Amazon Investigated Over Tax Avoidance

Posted on April 10, 2012 by markkiteley

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Amazon, Britain’s largest online retailer, sells almost one in every four books in Britain. The company is currently being investigated by HM Revenue and Customs for possible tax avoidance, by allocating its UK sales to a company in Luxembourg. Amazon is also being investigated in China, Germany, France, Japan and the US.

Reports show that in the past three years Amazon’s UK sales were between £7.6 billion and £10.3 billion, but from 2003 to 2011, the UK registered company paid only £3 million tax.

It is thought that the UK operation has been avoiding tax since the ownership of Amazon.co.uk was transferred to a Luxembourg-based Amazon EU Sarl company in 2006. The UK operation is a delivery company, and all payments from the UK are transferred to Luxembourg.

Tim Waterstone, bookselling retail chain Waterstones’ founder, said Amazon’s tax avoidance reflects the company’s “rude, contemptuous, arrogant and subversive” attitude to the rest of the book trade.  He also says Amazon’s “grotesquely unfair” avoidance of millions of pounds of UK taxes could result to the death of high street bookshops.

Are you marketing with an Olympic theme? You could be breaking the law

Posted on April 3, 2012 by markkiteley

When London won the right to host the 2012 Games in 2006, the London Olympic Games and Paralympic Games Act was taken on to protect images and signs relating specifically to the 2012 Games. Previously in 1995 an Act was brought in to protect the symbols of the Olympic movement. The 2006 Act goes into more detail to control the use of terms and phrases linked with the Olympics.

The following phrases and images are protected under this act:

  • The Olympic and Paralympic Symbol
  • The London 2012 Olympic and Paralympic Emblems
  • The London 2012 mascots
  • The words ‘London 2012′
  • The words ‘Olympic’, ‘Olympiad’, ‘Olympian’ (and their plurals and words very similar to them – eg ‘Olympix’
  • The words ‘Paralympic’, ‘Paralympiad’, ‘Paralympian’ and their plurals and words very similar to them – eg ‘Paralympix’
  • The words ‘games’, ‘two thousand and twelve’, ‘2012’ and ‘twenty twelve’ which may not be used in combination with each other or with ‘gold’, ‘silver’, ‘bronze’, ‘London’, ‘medals’, ‘sponsor’ or ‘summer’.
  • The Olympic Motto: ‘Citius Altius Fortius’ / ‘Faster Higher Stronger’
  • The Paralympic Motto: ‘Spirit in Motion’
  • The Team GB and Paralympics GB logo
  • The British Olympic Association logo
  • The British Paralympic Association logo
  • The London 2012 sports pictograms

If you are found to be ignoring these restrictions and produce advertising, web content or promotional material which uses any of the above it could result in large fines, or court action.

Small businesses without PR firms or brand consultants to ensure they are complying with all legislations are at risk of incurring the wrath of LOCOG (London Organising Committee of the Olympic and Paralympic Games). You could unintentionally already be investing in marketing or advertising tactics that may have to be cut.

There are things you can do, and to ignore this momentous event in 2012 would be both a waste and a shame. For more information and tips for utilising an Olympics theme in your business marketing, see this article.

New defeat over Children’s Legal Aid Bill

Posted on March 29, 2012 by markkiteley


The government has suffered a new defeat over its Legal Aid, Sentencing and Offender Bills, as the House of Lords votes’ against plans to restrict legal aid for around 6,000 children.

The Bill had been proposed by the government in the hopes of saving £350m in legal costs by 2015, but has been sent back by the House of Lords for amendment eleven times.

Former Paralympic athlete and cross bencher, Baroness Grey-Thompson, was instrumental in the attempt to defeat this bill, and managed to succeed by a narrow margin of 232 votes to 220.

Cases where children try to bring civil suits against their council, involving education matters, are some of the instances in which this proposed bill could have an impact.

Having rejected the bill the peers have voted for an amendment to be included, which would ensure that legal aid continues for children in all cases currently covered by the service.

Speaking in favour of the amendment, Baroness Grey-Thompson said: “Children are not adults, they do not have the capacity to represent themselves or to interpret the thousands of pages of laws and regulations that affect them.”

