Land Scam Firms Closed Down

Stone wallA scam which traded on the greed of the gullible has been closed down by the the Financial Services Authority (FSA) after nearly £4 million was ‘invested’ by people seeking returns promised to be between 200-300 per cent.

 
The ostensible investments were small plots of land that it was claimed would be sold at tremendous profits. Normally these were presented as being potential ‘ransom strips’, areas of land which would have to be acquired for large property developments to go ahead.
 
These were never likely to achieve the values claimed. Indeed, one site being marketed is in a designated area of outstanding natural beauty, making planning permission for development a near impossibility.
 
After making a series of injunctions against so-called ‘landbank’ companies, the FSA has started to issue winding-up proceedings against them
 
However, because the businesses were unauthorised investment schemes, investors are not covered by the Financial Services Compensation Scheme and are unlikely to get their money back. An FSA spokesman commented that ‘by the time we can catch up with the operators, most of the money has disappeared and investors are left with land that has a value which simply does not reflect the money paid for it’.
 
If an investment opportunity seems too good to be true, it is normally because it is not true.
 
 
 
A scam which traded on the greed of the gullible has been closed down by the the Financial Services Authority (FSA) after nearly £4 million was ‘invested’ by people seeking returns promised to be between 200-300 per cent.
 
The ostensible investments were small plots of land that it was claimed would be sold at tremendous profits. Normally these were presented as being potential ‘ransom strips’, areas of land which would have to be acquired for large property developments to go ahead.
 
These were never likely to achieve the values claimed. Indeed, one site being marketed is in a designated area of outstanding natural beauty, making planning permission for development a near impossibility.
 
After making a series of injunctions against so-called ‘landbank’ companies, the FSA has started to issue winding-up proceedings
Trading Estate form the Air
against them
 
However, because the businesses were unauthorised investment schemes, investors are not covered by the Financial Services Compensation Scheme and are unlikely to get their money back. An FSA spokesman commented that ‘by the time we can catch up with the operators, most of the money has disappeared and investors are left with land that has a value which simply does not reflect the money paid for it’.
 
If an investment opportunity seems too good to be true, it is normally because it is not true.

Selling Land Using an Attorney

Moorland2There are several possible instances – such as absence abroad – when land is to be sold and an attorney has to be appointed to undertake the transaction in the place of the beneficial owners.

 
The Land Registry allows this to be done but has quite specific requirements which govern when it will and when it will not accept a power of attorney.
 
The main requirements are that:
 
  • the power of attorney must validly executed as a deed;
  • the power of attorney must be in force at the date of the document in question; and
  • the power of attorney must give the attorney the power to undertake the transaction.
 
The original or a validated copy of the power of attorney must be supplied to the Land Registry. Alternatively, a specific form (‘Form 1’) can be submitted and signed by the conveyancer that confirms that the conveyancer holds the original or a copy of the power of attorney and that it satisfies the above requirements.
 
Where the power of attorney is more than 12 months old, the purchaser of a property can request evidence that it has not been revoked.
 
 
For more information see http://www.landreg.gov.uk/upload/documents/lrpg009.pdf

DNA and Fingerprint Retention Unlawful

FingerprintFollowing a Supreme Court ruling, moves are afoot to change the guidelines operated by the police for the retention of fingerprints and DNA samples.

 
Under the Police and Criminal Evidence Act 1984, the police were obliged to destroy such data taken from a person who was cleared with regard to an offence.
 
Following a change in the law in 2001, the Association of Chief Police Officers (ACPO) had issued guidelines to police forces in England and Wales stating that data should be destroyed ‘only in exceptional cases’.
 
However, the Court ruled that the guidelines were unlawful because they did not comply with European human rights law.
 
New guidance will have to be issued to Police Forces and the Government proposes to initiate new laws regarding the retention of DNA samples and fingerprints similar to those used in Scotland, which only allow the retention of samples for a limited period and with regard to a  certain types of crime.

Torex Three Face Trial

Three former directors of software company Torex will face criminal charges brought by the Serious Fraud Office. The company’s former chairman, accountant and legal director will have to answer to charges of conspiracy to defraud.
 
In January, two other former directors of the company were convicted of the same offence after the company had reported more than £1.6 million in fictitious profits in the company’s accounts for 2005 and 2006. The two were jailed in February, disqualified from acting as company directors and ordered to make contributions to the costs of their prosecutions.
 
The fraud came to light when the (then) chief executive discovered it and acted as ‘whistle blower’.
 

Claim on Wrong Basis Prevents Compensation for Loss

When a business sues for damages because of breach of contract, the damages are based on the loss of profits for the claimant that have resulted from the breach.

However, what is the position when, instead of claiming for loss of profits, the claimant seeks damages for the loss of value to the company that resulted from the breach?
 
A recent High Court case had to consider this point specifically. It involved a franchise agreement, which was terminated by the franchisor in breach of the franchisee’s contract.
The franchisee claimed damages on the basis that the loss of the franchise had reduced the value of the company. The claim compared the hypothetical value of the company at the point immediately before the franchise was terminated with the value of the company if it ceased doing business.
 
Mr Justice Flaux was unimpressed with the claim. He pointed out that the company was continuing to trade and that the claim was based on ‘a hypothesis upon a hypothesis’.
 
