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Protect SMEs from corporate criminal liability

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Earlier this year, the UK Law Commission reviewed corporate criminal liability law. Find out how proposed changes to the legislation could get your company into a pickle!

It is easier to hold smaller companies accountable for wrongdoings than multi-million-dollar companies. However, the bigger a company gets, the harder it is to identify individuals responsible for criminal acts. The review aims to ensure fair treatment between organisations of different shapes and sizes. But will it achieve this?

The general rule for corporate criminal liability is the ‘identification doctrine’. Identification doctrine means that a company will generally only be held liable for the conduct of a person with the status and authority to constitute the company’s “directing mind and will”. In short, those persons with oversight and control of operations. So, for example, the directors of small businesses are likely to have oversight and control over all operations and therefore be the ones identifiable as the directing mind and will. In contrast, in large companies, the decision-making powers are diffused. Because of this, the UK Law Commission’s review is considering reforming the doctrine.

The Commission is also considering whether to introduce a new offence of “failure to prevent” certain criminal acts (e.g., fraud) by an employee or agent. By way of illustration, as things currently stand, a company employee could commit criminal acts to benefit the company. The company could escape liability by arguing that the employee in question is not ‘senior’ enough to be the directing mind and will. In this scenario, the company would benefit from the criminal act in question but escape liability. However, by introducing an offence of failing to prevent, companies will not escape liability unless they can demonstrate that they have established appropriate policies and procedures to prevent such criminal acts from being carried out in the company’s name.

The costs of introducing new procedures, policies, and training to ensure compliance with the Commission’s proposed changes may be high. Small businesses may need help to meet these, especially post-pandemic and especially considering recent economic forecasts. The key for any business is to understand the proposed changes and ensure that appropriate and proportionate measures are taken, considering the business’s sector, size and risk exposure.

Ensure you have the right policies and procedures in place to help protect your SME from corporate criminal liability. Contact corporate lawyer Evangelos Kyveris today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Divorce applications at ten-year high

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As a result of the new legislation, statistics released by the Ministry of Justice show divorce applications from April to June of this year were at a ten-year high, up 22% from the same quarter in 2021. So, why were so many couples holding out to file for divorce until after 6 April?

What is a no-fault divorce?

No-fault divorce allows couples to divorce without attributing blame to any one party. It intends to make the process less acrimonious and enable people to focus on other practical and emotional aspects of their separation, including reducing conflict for children.

How does no-fault divorce make the process easier?

The Act brought several long-awaited changes that made it easier for couples to end their marriage or civil partnership. It might explain the recent spike in divorce applications since the new rules came into force.

Grounds for divorce

Previously, divorcing couples had to show that their marriage had irretrievably broken down by establishing one of the ‘five grounds’ of divorce. These were adultery, unreasonable behaviour, desertion, living apart for at least two years with consent and living apart for at least five years without consent.

As the concept of fault has been removed from divorce proceedings, there is no longer a requirement to demonstrate the irretrievable breakdown of a marriage. Couples no longer have to cite one of the five grounds for divorce.

Divorce applications can no longer be contested

Under the old rules, one party could contest the divorce if they did not agree with the grounds. This could either delay or potentially prevent the divorce from being successful – thus forcing one party to stay married to the other against their wishes.

One of the most significant changes under the Act is that respondents can no longer contest divorce petitions except for reasons of jurisdiction.

Joint divorce applications

Under the Act, one single party is no longer required to initiate divorce proceedings. Instead, a couple can now make a joint application.

Updated terminology in the divorce process

The terms and wording previously used during the divorce process have been modernised. For example, the person applying for the divorce is now called the applicant rather than the petitioner. In addition, the decree nisi is now a conditional order, and the decree absolute is called the final order.

Despite these reforms, obtaining professional legal advice from a family lawyer (preferably a Resolution member) is essential. A solicitor will ensure that items, such as the financial settlement, are dealt with properly at the time of divorce.

Speak to family solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

What is a trust fund?