Explaining Legal Processes: Divorce

Posted on March 26, 2012 by markkiteley

The media bombards us with reports of sensational divorce stories, about both celebrities and us ‘ordinary people’. Just today, the tabloids report the story of a Welsh couple who have separated after only four days of marriage, giving many celebrities’ short-lived marriages a run for their money.

Nevertheless, regardless of the reason or whether it follows 4 days or 40 years of marriage, divorce is often a stressful and upsetting process. We strive to help make the process as smooth and stress-free as possible.

In order to obtain a divorce a reason needs to be given, and there are five points which could constitute reasonable grounds for divorce:

  • The other party has committed adultery and it is intolerable to live with them any more
  • The behaviour of the other party is such that the petitioner cannot be reasonable be expected to live with them
  • The petitioner has been deserted by the other party for a continuous period of at least 2 years
  • The parties have lived apart for 2 years and both parties agree to the divorce
  • The parties have lived apart for at least 5 years, whereby one person can apply for divorce without the others’ agreement.

After the petition has been acknowledged by the other party, the court will usually grant a Decree Nisi – a document issued by the Court, which says that they will agree to grant you a divorce.

Following the Decree Nisi the petitioner would need to wait six weeks and one day to apply for a Decree Absolute, which officially ends the marriage.

Although these steps seem clear divorce can be extremely complicated, particularly when assets and children are involved. If there is some cause for dispute, the two people may be required to enter mediation, use a process of arbitration, or even go to court.

At Kiteleys Solicitors we understand the complications that can come with divorce, and offer a range of legal services & advice including fixed fee divorce solicitors, and ancillary relief. We will also provide an updated costs estimate, and keep you informed of any developments, at every step of the case.

If you require any help or advice, we would be happy to hear from you.

Dog Attacks

Posted on March 22, 2012 by markkiteley

It seems as though barely a week goes by without some kind of dog attack being reported, and statistics show that these attacks resulted in over 6000 adults and children being admitted to hospital in March 2010/2011.

Yesterday it was reported that a three year old girl and her five year old sister were attacked, whilst at the park with their mother, by a type of Mastiff called a South African Boerboel. Whilst today, breaking news informed the public that five Metropolitan Police officers have been seriously injured by a pitbull-type dog. In this incident it appears that the officers were injured when they went to make an arrest in East London; the dog was shot dead and the owner has been arrested.

If you own a dog or are responsible for handling dogs, then you have a duty to protect others from the danger that a dog could potentially cause. Owners can be convicted if their dogs’ attack someone, and can also be prosecuted, under the Dangerous Dog Acts of 1991 & 1997, for keeping certain types of dangerous breeds.

If a dog has attacked you then, due to the owners’ negligence, you could be entitled to claim compensation against them for your injuries. Please contact our personal injury team today for help and advice, and we may be able to help you recover compensation.

Should Pensioner’s pay for their old-age care?

Posted on March 19, 2012 by markkiteley

Recent reports suggest that some families are hiding their elderly relatives’ assets, in order to protect them from care home fees.

Since 1948, funding for care home placements has been means tested, in order to protect those who are unable to pay for help. Currently, patients can only receive such help once their capital has been reduced to £23,250.

This system has long been criticised, for penalising people who have been careful to save money for their old age. Furthermore, the longer they live, the less they will have to leave the less they will have to pass on to their families.

There is a cap in place, of £35,000, which limits the total amount a patient will have to contribute to their care in a lifetime. However, the Government is now looking at changing the limits that are already in place, in the hopes of encouraging people to take out insurance policies, or look at other solutions, to cope with their future care.

It is estimated that around 20,000 pensioners are forced to sell their homes each year, to pay for their care. It appears that families are trying to avoid such an eventuality, by taking legal steps to hide assets, and ensure that the local council will pay the care bill.

A well-written will, and ensuring that property rights are carefully managed, are a couple of the measures which are being taken.

Under the law, if a council can prove that assets have been deliberately removed from a patient, in order to avoid paying care fees, they can take steps to recoup payment. However, it has proved extremely hard for them to determine that such steps have been deliberately taken.

When it comes to thinking about your future needs, or those of your relatives, contact Kiteleys and we will be happy to offer you advice.

Victims of nuclear testing unable to seek damages

Posted on March 15, 2012 by markkiteley

The Supreme Court has ruled that ex-servicemen will be unable to seek compensation, after they were allegedly made ill by nuclear weapons tests in the 50’s.

