and reputation to help grow the firm’s national presence.

“I’m delighted to have joined Hay & Kilner at such an exciting time in its history and I’m greatly looking forward to working with the firm’s well-respected commercial property team.”

Having joined Hay & Kilner from Ward Hadaway, Alison Hall will now serve as a partner in the firm’s wealth management department. She comes into the role on the back of 15 years of advising clients on all aspects of private capital work including wills, estate planning, trusts and powers of attorney.

Additionally, Alison advises many business clients in the area on succession and business property relief.

Based at Hay & Kilner’s Wallsend branch, Jonathan has played an important role in the success of Hay & Kilner’s criminal team, which is ranked in the top tier of The Legal 500 guide. It is also one of only 2 local teams ranked for criminal work in the North East and Yorkshire in Chambers Guide.

The crime team is unique in the region as it has 4 practising advocates with ‘higher rights of audience’ allowing them to represent their clients, not only at the police station and Magistrates Court, but the Crown Court and the Court of Appeal.

Jonathan was specifically recruited by Hay & Kilner to further develop and manage their expanding Crown Court department. In 2008 he qualified as a Higher Court Advocate, and is now an established Advocate frequently appearing at the Crown Court for more serious matters.

The department has vast experience in all levels and aspects of crime, with particular relevance to commercial organisations. It has developed expertise in white collar crime, all road traffic matters and offences involving abuse of trust and professional ethics. The firm also represents businesses for offences including the Trade Description Act, fraud and money laundering.

Mark Harrison, head of Hay & Kilner’s crime team commented:
“Jonathan’s promotion is the culmination of much hard work and success in representing some of Hay & Kilner’s clients in complex prosecutions in the Crown Court.”

The fast-growing firm, which has once again received a myriad of praise in The Legal 500, will look to continue broadening its range of expertise in the coming months as it targets ongoing expansion.

While many firms have put their growth plans on hold until signs of better times ahead, Hay & Kilner is proactively investing in its future having emerged from the economic storm with a stronger, diversified business model.

Manned by what The Legal 500 calls a ‘highly professional yet accessible team,’ sectors such as commercial property, employment law and corporate finance have all performed strongly at the Newcastle-headquartered business over the last 12 months.

And now, after being recommended in 24 different work areas by The Legal 500, the firm is looking forward with confidence and believes it is well positioned to continue to grow and diversify in the future.

Senior partner Martin Soloman, who has seen Hay & Kilner double in size and build up a 160-strong workforce over the last decade, said: “Our recognition in this year’s Legal 500 demonstrates that we have a spread of genuinely experienced expertise across a large range of work.

“Our strength lies in the diversification of our business. It has enabled us to remain very busy throughout the economic slowdown.

“It’s important for us to continue to make the right quality of investment in the future and we are confident that our plans for the year ahead will play a major role in continuing our successful growth and development.”

On the back of a successful rebrand, Hay & Kilner has breathed new life into its online presence with the launch of a website which better reflects the firm’s diversified offering. Not only does it allow clients and potential clients to interact with the business online, the website will also help the firm target new opportunities in emerging markets. Significant investment in Hay & Kilner’s IT infrastructure later this year will also enable the group’s operations to become more efficient by harnessing the latest technology.

Meanwhile, two partner level, key appointments are imminent and will provide a significant boost to the firm’s commercial property and private capital capabilities and take the number of partners at the organisation up to 27.

One of the most prominent private capital solicitors in the region, Alison Hall, has joined the firm, bringing with her a high level of expertise in wealth management which directly compliments Hay & Kilner’s offering. The move comes as the firm’s private capital arm is upgraded from a third to a second tier service provider by The Legal 500 in recognition of the quality and quantity of work handled by the experienced team.

In the commercial property sector, another key player in the North East’s legal circle, Richard Freeman – Wallace has left his role as partner at a fellow regional firm to join Hay & Kilner. He is a partner in what The Legal 500 describes as an ‘excellent’ commercial property team which includes Paul Taylor and the valued expertise of Nicola Tiffen.

Among the areas of Hay & Kilner’s expertise highlighted in The Legal 500 this year is its corporate and commercial team, which recently acted in the deal which landed the European Deal of the Year title at the Islamic Finance News Awards. The accolade came for its pioneering work with International Innovative Technologies in its procurement of US$10m of shari’ah-compliant funds.

In the clinical negligence field, Hay & Kilner is positioned as a top tier firm by The Legal 500 thanks to its ‘excellent grasp’ of the subject and ‘excellent manner’ with clients.

Moving forward, the firm will continue to develop its broad range of key areas of expertise over the next 12 months.

As well as making heavyweight appointments and investing in improving its services, Hay & Kilner will also step up its support for the regional business community through its comprehensive seminar programme in areas such as debt, construction and employment law.

With exciting plans ahead for Hay & Kilner’s commercial, private client and litigation services, the business looks set to continue its growth into 2012.