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A ‘settlor’ is a person who puts assets into a trust fund. The ‘trustees’ manage the trust’s assets on behalf of the ‘beneficiaries’ who will benefit from the assets. Different types of trusts are taxed differently, and HMRC has a guide to the different types.

Common reasons for setting up a trust include when someone cannot manage the assets themselves because they are too young or may have become incapacitated. A trust fund can also protect a family’s assets or pass on assets before or after death, allowing the settlor to set out how they wish the assets in the trust to be used or distributed. Everyday situations may be to provide for a spouse after death while protecting the interests of any children or to manage succession planning in a family business.

They are beneficial when planning how money and assets should pass from generation to generation, especially when family structures are complicated by divorces and second marriages. 

The trustees are responsible for managing the trust, making investment decisions and paying taxes while fulfilling the objectives set out for the trust by the settlor. 

Trust creation is a specialist area where professionals are generally needed to provide guidance and advice on the most appropriate route. Helpful reading on the topic is available at the Society of Trust & Estate Practitioners (STEP) and HMRC.

James McMullan is a member of STEP. So if you’re thinking about setting up a trust or need help managing one, why not call them today?

Note: This article is not legal advice; it provides information of general interest about current legal issues.

The changing landscape of divorce

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Family solicitor at London law firm RIAA Barker Gillette, Pippa Marshall, explains how the landscape of divorce is evolving to meet modern demands and synchronise with how people want to end relationships.

The first thing most clients tell us is that they don’t want to go to court. The good news is that they don’t have to. Now, more than ever, lawyers are coming up with innovative ways to assist their clients in reaching an amicable financial settlement, particularly since the introduction of ‘no-fault‘ divorce in April of this year.

Kitchen table arguments are no longer spilling into lobbies of court buildings, and it is no longer the norm for the court to decide divorce settlements. It is still possible, however, for both parties to have their fair slice of cake.

Clients want their lawyers to have a human touch and guide them through negotiations and processes amicably and combine expertise with empathy.

Divorcing on an amicable footing will inevitably help clients’ mental health and maintain a peaceful relationship with their ex which is particularly important when they need to co-parent children moving forward.

We can help you navigate the landscape of divorce

Our family lawyers at RIAA Barker Gillette recognise this and have adopted several methods to help clients reach an agreement. Clients usually prefer to settle out of court, so we try our best to negotiate a settlement first. Arbitration and early evaluations of a couple’s finances by a neutral private judge are rising. Many mediators now qualify as psychotherapists to help people reach financial settlements with the benefit of therapeutic understanding. Divorce Coaches can help clients navigate their relationship through the legal process, and solicitors are starting to use methods to advise both the husband and wife and negotiate a settlement jointly where there are no conflict-of-interest issues.

To learn more about divorce’s changing landscape, speak to family solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

The benefits of having a will

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The intestacy rules

If you die without a will, your estate is distributed under the intestacy rules. However, the rules may not distribute your estate as you hoped.

The rules of intestacy depend on your family tree and whether you have any surviving family members at the time of your death. Having a will in place ensures that you make provisions for your preferred friends and family members. They also allow you to cater for unforeseen circumstances, including the possibility that a beneficiary may die before you.

Your family and financial circumstances may change as time goes by, and you should always keep your will under review. Many families are now complex and often referred to as “blended”. The intestacy rules can cause real problems for such families. For example, the death of one partner can create serious financial problems for the surviving partner, as unmarried partners cannot inherit from one another under the intestacy rules – only under a will.

Life interest trusts

You can create a life interest trust structure through a will, which gives someone the right to receive income or benefit from a property before passing it on to others.

Life interest trusts can protect your assets for your children whilst still making provisions for a new spouse or partner. They also protect against the surviving partner or spouse remarrying, changing their will and redistributing assets elsewhere after your death. Other trust structures are available for vulnerable beneficiaries or those with disabilities.

Guardianship

Parents can choose a suitable guardian for their children through a will, which is preferable to the Courts/social services deciding where and who your children live with if you die without a will.

