The Supreme Court has ruled that Shamima Begum, the young woman who left the UK for Syria to join Islamic State, may not return to her home country to fight against the removal of her British citizenship. Ms Begum, now 21, wants to come back to the UK to challenge the Home Secretary’s decision to remove her citizenship; she is currently in a camp controlled by armed guards in Syria. Having left the UK in 2015 at the age of fifteen, she travelled to Syria to join IS. In 2019, then-Home Secretary Sajid Javid removed her citizenship on the grounds of national security. However, last July, the Court of Appeal ruled that the only fair course of action in this case was to allow Ms Begum to return home to appeal the decision, as she is not able to do so from her camp in Syria. While other people who have had their citizenship stripped have been able to appeal from overseas, the camp she’s in won’t even let her lawyers visit, so it’s incredibly difficult for her to engage in any way with the process.The Home Office immediately responded to this ruling with an appeal to the Supreme Court to reconsider the decision, claiming that allowing her to return to the UK would pose “significant national security risks”. In a unanimous decision, the Supreme Court ruled that her rights were not being breached with the refusal to allow her permission to return to the UK. Lord Reed, president of the Supreme Court, said that the government had been within their rights to prevent Ms Begum from returning and that the right to a fair hearing “did not trump all other considerations, such as the safety of the public”.He did, however, add that the appropriate answer may be to pause her legal dispute for citizenship until she was in a safer position in which to take part in her appeal from abroad. Current Home Secretary, Priti Patel, welcomed the Supreme Court’s decision and claimed it reaffirmed “the Home Secretary’s authority to make vital national security decisions”. Liberty, the Human Rights group representing Ms Begum’s case have argued that a right to fair trial is not something that governments should be able to take away “on a whim”, and that the decision sets an “extremely dangerous precedent”. For any questions concerning immigration law, please contact our team of experienced solicitors who are ready to help you with your case.

As part of the 2021 budget recently announced by the Chancellor for the Exchequer, UK citizens who have lived abroad for more than fifteen years are set to regain the right to vote in UK elections.While successive governments have been looking into and committing to change these laws for years, this proved to be a major legal victory for those campaigning for the right to vote in their home country for decades. The thresholds for who can vote in UK elections while not in residence of the country have shifted for years. Before 1985, UK citizens living abroad were simply unable to vote in general elections full stop. However, after the laws changed, they were able to do so for the first five years after the expatriated. This was extended to twenty years in 1989, however reduced to fifteen in 2002. Paragraph 2.41 of the Treasury Red Book claims that the government is providing £2.5 million to “remove the limit preventing British citizens who live overseas from voting after 15 years.”Expats who have, indeed, lived abroad for over fifteen years will now be able to vote in general elections in the constituency in which they lived before leaving the UK. This decision comes off the back of a lengthy legal battle with campaigners whom have threatened to take their case to the UN as they believed their rights were being infringed upon. Legal rights to engage in democracy will always be an interesting, if not contentious topic. If you or anyone you know lives abroad and wants to learn more about your rights regarding voting or anything else, we’d love to hear from you. Our immigration solicitors are second to none and hold some of the most sought after accreditations in the sector so would be glad to advise you on any matter or concern. 

With the uncertainty of the UK economy, coupled with incentives such as the Stamp Duty Holiday, it’s been an interesting twelve months for the UK housing market to say the least. February saw an uptick in house prices ahead of the planned end of the Stamp Duty Holiday, now pushed back to the end of June, which many didn’t expect. The UK Nationwide house price index rose 0.7% in February 2021, a stark contrast to January’s 0.2% contraction. Furthermore, economists hadn’t even predicted a rise at all, Reuters had forecast a 0.3% contraction.The prices year on year make for pleasant reading for those looking to sell as well, with house prices up 6.9% compared to February last year. Growth in house prices has been accelerating since the government introduced the Stamp Duty holiday last July in response to the immediate slump in the market after the onset of the Covid-19 pandemic. The combination of the tax exemption and increased buyer demand for larger properties during lockdown has led to a healthy increase in house prices in the UK, with little signs of slowing too dramatically now the Stamp Duty holiday has been extended until the end of June 2021. While the UK economy as a whole has taken a lot of damage from the pandemic, the housing market has benefited from government schemes and protections that have led to it remaining reasonably unscathed, even healthy. Housing experts don’t foresee this growth stopping for a while either. In addition to the extension of the stamp duty holiday, the Chancellor’s latest budget also outlined provisions to incentivise low deposit mortgages. Lenders that agree to give mortgages to buyers who can only put down a 5% mortgage will have a government guarantee protecting the loan, meaning good news for first time buyers, as well as those looking to sell their property. The winding down of furlough schemes later in this year, along with the eventual end of the Stamp Duty holiday have caused some to be cautious about the market in the latter half of the year. However, many believe that vaccination rollouts, lifting of lockdown restrictions, and support from the Budget mean there are more than enough reasons to be positive about the UK housing market. We’re rather into our conveyancing here at Manak Solicitors, with a team of expert lawyers who have dealt with every fashion of property deal in the Kent and London area. If you’d like to enter the market while it’s strong, either as a buyer or seller, we’d be delighted to advise you and help you keep the process as easy and painless as possible. 

