From April 2016 onwards, those purchasing a second home as an investment property or holiday home have been liable for a higher rate of SDLT at 3%. In the recent Tribunal case of P N Bewley v Her Majesty’s Revenue and Customs (HMRC) 2019 UK FTT 65, however, Mr and Mrs Bewley were exempted from the higher rate because the property was not habitable at the point of completion.

Baking a difference

In the average time it takes to bake a batch of cakes, six people in the UK will develop dementia. It is now the leading cause of death in England and Wales, overtaking both cancer and heart disease.

Cupcake Day helps to fund pioneering research, crucial support services and vital care. Cupcake Day has raised £2.7 million since 2016 enabling the Alzheimer’s Society to continue to help anyone affected by dementia – wherever they are, whatever they’re going through.

Happy first anniversary to our Alton office

Today marks exactly a year since the grand opening of our premises at 11 High Street, Alton.

We have been in Alton serving the legal needs of the local community since 2010. Over these 9 years our refreshingly friendly approach has attracted many new clients. Our move to central premises at the top of the town in April 2018 has further increased local awareness of who we are and what we do, and we have seen a big increase in the number of walk-in enquiries since the move.

Anyone passing our office in Alton High Street recently may have noticed the smartly dressed rabbit sitting in our window over the Easter holidays. The giant cuddly toy was the star attraction in our ‘name the bunny’ competition which was open to all and free to enter.

Earlier this month (October 2018) investigators began a full scale enquiry into a fake invoice scam that led a Merseyside NHS trust to pay out nearly one million pounds against bogus invoices leaving the trust a victim of invoice fraud.

Invoice fraud is becoming a particularly common category of fraud in which the fraudster impersonates a supplier thereby deceiving a customer into making payment against phoney invoices. Funds are then innocently transferred by the deceived customer into a fraudulent third party account. Criminals may hack either party’s email account and intercept correspondence thereby gaining valuable details concerning the relationship between the supplier and the customer and so both parties need to be critically aware of the risk of invoice fraud.  Generally, sadly even if payment has been made in good faith, it does not release the customer from his contractual liability to make payment.

In J Brazil Road Contractors v Belectric Solar Ltd [2018] [case number C1EQ331C2] the contractor’s BT email account had been hacked and payment had been made by the customer into the fraudulent account. The court found that although both the customer and the contractor were innocent victims of the scam, the customer was still liable to pay the contractor.

However in G Smith (t/a Devine Improvements) v K Lugg [2018] [case number D1QZ136Q]
JC Solicitors successfully defended a case involving invoice fraud. Here the contractor issued an invoice to the customer by email requesting the customer make contact to ascertain payment methods. The innocent customer made contact by return of email whereupon the email was intercepted and fraudulent bank details were given for payment.

All correspondence between the parties had been made by email and the contractor continued to use the same email address even after the fraudulent activity had been unearthed. It is a necessary precursor that any email account which has been spoofed should cease to be operated. The fraud was not discovered until several days following payment and recovery of the monies was then thwarted; the monies having already been removed from the recipient fraudulent account. The court ordered the beneficiary bank to disclose information about the holder of the account to allow an attempt to trace the funds.

Golden rules to protect yourself:

Always check carefully payment details before making any payment. Consider telephoning the supplier/contractor to check payment details by telephone. Make a note of the name of the person you have spoken to together with the time and date upon which you call.

Scrutinise invoices. Once you have made payment inform the supplier/contractor that you have done so and ask for confirmation of receipt. If you have been the victim of a scam immediately contact your bank and the beneficiary bank to attempt to prevent dispersal of the funds.

Contact the police to report the fraud. If the amount of money involved is significant seek immediate legal advice about whether a freezing injunction could be obtained which will freeze the account into which the monies have been paid to prevent dissipation of the funds.

Consider whether you have an insurance policy which may cover the situation.

Jacqui de Silva

With offices in Alton since 2010, JC Solicitors have been providing a fresh approach to legal services in the area for the last 8 years. We are delighted to now be moving to new premises in the centre of town.