Age of inheritance

Having no will in place means the default age for children to inherit is 18. If you have a will, you can increase the inheritance age to 21 or 25. Parents with young children often raise the age of inheritance because they do not know whether their children will be financially responsible enough to manage an inheritance at 18.

Executors and trustees

Choosing your executors and trustees through a will is also encouraged. You can appoint a specific person who is both responsible and good at managing finances to take over the administration of your estate after your death. 

Tax

Having specialist legal advice when making a will allows you to distribute your assets tax-efficiently using the various inheritance tax allowances. Inheritance tax may be payable on an estate over the nil rate band threshold (currently £325,000). Gifts to spouses, civil partners, charities and political parties also reduce the value of an estate for inheritance tax purposes, as these are all exempt beneficiaries.

Why use us?

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Should you include your children in mediation?

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Going through divorce or separation is challenging, particularly if you have children. If your children are old enough, they may express worry, concern, or preferences about what they would like to happen. However, should your children become formally involved in the process through a child-inclusive mediation?

What is child-inclusive family mediation?

Child-inclusive mediation allows children to be part of the mediation process in a structured and practical way. Typically, couples use mediation to resolve any issues or disputes that arise throughout divorce or separation. Through child-inclusive mediation, your children can have their say too.

Children often wish to have their voices heard on divorce and separation matters, as it dramatically impacts their everyday lives. For example, they may have opinions about who they would like to live with, how much time they spend with each parent and even how much contact they have with their wider family, such as grandparents. You can choose to listen to your child’s opinions using child-inclusive mediation.

When should you include your child in the process?

It can be very stressful for children to talk about living arrangements and other matters, as they don’t want to disappoint either of their parents. In addition, children often tell each parent what they want to hear rather than what they want, which can cause more conflict.

However, parents can involve their child or children in the mediation process, providing them with a safe space to discuss their feelings and opinions.

A mediator will help your child process their views and form clear opinions about what they would like to happen in the future. Child-inclusive mediation can lead to more child-focused outcomes and help parents understand how to deal with their child’s opinions and emotions.

Will it be stressful for your child?

In most cases, being involved in the mediation process can improve your child’s well-being. For example, children often feel frustrated and left out during the divorce or separation process. Child-inclusive mediation can make them feel like you are genuinely considering their feelings and opinions. However, if your child does not want to be involved in the mediation process, you should not force them.

When is it not appropriate?

In most cases, child-inclusive mediation is unsuitable for children under ten years of age.

If your child is over ten, the mediator may still recommend that your child does not participate if they cannot process their emotions or understand what is happening and how it affects them. If you, as parents or the mediator, feel participation in mediation would be distressing for your child, keeping them out of the mediation process would be best.

Call Pippa Marshall today to find out more about child-inclusive mediation.

To find out more about mediation generally, visit Resolution. Pippa Marshall is a member of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Making your wishes clear

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If you are considering giving Power of Attorney to a loved one, we understand that this may feel overwhelming. There are many considerations, including choosing someone you trust to carry out your wishes and conduct your affairs as you would want. Selecting the right attorney and making your wishes clear to them is an essential part of the Power of Attorney process and can help you move confidently forward with your life.

Addressing your concerns about giving Power of Attorney

Creating a Power of Attorney is essential for planning for the future. Life is unpredictable. At some point, you may need someone to make decisions for you and carry out actions on your behalf should you lose the capacity to do so yourself. A Power of Attorney provides peace of mind, but we understand that you may still be apprehensive. What if your attorney doesn’t know what to do? What if they do not follow your wishes? Concerns about Power of Attorney are typical. However, you can take steps to make the process straightforward for your attorney, providing them with clarity about their role.

Choosing the right person to be your attorney

Most people have an idea about who they wish to be their attorney. However, it is essential to consider your choice carefully. You should trust the person you choose to follow your wishes and have the common sense to manage your financial affairs and care confidently. You can also appoint more than one attorney. For example, you may have someone in mind who would be better at arranging everyday care and another who is better with financial decisions.