The Chancellor of the Exchequer, Rishi Sunak, recently announced an extension to the stamp duty holiday in relation to purchasing new property. This major announcement comes off the back of substantial pressure and evidence presented by those in the property and housing sector and following a very successful initial rollout of the holiday in 2020. But what does it mean in practice for people looking to buy a home? As experts in property law and conveyancing, we’ve put together an easy guide to let you know all you need to know about stamp duty, the holiday, the extension, and what it means for you. What is Stamp Duty?Stamp Duty Land Tax (SDTL, or simply Stamp Duty), has to be paid if you are purchasing a property or plot of land over a certain price in England and Northern Ireland. The names and thresholds of the tax are different in Scotland (Land and Buildings Transaction Tax) and Wales (Land Transaction Tax).You have to pay Stamp Duty when you buy a freehold property, a new or existing leasehold, or a property through a shared ownership scheme. It’s also paid when you are transferred land or property in exchange for payment (e.g. you take on a mortgage or buy a share in a house).Prior to the stamp duty holiday, the tax was calculated and applied to any land or property £150,000 or higher and rose incrementally once the value hit new thresholds. You only paid tax on the amount in excess of those thresholds. For example, if the property was £275,000, you’d owe:0% on the first £125,000 = £02% on the next £125,000 (taking you to the £250,000 threshold) = £2,5005% on the final £25,000 = £1,250Bringing your total Stamp Duty to £3,750(Source: Gov.uk) Paying Stamp DutyWhile you can pay it yourself, your conveyancing solicitor will usually deal with the Stamp Duty return, as well as any payments due to you. HMRC can submit your return online once they have your solicitor’s authority on record and the effective date of the transaction. Naturally, our team of conveyancing experts would be more than happy to assist you with this.Should you wish to pay Stamp Duty yourself, HMRC allows you to do this either online or as a paper transaction. More details regarding the step by step processes can be found on the government’s website.The Stamp Duty HolidayOn 8 July 2020, the Chancellor announced a temporary break from paying Stamp Duty on all properties £500,000 or under until 31 March 2021. This was in direct response to the slump in the market due to the economic and social unrest caused by the outbreak of Covid-19. During this time, say you bought a property for £400,000, you’d have avoided spending £10,000 in Stamp Duty – so the savings aren’t to be dismissed lightly. The effects on the property market were dramatic to say the least. The vast savings people could make on purchasing property, coupled with a desire to upscale to larger homes in lockdown, led to the housing market climbing 8.5% – the highest annual growth rate since October 2014.The Stamp Duty Holiday ExtensionRishi Sunak announced in his latest budget that the current Stamp Duty holiday will be extended by three months to the end of June 2021. This news will no doubt be welcomed by those working in the property market, as well as those looking to buy or sell property in the coming months. Furthermore, the Chancellor has outlined that the holiday will technically run until October, “To smooth the transition back to normal, the nil rate band will be £250,000, double its standard level, until the end of September – and we will only return to the usual level of £125,000 from 1 October.”It was estimated that, had the holiday not been extended, around 300,000 property sales which had been agreed during the window would have no longer been applicable to receive the tax break, meaning many people would lose tens of thousands of pounds they hadn’t budgeted for. Due to the boom in the housing market during the holiday, there has been an unprecedented number of people buying and selling homes, including a large rise in first time buyers. This has led to a large backlog of sales to finalise and was one of the driving factors behind the decision to move the end of the holiday back. Despite this being a large relief to those involved in the housing market, there are those who believe any pushback is delaying the inevitable. The Centre for Policy Studies has said that any end of the stamp duty holiday would be a “sledgehammer blow to the housing market”. Regardless of this, the holiday’s extension provides welcome breathing space for the market. How can I take advantage of the Stamp Duty holiday?Whether you’re already in talks to purchase a property or you want to strike while the iron’s still hot, the Stamp Duty holiday extension can save you a significant amount of money. First thing’s first, you should talk to a conveyancing solicitor about how best to approach the housing market and how your personal situation applies to paying tax on property or land. When buying a property, Stamp Duty has to be paid to HMRC 14 days from the date of completion or you risk incurring a fine. This tight deadline is one of the reasons people recommend having a solicitor take care of these details and payments. Thankfully, we know a team of expert conveyancing solicitors who’d love to hear from you.This means that you need to have agreed a fee as well as reached a completion of the purchase by the end of the holiday for the purchase to be covered by the Stamp Duty holiday. Considering the lengthy process of buying property, along with the busy nature of the market at the moment, we recommend wasting no time in entering the market. If the property you’re purchasing is £500,000 or under, you’ll pay no Stamp Duty on that at all, with tax only paid on any value above that amount. Here’s a handy table to clear it up:Property valueStamp DutyUp to £500,000NothingThe next £425,000 (value between £500,001 to £925,000)5%The next £575,000 (value between £925,001 to £1.5 million)10%The remaining amount (value above £1.5 million)12%As you can see, you stand to save multiple thousands of pounds should you act soon. How Manak Solicitors can help youYou may have noticed the very subtle hints dropped earlier in this blog that we’re exceptionally proud of our team of conveyancing solicitors.Dealing with Stamp Duty can be a complicated and arduous task, especially during the process of such a big venture as buying property. That’s why people usually have a solicitor or other conveyancing expert handle this to make sure the right amount is paid, you’re not stung by any unexpected costs, and the process is as smooth as possible. From pushing through offers on property, to ensuring that the process gets resolved and signed off before the holiday ends, you’ll find working with our team the right decision. We’ve seen it all when it comes to buying and selling property around Kent and London, and will make sure your foray into the property market goes as smoothly as possible. If you’d like to learn more about conveyancing or speak to a member of the team, we’d be delighted to hear from you.

