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What should you do if you are being accused of fraud?

Palmers Solicitors Business News 18 February 202618 February 2026

If you have been accused of fraud, it can be an extremely stressful and intimidating experience, especially if you believe you have done nothing wrong.

With UK enforcement agencies, such as the Financial Conduct Authority (FCA) and HMRC, increasing their focus on fraud and white-collar crime, individuals and businesses are more likely to find themselves under scrutiny.

Fraud investigations are lengthy and legal support is crucial from the beginning.

Our Criminal Defence expert, Jeremy Sirrell, explains what your rights are and what steps you should take if you are facing an investigation.

What should you do first if you are accused of fraud?

If you become aware that you are being accused of fraud, the most important thing to do is to seek specialist legal advice immediately.

Fraud allegations can often arise from misunderstandings, administrative errors or the actions of others within a business.

However, even seemingly minor issues, such as inaccurate filings or omissions, can trigger serious investigations.

A solicitor can support you with interviews under caution, requests for documentation and communication with investigating agencies.

Do not attempt to explain your position directly to investigators without legal advice, as what you say at an early stage can have long-term implications.

What are you being accused of?

In England, Wales and Northern Ireland, fraud offences are primarily governed by the Fraud Act 2006.

This includes:

Fraud by false representation
Fraud by failing to disclose information
Fraud by abuse of position

These offences can be heard either in the Magistrates’ Court or the Crown Court and carry maximum sentences of up to 10 years in prison, as well as substantial fines.

Investigating agencies will be looking to establish any dishonesty and intent. This may involve analysing financial transactions, reviewing documents, examining electronic evidence, such as emails and messages, and taking witness statements.

In more complex cases, forensic accountants and other experts may be instructed to help investigate.

What are your rights during a fraud investigation?

If you are arrested or invited to attend an interview under caution, you have the right to remain silent and the right to legal representation.

Whether or not you should answer questions is often a difficult decision to make, sometimes it is better to remain silent, on other occasions answers in interview can be a crucial part of any defence.

Advice on which approach is an important part of the advice a solicitor may give and it essential to consider representation in any interview that may be arranged.

You are also entitled to client-solicitor confidentiality and anything you discuss with your solicitor is strictly private.

Being open and honest with your legal team allows them to properly assess your situation and build the strongest possible defence.

Why do you need a criminal solicitor?

Fraud and white-collar crime cases often involve thousands of pages of evidence and complicated legal procedures.

You should seek the help of criminal solicitors who understand how enforcement agencies build their cases and how to protect your interests at every stage.

How can we support you?

Our specialist solicitors have expertise in advising and representing clients facing white collar crimes allegations, including negotiations in Proceeds of Crime Act (POCA) hearings.

We can analyse the allegations and evidence against you and communicate with prosecutors on your behalf.

Due to the potential seriousness of all fraud cases, we would advise you to seek advice at the earliest opportunity to help us provide the best possible representation.

For further support or advice during a fraud accusation, contact our team today.

Social media ban could create new legal grey areas for separated families, solicitor warns

Press Release Press Releases 18 February 2026

Proposals to ban social media access for under-16s risk creating complex practical and legal challenges for families where parents live apart, according to family law experts.

Much of the debate around the potential ban has so far centred on online safety.

However, Karen Bishop, Head of Family Law at Palmers Solicitors, says digital communication has become an established part of how children sustain everyday relationships with a parent they do not live with and warns that restrictions could disrupt those connections.

“Indirect contact through video calls is now routine for a lot of families,” Karen explains.

“It is very common for court orders to provide for regular FaceTime or similar calls each week.

“Older children, teenagers especially, often communicate more informally, using messaging apps, gaming platforms and social media day to day to maintain relationships with a parent.

“Restrictions that limit access to those platforms could therefore affect the more informal interactions that help relationships feel natural rather than managed.”

The issue becomes more prominent where distance is a factor. Families living in different parts of the country or in different jurisdictions often rely heavily on digital communication to bridge the gap between in-person visits.

“If parents live far apart, being able to contact becomes much more important,” Karen says. “Limiting it is likely to hinder those relationships to some extent.”

The concern over contact is not limited to just a parent-child relationship, either. Children dealing with separation often rely on extended family members, friends and peers for emotional support.

“Children dealing with their parents’ separation need support,” Karen says. “A social media ban could restrict access to that support and I would question whether that serves a child’s best interests.”

