Legal advice covering 12 days of Christmas, from Newark based Larken & Co solicitor Lesley Purveur

As the calendar enters December and we can start to enjoy the festivities, Larken & Co’s legal teams share 12 seasonal suggestions and offer Christmas counsel, sprinkled with some fun facts to see you through the season. Writes Lesley Purveur, of Larken & Co, Newark.

On the first day of Christmas…. Partridges, geese and swans

An old law dating back to 1831 makes it an offence to kill game on Christmas Day — plan ahead and have your partridge ready for roasting before the big day. Remember that under the Wildlife and Countryside Act 1981 it is an offence to disturb wild birds while near their nests, and that swans are one of the protected species.

On the second day of Christmas… Marriage proposals

For anyone planning a Christmas engagement, you may want to think about having a prenuptial agreement drawn up. This is a delicate topic but with proper guidance and advice can be addressed sensitively.

On the third day of Christmas… Buying and selling your home Part 1

December can be one of the busiest times of the year for residential property transactions. To help keep your transaction moving, be prompt with communication, instruct your solicitor early, be patient, and know your conveyancing team’s last completion date.

On the fourth day of Christmas… Buying and selling your home Part 2

The new year can be a better time to put your house on the market and look for a new home. Use the time off over the festive break to spruce up your home ready for selling.

With the start of a new year and resolutions, January can focus the mind on getting things done — start property research and make lists of new home requirements.

On the fifth day of Christmas… Christmas parties

Everyone loves a good Christmas party and office parties can be a great way to team build and boost morale. They can also pose risks of potential employment claims. Adequate rules, guidance and policies should be in place to act as a means of communicating to employees what is and what is not acceptable behaviour.

On the sixth day of Christmas…social media

Be careful what you do and say online — funny pictures, abusive messages and rude gestures can be damaging and infringe the rights of employees and employers.

These are difficult to erase once posted and can lead to serious employment issues.

On the seventh day of Christmas… Estate and life planning

Use this time to consider making a will, or to review/ update it if you already have one. Also consider making a Lasting Power of Attorney.

This can provide you with peace of mind that someone you trust will be able to take important decisions on your behalf if you become unable to do so.

Ensuring your affairs are in order can provide comfort and help reduce the stress for loved ones.

On the eighth day of Christmas… Commercial leases

The Christmas period is typically a prime selling season for retailers. It is important for property owners and occupiers to be aware of lease obligations when organising seasonal trading activities to ensure that health and safety matters are accounted for, to know who is responsible for what, any restrictions in place, and whether the landlord’s consent is required under lease terms for any special seasonal signage.

On the ninth day of Christmas… Shopping

Keep safe from online scams — always stay vigilant and be careful on what links you click on, and who you provide personal details to.

Know your consumer rights so far as exchanging or returning gifts are concerned.

Most retailers are happy to exchange, but they are under no obligation to do so. Be aware of terms and conditions. Where an item is damaged, faulty or not fit for purpose, refunds should be given.

On the tenth day of Christmas… Debt

Christmas shopping should not come at the expense of your mental health or financial security.

The cost-of-living crisis has added extra pressure on budgets so curb any excess holiday spend to avoid a debt hangover in the new year.

If you are a supplier or business who is owed money from the Christmas period and are struggling to get paid, make early contact with your customer to try to agree a plan. Act quickly as the more time that passes, the harder it may be to recover what is owed.

On the eleventh day of Christmas… Separated families

For newly-separated or divorced families, Christmas can bring challenges.

When it comes to managing arrangements post-separation, communication is key. Plan ahead for child contact arrangements to reduce conflict. Prioritise the children’s needs –— Christmas is a time for children to create lasting, happy memories. Keep them at the heart of all decisions and be prepared to adapt plans if necessary.

If you have a disagreement that can’t be resolved, professional advice may help find an amicable solution.

On the twelfth day of Christmas… Mince pies!

Although illegal to so do in 1644, when Christmas was defined as a day of fasting and celebrations and gluttony banned, there is nothing to prevent you from indulging in as many as you like on Christmas Day — indeed many would say it is now compulsory to do so!

Larken & Co wish everyone a merry Christmas and a happy and prosperous new year.