Ryanair are to appeal to the European Court of Justice after losing a legal battle against state aid received by rival airlines. Flag carriers such as Air France-KLM, Lufthansa, Austrian Airlines, and TAP have all received state aid from their home nations, something that Ryanair, Europe’s biggest budget carrier, has taken umbrage with. They have filed over a dozen lawsuits against the European Commission and other airlines over these state grants, which they believe give competitors an unfair advantage because of their national affiliations. Chief executive of Ryanair, Michael O’Leary, has accused European nations of “Selectively gifting billions of euros to their inefficient flag carriers”.However, the European Commission recently ruled that state bailouts, by the specifically cited French and Swedish governments, were well in line with the EU’s rules. Referring to the French system of financial aid, the court claimed, “That aid scheme is appropriate for making good the economic damage caused by the Covid-19 pandemic and does not constitute discrimination”.It also claimed that the Swedish system is presumed to have been adopted “in the interest of the European Union”. The Irish budget airline will now take its case to the EU’s highest court, arguing that these programmes unfairly benefited Air France-KLM and SAS AB, while discriminating against other carriers such as itself. Ryanair hope that a victory in the court would “give airlines and consumers a glimmer of hope that national politicians obsessed with their flag carriers will be sent back to the drawing board and required to use state aid wisely to assist the recovery of traffic in the post-Covid world instead of bailing out their favoured airline at the expense of fair competition and consumers”

A settlement agreement is a legally binding agreement which is made following the termination of your employment and/or an agreement to bring a dispute with your employer to an end.A settlement agreement can be written in a legalistic language and refer to specific statutes and regulations. One of the most important term of your settlement agreement is that you must take legal advice on the terms of the agreement and your advisor must provide your employer with an Advisor Certificate confirming that you received independent legal advice from a qualified advisor.We are experience in providing specialist independent legal advice in relation to settlement agreements and will ensure that you receive relevant and accurate advice. We have been representing and negotiating settlement agreement for more than 20 years, helping to ensure clients are adequately compensated without the need to bring a claim in the Employment Tribunal.THE SERVICE WE OFFEROur service is paid by your employer so it is FREE OF CHARGE for you.An experienced qualified lawyer will review your settlement agreement terms and conditions and provide you with legal advice and recommendations on the terms of the agreement based on your instructions, delivered within 1 working days.The service includes:An initial 10-minute call to clarify the circumstances leading to you being offered a settlement agreement and taking instructions from you.  A review of your settlement agreement.Remote meeting where the legal advisor will advise you on every term in the agreement and ensure that you understood it all before signing the agreement.Delivery of your signed settlement agreement and signed Advisor certificate on the same day to your employer.Liaising with the employer; A follow-up email providing you with your settlement agreement signed by both parties.The service excludes:Any drafting or revision of the wording of your settlement agreement.Any change in original instructions.Any negotiation with your employer; Further communication on the matter outside the services offered above.Detailed advice on the merits of your potential Employment law claim.What’s Next:If you are happy with the above, simply contact us and we can get started.Assumptions this service is based upon:You agree to sign the settlement agreement following the advice;You have read, understood what this service includes, excludes, and determined that it meets your specific needs.The only governing law is that of England & Wales.What you need to provide:The first step after purchase will be to provide verification of your identity as listed below:Photo ID: A copy of a valid passport or driving licenceCopy bank statement or utility bill within 3 monthsContact details of your HR managerCopy of the settlement agreement;Your comments, questions and concerns you wish to raise relating to the terms and conditions of your settlement agreement.We want to support you!If you have any questions you would like to raise regarding employment law, please get in touch.We also provide a tailored advice on the merits of your claim and negotiating a better deal for you with your employer.If you are also interested in further detailed advice not covered in the above, simply contact us with an outline of your requirements. We will provide a tailored quote to meet your needs.Manak Solicitors