Karen also believes new rules could open the door to fresh disputes between parents.

Differences in parenting style already sit behind many disagreements and restrictions could create further scope for conflict, particularly if parents interpret the rules differently.

“You could have one parent trying to enforce a ban while the other takes the view that it does not need to be policed so strictly,” Karen says.

“It becomes a question of what counts as a breach and what does not.”

In a legal system already dealing with high levels of conflict, Karen expects the issue could generate further applications if disagreements cannot be resolved.

She also highlights potential implications for the right to family life and for children’s privacy, particularly as they grow older and seek greater independence.

“Restrictions on communication through social media are likely to affect a child’s sense of privacy and expression, which becomes more important as they mature.”

She cautions against a blanket-ban approach, noting that children of the same age can have very different levels of understanding and maturity.

“One child of a certain age may be very different from another,” Karen says. “A single age threshold may not reflect those differences, so I do not believe a decision over social media access for children is something that can be determined by age alone.”

Instead, Karen believes education and supervision offer a more workable path.

“Courts tend to favour child-focused solutions,” she says. “Measures such as clearer guidance on online behaviour, parental controls and agreed time limits could address safety concerns without removing access entirely.”

The reality of how courts handle technology disputes also adds complexity.

Provisions about device use already appear in the details of some contact arrangements, particularly where one parent has previously restricted access during contact.

Even then, enforcement can be difficult because expectations vary widely between households.

“It often comes down to personal parenting choices,” she says. “What happens in one home may not be the same in another.

“Any new framework would need to set basic expectations while allowing flexibility, otherwise families may find themselves returning to court to resolve disputes about interpretation or alleged breaches.”

Families returning to court to resolve these disputes could further strain a system already facing delays.

Alongside those challenges, Karen raises a less-discussed issue regarding the use of video calls in high-conflict cases.

While widely used, they can sometimes feel intrusive, particularly where tensions remain high or there has been past abuse, as they allow a parent to see into the other household’s private space.

“That can be triggering in some situations and it further demonstrates the need for a thoughtful approach to contact arrangements.”

For Karen, the debate over a social media ban highlights the difficulty of regulating modern family life through broad rules. The way children communicate continues to change, often faster than policy or law can keep pace.

“Social media use is a complex grey area,” Karen says. “Whatever solution the Government decide on to protect children from the dangers of these platforms should not be decided without recognising how families actually maintain relationships.”

What should you do if a dispute arises with your franchisor?

Palmers Solicitors Business News 20 January 202611 February 2026

Franchising can be an effective way to run a business with the backing of an established brand, but disputes between franchisors and franchisees are not uncommon.

Franchise disagreements can be costly and time-consuming, and you may start to question if it is possible to recover your losses or even exit the franchise agreement.

Our Senior Associate, Gareth Brazier, explains what your legal rights are when a franchise relationship breaks down and how to reach a practical solution.

What are the common causes of a franchise dispute?

A franchise agreement sets out the terms and conditions of the relationship between the franchisor and franchisee.

This can include a franchisee’s rights to use the franchisor’s contract brand, business model, systems and trademarks to sell products or services.

It details all aspects of the franchise agreement, including initial training, ongoing support, royalties, territory rights, duration of the relationship and termination clauses.

The most common causes of a franchise dispute are due to misleading information, failure to meet performance expectations and disputes over territorial rights.

Other common causes include:

Breach of contract – Where one party fails to comply with the terms set out in the franchise agreement
Misrepresentation – This can include where a franchisee has relied on inaccurate or overstated claims about profits or turnover
Intellectual Property (IP) disputes – These issues can arise where a franchisee uses the franchisor’s brand name or logo outside the permissions granted under the agreement
Performance issues – This includes underperformance by the franchise or failure by the franchisor to provide the agreed level of training or support
Territorial encroachment – These disputes are caused when franchisors or other franchisees operate too close to an agreed territory and potentially undermine exclusivity
Termination issues – These can arise when a franchisee seeks to exit the agreement, often involving the enforceability of post-termination restrictors or covenants

What are a franchisee’s legal rights in a dispute?

A franchisee’s legal rights should be set out in the franchise agreement and franchisors are required to act in good faith.

Many franchise agreements include dispute resolution clauses that require the parties to attempt to resolve disagreements before starting court proceedings.