Because the claim was based on a loss in valuation argument, not on the basis of the loss of profits, there was no valid claim. Had the claim been for loss of profits, once the breach of contract was proved, the argument would only have been about the quantum of the loss. Alternatively, had the breach of contract caused the failure of the business, then a claim for the loss of value of the business would have been  appropriate.
 
The case was lost simply because the wrong case was brought.

Government Consults on Further Changes to Employment Law

As part of its comprehensive review of employment law, the Government has launched a consultation on plans to introduce a new system of flexible parental leave from 2015.

 
Under the proposals, mothers would be entitled to 18 weeks’ maternity leave and pay, taken in one continuous block, around the time of their child’s birth. Once the early weeks of maternity and paternity leave have ended, parents would be able to share 30 weeks of additional parental leave, of which 17 weeks would be paid. Unlike the current system, this leave could be divided into blocks between the parents, with both parents able to take leave at the same time should they wish. Employers would have the ability to ensure that the leave is taken in one continuous period if agreement cannot be reached. They would also be able to ask staff to return for short periods to meet peaks in demand or to require that leave be taken in one continuous block, depending on business needs. In addition, there would be four weeks of parental leave and pay available to each parent, to be taken in the child’s first year, and the father’s current right to take 2 weeks’ paid paternity leave around the time of the baby’s birth would be retained.
 
Business Secretary Vince Cable said, “These measures are fairer for fathers and maintain the existing entitlements for mothers – but crucially give parents much greater choice over how to balance their work and family commitments.”
 
Flexible Working
The consultation also proposes extending the right to request flexible working to all workers who have been with their employer for 26 weeks. To achieve this, the system for considering flexible working requests would be made more adaptable, with the statutory process replaced with a new duty on employers simply to consider requests ‘reasonably’. A statutory Code of Practice would be published, setting out best practice on the benefits and adoption of flexible working, including guidance on what is a ‘reasonable’ process for handling requests. It is proposed that employers should be allowed to take into account employees’ individual circumstances when considering conflicting requests. There are no plans to alter the current 8 business reasons for a business to turn down a request.
 
Equal Pay
It is proposed that where an Employment Tribunal finds that an employer has discriminated on the ground of gender in relation to pay, it will have the power to order the employer to conduct a pay audit and publish the results.
 
The Working Time Regulations
Amendments to the Working Time Regulations 1998 (WTR) are also planned, including a tidying up exercise, to bring the WTR into line with recent judgments in the European Courts, so that annual leave entitlements can be rescheduled, and carried over to the next leave year, when a worker falls ill during planned annual leave. The proposal is to limit this to the four weeks’ minimum annual leave entitlement under the EC Working Time Directive.
 
The consultation document can be found here. The consultation closes on 8 August 2011.

IHT – Prepare to Have Valuations Queried

Alms HousesThe potential for reducing Inheritance Tax (IHT) bills by placing ‘soft’ valuations on assets is all too clear and has led HM Revenue and Customs to undertaking almost 10,000 investigations into IHT returns in 2010. This represents an ‘investigation rate’ of approximately 1 per 50 deaths. However, since more than 95 per cent of estates are not subject to IHT (either because they are within the nil rate band or the estate passes to a spouse or civil partner), the likelihood of a valuation being challenged where IHT is, or could be, at stake is considerable.

 
It is important to ensure that valuations of assets on death are carried out properly and professionally and can be substantiated. If your estate is likely to be subject to IHT, we can assist you to ensure that to the fullest extent, it ends up in the hands of your family, not the Exchequer.
 
 
From  Hacker Young – reported in Accountancy Age, 7 June 2011. Statistics from HMRC and the Office for National Statistics.
 

Firms Fined for Illegal Workers

A blitz by the UK Border Agency (UKBA) has led to fifteen South West businesses being fined more than £100,000 when 28 illegal workers were found.
The fines followed 114 raids in Devon and Cornwall made by UKBA in 2010, which uncovered more than 100 offenders. Fines totalling more than £750,000 were levied.
 
259 illegal workers were deported from Devon and Cornwall in 2010.
 The scale of the fines being levied following prosecutions initiated by UKBA should sound a strong warning note for employers who may be tempted to ignore immigration laws when offering employment.
 
For advice on your obligations as an employer of foreign nationals, contact us.

Reduction in Environmental Red Tape Promised

The Government has announced its intention to reduce the red tape connected with obtaining planning consents, and in particular with regard to environmental issues.
 
The plans include:
Digger
  • simplifying the environmental permitting system;
  • allowing developers to apply for one consent rather than several; and
  • making theapplication process for low-impact environmental consents less onerous.
In addition a protocol to assist the Environment Agency, Local Authorities and developers in working together will be created with the aim of cutting out ‘duplication and confusion.’
 
For more information, see the Department for Business, Innovation and Skills website.

Meeting Long-Term Care Costs

HallOne of the often forgotten issues in retirement planning is the possibility of having to fund long-term care at some future time. Such care is means-tested and most care home residents of means will pay in full for their care. With an ageing population and severe pressure on government finances, this situation is only likely to get worse.


At present, a resident in a council care home must use their own capital to pay for their care until the capital is reduced to £23,000. After that, a contribution is made on a reducing scale until the resident’s capital is reduced to £14,000. This is done by the local council assessing each additional £250 of capital as producing an income of £1 per week. When the capital is reduced to £14,000, no further contribution is necessary.

The value of a house is not taken into account as capital for the first 12 weeks of residential care and is not taken into account at all if your spouse or civil partner continues to live there.