A charity representing self-employed mothers have lost their legal challenge against the government for indirect sexual discrimination over the amount of financial support received during Covid-19. Pregnant Then Screwed’s legal challenge stemmed from discrepancies received through the Self-Employed Income Support Scheme (SEISS), in the wake of Covid-19. SEISS, along with the furlough scheme, based support grants for self-employed people based on average profits made between 2016-2019. Therefore, anyone who had taken maternity leave during that time would have naturally incurred a loss in earnings, which negatively impacted their calculations for SEISS grants. An estimated 75,000 women who took maternity leave over the last few years missed out on a significant amount of money that they would have earned, especially in relation to male and childless counterparts in the same profession.However, Mrs Justice Whipple claimed that the Treasury had “good reason for adopting an approach that was simple and which used one rule, one approach, applicable to all”. As well as this, it was stated that adopting different measures to account for separate circumstances would have involved new expense and would have led to delays in rolling out the scheme at a time when people needed assistance urgently. Speaking in support of the ruling, a Treasury spokesperson said that the package for self-employed people is “one of the most generous in the world”, with over £280bn invested to protect jobs and businesses during the pandemic.Pregnant Then Screwed are naturally opposed to the ruling, calling the judgement “fundamentally flawed” and containing “serious legal errors”.A spokesperson for the group said that they were concerned for vulnerable new mothers who are receiving far less than their male and childless counterparts in the face of an incredibly difficult time. They have said the group are considering its options for appeal. If you have any concerns regarding your income or employment at the moment, be it related to the pandemic or not, our expert team of employment solicitors are only a call or message away from helping you make sense of your legal situation. 

The European Court of Human Rights (ECHR) has told Russia that it must free political opponent and critic of Vladimir Putin, Alexei Navalny. The court ruling stated that Mr Navalny be granted temporary release from jail as the Russian government were unable to provide adequate proof that there were safeguards to his health and safety in place while in custody. Russia have not responded kindly and will ignore the ruling, referring to it as ‘gross interference in the judicial affairs of a sovereign state’. Russia’s Justice Minister called the ruling ‘unenforceable’ and that there was no legal basis upon which to release Mr Navalny from custody.  The dispute poses a difficult international legal situation. While Russia have a legal obligation to abide with rulings of the ECHR as per their membership of the Council of Europe, they have previous form in unilaterally ignoring them. In 2014, they were ordered to pay nearly €2billon in compensation to shareholders of the Yukos oil empire assembled by oligarch Mikhail Khodorkovsky, who was jailed for tax evasion and fraud with the company broken up into state controlled firms. They did not abide with this ruling either. In fact, last year Russia adopted new constitutional amendments that stated that they had the right to ignore any and all international legal decisions that they deemed violated their national sovereignty. Actions like these leave room for large discussions as to the effectiveness of international courts where rulings can be accepted and rejected by governments such as Russia’s. After a suspected FSB poisoning, which he claims was orchestrated by Vladimir Putin, Mr Navalny says his life is in danger while in custody. He is currently incarcerated due to violating parole from a 2014 sentence, with further jail time on the cards as the government presses new charges. His original conviction was an embezzlement charge, widely seen as politically motivated, for which he will soon appear in court to appeal.

Uber has lost its battle in the Supreme Court over drivers’ rights in a decision that will have enormous implications those in the gig economy.The UK’s highest court ruled against the taxi app firm, concluding drivers should be classed as ‘workers’ and not independent third-party contractors. This means they are entitled by law to basic employment protections which include minimum wage and holiday pay.This decision now opens the door for drivers to claim compensation running into thousands of pounds. The scale of what could come is highlighted by the fact that there are over 60,000 Uber drivers in the UK today.Uber’s case was dismissed unanimously by seven justices. Yaseen Aslam, co-lead claimant and App Drivers & Couriers Union president said: “I am overjoyed and greatly relieved by this decision which will bring relief to so many workers in the gig economy who so desperately need it.”Mick Rix, GMB national officer, said: “This has been a gruelling four-year legal battle for our members – but it’s ended in a historic win.“The Supreme Court has upheld the decision of three previous courts, backing up what GMB has said all along; Uber drivers are workers and entitled to breaks, holiday pay and minimum wage.“Uber must now stop wasting time and money pursuing lost legal causes and do what’s right by the drivers who prop up its empire.”If you have concerns regarding your employment, our employment solicitors are only a call or message away, ready to assist you with your case.