In this years Autumn Statement chancellor George Osborne announced that buy-to-let landlords and people buying second homes from April 2016 in England and Wales will have to pay a 3% surcharge on each stamp duty band.

Mr Osborne said the new surcharge would raise an extra £1bn for the Treasury by 2021.

The SDLT surcharge means that for properties worth between £125,000 and £250,000, where the Stamp Duty Land Tax is normally 2%, buy-to-let landlords will pay 5%.

Buy-to-let landlords will also be hit by a change to Capital Gains Tax rules.

From April 2019, landlords will have to pay any CGT due within 30 days of selling a property, rather than waiting till the end of the tax year, as at present.

Phill Coburn comments

At a time when many people are struggling to purchase properties this will more likely than not mean less properties being available to let. Unless the Government can persuade mortgage companies to revert to 100% mortgages for all then the increase in Stamp Duty could be self defeating if local authorities are faced with more and more homeless persons.
Coupled with higher rate tax relief on Buy to Let mortgage interest, and wear and tear allowance, being phased out one has to wonder whether there will remain any attraction for investors and savers to step in to, or remain in, the Buy to Let market.

To discuss how the changes in SDLT are likely to affect you or to find out more about our fixed fee conveyancing service, contact us on 0151 639 8273.

Our office will be closing at 5pm on Wednesday, 23rd December 2015 and will re-open at 9am on Monday, 4th January 2016.

Emergency contact numbers

In cases of an emergency only you can contact us on 07590 061 589 or 07958 811 232.

Reuters.com reported today that Volkswagen cut 1 billion euros ($1.1 billion) from its investment plan for next year on Friday, as the German carmaker braces for a multi-billion-euro hit from its emissions cheating scandal.

Volkswagen (VW) is battling the biggest business crisis in its 78-year history after admitting in September that it cheated U.S. diesel emissions tests. It said earlier this month it had also overstated fuel consumption in some vehicles.

Analysts have said the scandal could cost the company 40 billion euros or more in fines, lawsuits and vehicle refits.

Whilst in the US it has been reported that “a dealer familiar with Volkswagen’s plans says the automaker intends to offer $1,000 in gift cards and vouchers to owners of smaller diesel cars.

The offers would be a gesture of goodwill to owners with 2-liter four-cylinder diesel engines that have been implicated in an emissions cheating scandal. The offers could be announced Monday.

The dealer says owners would get a $500 Visa debit card to spend on anything they wish and a $500 voucher for oil changes, service or merchandise from dealers. The dealer didn’t want to be identified because details of the program haven’t been announced.

VW has admitted that about 482,000 diesels from the 2009 to 2015 model years have software that turns on pollution controls during government tests and shuts them off on the road”.

In Canberra Australia more than 10,000 Australians have signed onto the Country’s second class-action suit against Volkswagen AG

In the UK no further comment has been made by VW and there are no reports of any offers to those affected.

We will keep you updated as news is released.

If you want to claim fill in our initial questionnaire.

The Guardian has today reported the Volkswagen diesel emissions scandal has deepened after US authorities accused the carmaker of installing defeat devices into luxury sports card including Porsches.

We have approximately 300 people registered with us to make claims against Volkswagen. If you think that you may be affected by the latest events in this on-going scandal please contact us either by calling 0800 0190324 or by filling in our initial questionnaire.

What’s your VW worth now?

1.5 million cars in the UK potentially affected Including: Audi, Passat, Skoda, Seat!

Register your claim NOW!

6.5 Million set aside by motor industry to cover cost of fines, recalls, compensation claims and legal costs.

If you purchased the vehicle, from 2008 onwards, then you may be entitled to a full refund under the Miss-selling rules because of its alleged low emissions as well as a possible claim for loss in market value of the vehicle, extra fuel charges, and potential car tax implications!

Nik Ellis MD of Laird Assessors, National Engineers and Automotive Experts, has said “A vehicle bought for its green credentials is suddenly not the environmentally responsible care we once thought. There are also tax implications; lower emission vehicle, meaning many VW’s could see significant hike in their tax band…should the emissions scandal spread to the UK’s Volkswagen…then we are likely to see a diminution of the value of the affected models” and this would be at the very least.