Discussing your wishes

We recommend raising the issue with your family and loved ones before making your Power of Attorney. They can then work with you to choose the best person for the role. In addition, they may raise concerns or issues you had not considered. Discussing the Power of Attorney with your loved ones is also an opportunity to clarify your wishes. You should discuss both financial matters and care matters. Care matters may be where you would like to live, what you eat, or the clothes you want to wear.

Setting out clearly how you would like your affairs managed

To give you additional peace of mind, you can also set out your wishes in a document known as an Advanced Statement. An Advanced Statement allows you to set out clear, written instructions. You may wish to include any wishes, preferences, values and beliefs about your future day-to-day care and medical care.

If you’re thinking about making a power of attorney, contact James today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

How employment law affects your business

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Employment law for businesses is a complex and constantly changing area of law. Employers must frequently bear this in mind when interacting with employees and workers. For example, the laws governing employees’ rights come into play when a company starts to recruit and often survives the employment relationship’s termination.

For instance, an unsuccessful candidate for a role may have the scope to bring a claim against a prospective employer under the Equality Act 2010. Claims occur when the recruitment process conflicts with the rights afforded to individuals under the Equality Act and when an employer violates one of the protected characteristics.

Protected characteristics

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex and sexual orientation

Employment law provides a framework for regulating and potentially enforcing the employment relationship and is available to employers and employees. Unfortunately, keeping abreast of this area of law can be daunting.

Primary sources of employment law in the UK

  1. law derived from case law (cases heard before the Courts and Tribunals);
  2. UK statutes and European law; and
  3. codes of practice also have influence, for example, the ACAS Code of Practice on Discipline and Grievance Procedures.

Businesses should not switch off once they onboard an employee. Instead, they must manage the working relationship. For example, they should consider discipline and performance management, employee data protection and dealing with grievances and sickness and incapacity.

Karen recommends that employers manage the duties they face by regularly reviewing employment contracts, workplace rules and policies and providing regular training for HR and team heads.

Efficient and proactive, RIAA Barker Gillette’s employment team offers pragmatic commercial employment advice underpinned by their extensive legal knowledge and expertise. Contact Karen Cole today.

Pronouns in the workplace

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Should you encourage staff to add pronouns to their email signatures? Do you understand all the different expressions of gender identity? It may not simply be a choice of he/him, she/her, they/them.

Private members’ club, Soho House, offered a choice of 41 pronouns to its members, ranging from the mainstream to the obscure, including eir, ners, pers, thon and xyr. The topic even has a special day: International Pronouns Day on the third Wednesday of October.

While the practice of adding pronouns to emails seems to have started in academic circles, it has now spread widely across the corporate world. Employees may actively choose to give their pronouns. But, staff are also being asked to cite their preference, and many report that this is not just on emails but also within meetings and online profiles, such as LinkedIn.

While enforcing a company-wide policy may be presented as a move toward greater openness and inclusivity. Some would argue that this can act to exclude those with different views and potentially breach equality legislation itself. For example, mandating declared pronouns or creating situations where it’s difficult to avoid their use could be coercive.

Cases

The guide developed by the campaign group Sex Matters on the use of gender pronouns in the work environment reflects the extent to which the topic has become contentious. Maya Forstater launched the group, having won a landmark appeal tribunal over gender self-identification. She had made a discrimination claim after being sacked for saying that trans women are male or ‘honorary female’. She argued that sex is immutable and should not be conflated with gender identity. On appeal, the judge ruled that her comments were protected as a ‘philosophical belief’ within the meaning of the Equality Act 2010. He said that the only types of beliefs excluded from protection were extreme ones “akin to Nazism or totalitarianism”.

The ruling said that Forstater’s “gender-critical beliefs, which were widely shared, and which did not seek to destroy the rights of trans persons, clearly did not fall into that category”.