The Newcastle based firm underwent rigorous assessment by the Law Society in order to secure CQS status, which marks the firm out as meeting high standards in the residential conveyancing process.

Law Society President John Wotton commented:

“CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service.

Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor. There are many different conveyancing service providers out there, making it difficult for home buyers to identify those which can ensure a safe and efficient level of service.”

The Lexcel accreditation is a mark of quality showing not only our proven ability to strive for and provide service excellence but also our proactive approach in achieving this accreditation.

After being independently assessed against specific business focused criteria, clients can be continually assured of our commitment to client care and quality of service.

Lexcel is the only quality mark that relates specifically to the legal profession therefore the prestigious accreditation is not easily achieved nor is it just a one step process.  All accredited firms must undergo rigorous regular assessments on an annual basis to maintain the high standards required by the awarding body.

Lexcel allows clients to see that through the accomplishment of being awarded this accreditation we at Hay & Kilner have gone beyond current regulations and requirements to ensure best practice is achieved across all management levels, including:

1. Structures and Policies
2. Strategy, the Provision of Services and Marketing
3. Financial Management
4. Information Management and Facilities
5. People Management
6. Supervision and Operational Risk Management
7. Client Care
8. File and Case Development

Andrew Holroyd, President of the Law Society of England and Wales, commented “Hay & Kilner’s achievement of gaining Lexcel accreditation proves a commitment to the continual development of the practice’s management standards. By implementing policies, plans, processes and procedures within Lexcel’s key areas, such as client service and risk management, Hay & Kilner will become even more effective in managing their practice.  In addition, this achievement shows the positive steps taken by Hay & Kilner to help clients in the increasingly diverse, complicated and competitive legal market.”

For further information contact Ros Sparrow on 0191 232 8345 or email ros.sparrow@hay-kilner.co.uk

This is not the case in England and Wales according to the Inheritance Act. Any person who has been dependent or was the spouse or civil partner of the deceased can pursue a claim against the deceased’s estate where they discover that the deceased had not made a Will. They can also make a claim if the deceased, having made a Will, had made little or no provision for them. 

For a person to be entitled to qualify as a claimant they either have to show their dependency or that they were the spouse or civil partner. Subject to the qualifying conditions, they must then establish no reasonable financial provision has been made for them.

The most common claims arise where by a person has cohabited with the deceased, where marriage has not taken place, and where they can be considered to be the civil partner of the deceased. 

The effect of a claim is that a claimant is seeking a redistribution of the deceased’s estate and this will affect other beneficiaries either under the Will or under the Intestacy Rules.  Beneficiaries, whether they like it or not, can then become embroiled in litigation. If the claim is successful, the costs of all parties are paid out of the estate before any distribution occurs.  It is therefore to everyone’s advantage to try and resolve a claim at a very early stage.

A Will is one of those things that everyone should have, yet 65% of adults in Britain have not made a Will.

However an individual approaches the task of thinking about what will happen after their death, there can be little doubt that all share a common desire to ensure that the estate (all their assets) which they have worked so hard to build up will pass to those relatives, friends or charities dearest to them.  Why then do so many people underestimate the importance of making a Will to ensure that their wishes actually become a reality?  

Where a person dies without having a valid Will their estate will be divided in accordance with the intestacy rules, a set of laws that control what happens to that person’s property.  Whether a particular person benefits under these rules is dependant upon their relationship to the deceased.  The general principle is that the estate will be shared by those individuals who are most closely related to the deceased to the exclusion of any relatives further removed. For example, spouses and civil partners (that is same sex couples who have registered their civil partnership) are the first category of relative to benefit, then children, then remoter issue, then parents and so on.

That being said, under the intestacy rules a surviving spouse or civil partner is not always guaranteed to benefit from the entire estate of their deceased partner, and may, if the estate is above a certain value, find themselves in certain circumstances having to share the estate with the children or parents or brothers and sisters or even nieces and nephews of the deceased. Equally, an estranged spouse or civil partner may benefit from some or all of the estate if they were not actually divorced from the deceased, or if their civil partnership had not been legally dissolved. 

The intestacy rules make no provision for friends of the deceased, or for people who may have been financially dependent on the deceased but not related to them by blood.  Additionally, they do not give special rights to any vulnerable or disabled members of the deceased’s family. 

Perhaps most significantly, the intestacy rules make no provision for the deceased’s partner where the couple were not married or not in a registered civil partnership at the time of death, meaning a surviving partner could potentially find themselves receiving nothing from the estate even in circumstances where the couple had lived together for many years. 

Ultimately, where a person dies leaving no spouse, civil partner or blood relatives the intestacy rules would operate so as to pass their estate to the Crown.  

By making a Will a person can leave their estate to individuals or organisations of their choice and avoid the application of the intestacy rules.

A Will can also be used to facilitate a number of other different wishes.