It has been reported in the press that “…drivers are paying an average of £350 more a year than they would if the car had the declared fuel efficiency. The advertised number of miles to the gallon is not a true reflection nor is their actual performance on the road. In other developments:

• Switzerland has banned the sale of affected vehicles made by VW – and calls have followed for Britain to follow suit;
• Worried British car buyers are cancelling orders – while industry experts say consumers can now ‘name their price’ for VW cars;

Those affected are thought to be:

• Eco and Blue motion vehicles built post 2008

If you have one of the above vehicles then get in touch with us now on 0800 0190324

Today we sent our client a cheque for £5,600.00 after settling a claim for Personal Injury where liability was in dispute despite CCTV footage of the accident clearly showing the Defendant to be at fault.

The Defendant and his insurers (Direct Line) continued to dispute liability and wanted our client to accept 50% responsibility for the accident. Without legal representation our client said she may have felt pressured into accepting 50% responsibility just to end the matter.

But with our support and reassurance, she instructed us to issue Court Proceedings which resulted in the Defendants Solicitors accepting our offer to settle the claim and they took 100% responsibility.

The Law Society has been running a campaign for over 12 months now highlighting the importance of people using Solicitors.

Statistically Claimants receive on average 50% lower compensation when dealing with insurers direct. Claims can be not only under settled but settled too early, leaving Claimants with ongoing injuries and no recourse against the insurers in the future.

Don’t sign your compensation away with an insurer – get legal advice #goodhonestlaw #injurylawyerBW

On Friday the 11th Sept, I had the pleasure of attending AIM’S gala ball at the Crowne Plaza, Liverpool. The event was black tie. I had invited guests and had a full table of 10, and everyone looked wonderful. We were greeted with a glass of champagne and had an opera singer entertain whilst we all rubbed shoulders with other guests. It was great to catch up with other friend’s and business colleagues.

We were shown through to the ball room, wonderfully decorated and lit, the place was packed and you could sense that all were ready for a great night.

It was lovely to hear from Steve and Andy welcoming everyone and explaining to those new to AIM what they did and how they help others.

After a tasty 3 course meal and lots of wine…and beer, the night began with 2 comedians.

For no reason but that the compare and comedian Lee Roberts live there, Huddersfield got a bashing, as did anyone who dared to walk into the room or catch the comedians gaze. One of the comedians Jackie Hagan, herself and amputee, made the whole room scream with laughter at some of her own amputation jokes. Her leg puppet faces are imprinted in my brain, I will never look at Harry Potter in the same way again. I am sure all present felt as I did that her strength to turn what some would feel a life changing tragedy in losing a limb into a positive as she has done. She finished off by raising a glass of wine, (poured into her prosthetic lower leg) and drinking to the future of AIM to all cheering and applauding.

The night was to have fun, catch up with friends and make new ones, but also to raise money to help AIM continue the great work they do. Raffles and auctions raised £6,000 with holiday breaks in the Lakes, glamping breaks, disabled holiday vouchers, Chester zoo memberships, shark dives, Harrods Champagne, IPAD mini, spa treatments, home aquariums, signed Frank Bruno boxing gloves, signed football shirts and footballs, hairdressing and beauty (of course won by the bald man). I myself bid and won a room mural from Murals by Ryall design, I have not yet told my wife but I am looking forward to waking up to Kim Kardiashan on my ceiling every morning.

I am so pleased to have been invited and to continue to support this great bunch of people. I look forward to the next party but not the Saturday hangover.

Thank you AIM for a fantastic evening and please do keep me involved with any future events, it really is a pleasure to help and support you guys with the work that you do.

Today I’m taking time from my more specific work with two wheels to consider something possibly more relatable to the majority of the public, though absolutely relevant to two wheeled road users too! The condition of the road, highways, and pavements.