Veterans, who have suffered from ill health including cancer, skin defects, and fertility problems, were told that they had waited too long to make their claims.

The judges said that, under the Limitation Act 1980, their cases should have been brought within three years. The seven judges, ruling on this case, rejected the bid with a small majority of four to three.

Aside from this time limit, the Supreme Court Justices also pointed out that the veterans would have trouble establishing a causal link between the tests and their illnesses.

Around 22,000 men were involved in the 21 atmospheric nuclear tests carried out by the British government in Australia and on Christmas Island in the Pacific Ocean between 1952 and 1958. For the past two years, over 1000 ex-servicemen, or their relatives, have been battling through the courts, and this news does appear to have stopped any desire to fight for their cause.

Rose Clark, 71, whose husband, Michael, died of bone and lung cancer in 1992, said the case had not been “about money, but getting official acknowledgement that the men had been put at risk”.

She added: “Michael was 19 at the time he was on Christmas Island, and witnessed five atomic bombs.

“He said he was so close he could see the bones of the people on the beach beside him. It was like an x-ray, he said. The army simply told him to turn away when the explosion occurred.”

The solicitor, representing the veterans, has condemned the ruling, saying that the government should follow the example of other countries and set up a fair and just compensation system.

Kiteleys specialises in personal injury claims, and offer advice on areas ranging from asbestos poisoning to loss of hearing, and asthma. If you need any help with a personal injury claim, contact your nearest Kiteleys and we’ll be happy to help.

Red & White Appeal day

Posted on March 9, 2012 by markkiteley

 

Today is an important day, and not just because it’s Friday! Today is also Red & White Appeal Day and there are lots of great fundraising things going on today and over the next few days so why not get involved for a really great cause!

Mark and Sarah attended their networking breakfast this morning which was fab! We were reminded by the great work this Appeal does to raise funding to build a specialist treatment unit for blood cancer patients.

The lovely charity ambassadors are at Westquay shopping centre all day today with the Breeze 107 radio roadshow. We were there this morning shaking collection tins in time to the top tunes being played! There is a load of entertainment throughout the day, including numerous dance performances right up until 8pm this evening and a number of other activities and competitions!

Tomorrow, some very brave people are taking the plunge with Skydive South Coast and completing tandem parachute jumps to raise money for the Red & White Appeal. What an amazing thing to do for an amazing reason (rather them than us though!) Every little helps toward the Appeal’s aim to raise their target of £1.76million as soon as possible to built the specialist treatment unit, so if you can help in any way, please do!

Lawyers need to treat Clients more like Customers

Posted on March 6, 2012 by markkiteley

A new report, published today by the Legal Ombudsman, warns law firms to treat their clients more like customers, or risk losing business.

The findings show that almost a quarter of complaints made to the Ombudsman, during the year, related to costs, where a clients has felt overcharged, confused or surprised by the charges presented to them by their lawyer.

Price comparison websites have seen the average consumer becoming much more demanding when it comes to costs, and in most businesses, nowadays, the customer has the upper hand when it comes to choosing service providers.  Although this concept, of the customer holding sway, is becoming increasingly normal in the legal firms, the Ombudsman has urged firms to drop any reluctance to recognise that clients are also customers.

In the wake of liberalisation and changes in practices, amongst new law firms, the more traditional ones are presented with unprecedented challenges.

Chief Ombudsman, Adam Sampson, says, ‘Those who adapt to the market, it appears, will survive: those who cannot may be doomed to disappear.’

The report offers advice to law firms looking to avoid the common complaints about cost, in the form of a 10-point checklist. The pointers include advising firms to explain terms and conditions to their customers, and to make sure to inform clients as the price of their case progresses.

As well as advising lawyers, the report also gives advice to clients about asking the right questions at the outset of the case.

Elisabeth Davies, chair of the Legal Service Consumer Group, said: ‘We welcome the Legal Ombudsman’s guide on costs, which should help prevent consumers and lawyers from getting into unnecessary disputes.

‘Our advice to consumers is to shop around for the best deal, ask lots of questions and don’t be afraid to challenge your lawyer if you are unhappy about their fees.’

At Kiteleys, we pride ourselves on offering our customers a friendly, easy-to-understand, service. If you require our services, or have any questions, please feel free to phone, email or come in and see us.