This landmark case confirmed that the law protects both those holding a gender identity belief and those having a gender-critical belief.

But whether conduct arising from such belief may be discriminatory to trans people is a different question, relying on the facts of each case. Certainly, someone with gender critical beliefs cannot indiscriminately address trans persons in derogatory terms or ignore preferred forms of address, as this is likely to constitute harassment or discrimination.

Dr Mackereth faces this challenge. A declared Christian, Dr Mackereth is appealing a tribunal decision that found that he was not discriminated against on the grounds of religion or belief when his employer dismissed him for refusing to address transgender patients by their chosen pronoun.

Dr Mackereth relies on a theological argument and claims that most Christians share his belief. However, an essential difference between the Forstater and Mackereth cases is that the doctor argues that his beliefs entitled him to misgender transgender individuals. In contrast, Ms Forstater expressed her beliefs but used preferred pronouns.

Conclusion

These cases demonstrate just some of the difficulties employers face in looking to create a culture that is inclusive. They emphasise the importance of appropriate policies and keeping up to date with this fast-moving area of employment law.

For guidance and advice on pronouns in the workplace, contact employment lawyer Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Do I need planning permission to make changes to my garden?

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In this article, we look at different garden projects and whether you might need planning permission before proceeding.

What is Permitted Development?

The law allows you to carry out certain types of home and garden work under Permitted Development. This means that you will not be required to obtain planning permission. However, Permitted Development has rigorous requirements for each type of development. These include height, size, whether there are neighbouring properties and whether you are near a main road.

Do I need planning permission to put up a wall or fence?

Under Permitted Development, you can build, improve, maintain or alter a fence, wall or other enclosure. However, the work must remain within the below limitations:

  • the height of the wall or fence must not exceed 1 metre if it is adjacent to a highway;
  • the height of any other wall, fence, gate or other enclosure must not exceed two metres;
  • you cannot carry out such work under Permitted Development if you live in a listed building.

Do I need planning permission to build a shed, summerhouse, or garden office?

If you want to add a shed for storage, a garden office, or a summer house, you may be able to do so under Permitted Development. However, the total area of outbuildings must not exceed 50% of the total area of your garden space, i.e. ‘curtilage’. The 50% includes any extension your home may have but does not include areas covered by the main building.

If, however, you live within a conservation area or an area within the National Parks and Broads, you should check the requirements with your Local Authority.

If you live on an estate, you need to consider if there are any restrictions imposed by the Management Company or within the original title documents which require consent together with any relevant fee. For example, there may be restrictions regarding what you can add, where and any size constraints.

Suppose you want to put up small detached buildings such as a garden shed, summerhouse or office in your garden. In that case, building regulations will not usually apply if the floor area of the building is less than 15 square metres and contains no sleeping accommodation.

Do I need planning permission for decking?

You do not need planning permission for garden decking so long as you meet specific criteria. The main concern for many is that the decking platforms cannot be more than 30cm from the ground.

Do I need planning permission for landscaping?

Generally, garden design, such as returfing a lawn area, adding garden paving, or creating flower beds, will not require planning permission.

We set the rules for walls, fences and other enclosures out above. You should, however, be mindful of pruning trees. Certain trees are protected under Tree Preservation Orders, so you may wish to check with your Local Council before cutting down or significantly pruning a tree.

Contact us for more information today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

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What they say...

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

  • Client, March 2026
    Great Service “Contacted RIAA to update my will and other things. Charlotte and James provided an efficient, friendly service, and the process was dealt with quickly. Much appreciated.”

  • Client, March 2026
    Expert knowledge and support “Pippa was invaluable in her insight, knowledge, and support. Through what is a very difficult time, she gave me hope that there is something to be done. Very solutions-oriented!”

  • Eve, March 2026
    Professional, compassionate and seamless legal support “I would like to express my sincere gratitude to Charlotte, Solicitor at RIAA Barker Gillette (UK) LLP, for the outstanding support she provided to my father during the creation of his will

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

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