Though as road users I’d argue we’ve all had to take evasive action to miss a pothole, grid, or substance on or/in the carriageway, as a pedestrian, cyclist or a motorcyclist sometimes it’s simply hidden from us or it’s a choice between the better of two evils.

I recently had the opportunity to help a gentleman cyclist whose front wheel had become caught in a pothole on a very busy road causing him to be thrown from his bike. On the road in question given the speed and volume of traffic, the rider was unable to simply swerve around it for fear of being run over by other traffic. Instead he suffered a nasty fracture which caused him to take quite a bit of time off work, for which he wasn’t paid until liability was determined.

Now in the case of cyclists and pedestrians, I can hear cries of Road Tax and the like but let’s be quite honest about this, ‘Road Tax’ doesn’t exist anymore, and hasn’t done since 1937! Its replacement ‘Vehicle Excise Duty’ is based upon the emissions of the vehicle and is in fact payable to the General Treasury Fund in any event – in reality it is a tax on pollution. Of course in the vast majority of cases, pedestrians and cyclists will in fact pay towards another form of motorised transport.

In another successful case, my client was crossing a road between a car park and a row of shops when their foot became caught in a rutted groove in the middle of the road. When we obtained measurements the groove was approximately 3 inches deep and 5 foot in length!? What would in anybody’s mind appear to be a busy main road was in fact more like a country lane!

Now it’s easy to suggest that people need to take more care and attention, certainly there are some cases where the judiciary have been keen to comment upon this and rightly so, but this in itself is not a defence, nor an excuse to turn a walk to the shops into an obstacle course.

In certain cases the hazard simply isn’t known about until it’s too late. As a pedestrian this is often the case where paving flags are unsteady or uneven, and as a road user diesel is a prime example. But of course sometimes there just in an alternative route.

But what is reasonable under the circumstances?

Well, I’d say that depends on the location and the environment at the time. In a busy urban environment with lots of traffic which can be dangerous in itself, more care is obviously required but it’s wrong to say that all of these incidents are avoidable. How does the brain process so many hazards? We are only human after all.

Congratulations to Michael Ward, Guy Platt-Higgins of Law Costing and the rest of the team for coming second in this years Wirral Headway Dragon Boat Race!

About Headway Dragon Boat Festival

Headway Wirral is a local charity that works to improve life after brain injury.

Through a range of frontline services it provides support, services and information to brain injury survivors, their relatives and carers. They work closely with health and legal professionals and provide guidance on such matters as social services and financial support.

The Government’s impact assessment in respect of their benefits cuts has revealed that the benefits cuts will affect around 330,000 children and will result in affected families being worse off by an estimated £63 per week. A leaked DWP memo suggests that 40,000 more children will plunge below the poverty line as a result of the cuts.

So what does this mean for affected families? Single mothers are going to be the hardest hit group. It is estimated that 100,000 households will be threatened with homelessness and poverty as a result of the cuts. There is a danger when putting parents in such situations that they will take drastic measures to provide for their children and their families. There may be an increase in parental crime in order to make money to support the family. Alternatively there may be an increase in homeless children and families which will place a greater burden on already stretched Local Authority housing departments. Surely the Government is being somewhat short sighted in making these cuts, knowing that families will be faced with homelessness but failing to take account of the knock on effect on other services?

As representatives of parents in care proceedings we often come across parents who have engaged in criminal behaviour for a variety of reasons. Parents may find themselves in care proceedings and risk losing their children if they are incarcerated due to criminal behaviour resulting from the desperation of their situation.

The Government appears to have lost sight of children and their best interests in their desire to save money. The Government is also considering repealing child poverty laws that set binding targets on the Government to reduce child poverty. Is this just another example of how far down the agenda children are slipping for this Government?

We understand that if you are affected by the benefits cuts you won’t be in a position to pay for legal representation. At Burd Ward we are able to offer legal aid so if you will be threatened with homelessness as a result of the benefit cuts or are involved in care proceedings regarding your children please contact us 0151 639 8273 for specialist advice.