Any dispute that arises should begin with negotiation, in which you should try to reach a solution directly with your franchisor.If this does not resolve the issue, mediation may be required and an independent third party can help both sides discuss settlement options.

While mediation is not always binding (unless the parties decide upon a binding settlement), it often results in a practical comprise or at least a narrowing of issues in dispute, and can help avoid lengthy legal action.

Arbitration can be helpful if nothing else has previously worked and an arbitrator will consider all the evidence to make a binding decision.

If alternative dispute resolution fails, you may need to make a court claim. A court can award compensation, declare the agreement terminated or grant other legal remedies depending on your claim.

Can you get your money back or exit the agreement?

Recovering money from your franchise agreement can be possible, but refunds or repayment of franchise fees are only more likely when there has been a serious or fundamental breach of contract.

If you are dealing with a serious breach, you may seek to rescind the agreement and be restored to your original financial position.

The chance of exiting a franchise agreement depends on the wording of the contract and the facts of the dispute.

Most franchise agreements are drafted to discourage early termination, and walking away without proper legal advice can lead to claims for damages or enforcement of restrictive covenants.

However, with the right support, we can help you potentially negotiate an agreed exit or settlement that limits financial risks and allows both parties to move on.

How can we help?

Whether you are looking to resolve a franchise dispute or exit from an agreement, we can help you achieve the most practical and cost-effective outcome.

We can review your franchise agreement and any breaches and advise you on the best dispute resolution options.

Our team can help ensure compliance with post-termination obligations such as non-compete clauses and confidentiality requirements.

To learn more about how we can support commercial and business disputes, contact us today.

Looking to split your company into separate entities? What you need to know about a demerger

Palmers Solicitors Business News 20 January 202611 February 2026

When your company is looking to split into two or more separate businesses, you may consider a demerger.

This allows each company to operate independently with its own assets, liabilities, management and strategy.

A demerger can be beneficial for the growth of your company, but you must understand the planning required and tax implications before you proceed.

Our Corporate Finance expert, Matthew Johnson, explains how to successfully plan for a demerger.

What types of demergers are there?

Companies often consider a demerger during periods of change or disagreement or when different parts of the business no longer work well together.

Demergers can be carried out in a tax-efficient way if structured accurately.

If it is not prepared correctly, shareholders may automatically face a tax charge simply because the business has been split.

In the UK, there are three main ways in which a tax-efficient merger can be achieved.

These include:

Statutory demerger – This is often the simplest and most tax-efficient merger where legal and tax conditions are met. However, many companies do not qualify and clearance from HMRC is recommended.
Capital reduction demerger – Where a company reduces its share capital and transfers assets or shares to a new or existing company owned by the same shareholders. This is commonly used ahead of a sale or where shareholders want to separate group companies.
Demerging by liquidation – This involves a solvent liquidation and distribution of assets and may not be favoured due to reputational concerns and the loss of goodwill.

What are the benefits of a demerger?

Businesses often demerge to streamline operations and reduce overheads, particularly where different parts of the business have different strategies.

Demergers are also commonly used to facilitate a sale where a buyer only wants part of a group or company.

They can also help solve shareholder disputes, protect valuable assets, attract new investment or satisfy lender requirements where funding is only available to one part of the business.

When done properly, a demerger can increase the value of a business and allow for more focused growth.

What are the risks of a demerger?

Moving assets and changing ownership during a demerger can result in additional Corporation Tax, Capital Gains Tax or Stamp Duty Tax liabilities.

Other risks include:

The need for shareholder approvals
Third-party consents from banks or landlords
Solvency issues, especially in capital reduction demergers, where directors must confirm the company can still pay its debts

Poor planning can put your demerger at risk of being challenged by creditors or shareholders and early legal support can help you take the necessary steps to remain compliant.

How can you plan a successful demerger?

Successful demergers require early planning and must factor in timing for HMRC clearances.

With the right legal support, we can help review share capital and ensure all your legal documents are completed in the correct order.

We can advise you on the most suitable type of demerger for your company so that your business is in the best position for success.

For more tailored advice on your business demerger, contact our Corporate Finance team today.

Are you looking to transfer equity in your home? What do you need to know

Palmers Solicitors Business News 20 January 202611 February 2026

A transfer of equity is used when you change the ownership of your property or the shares in which it is owned, without the property being sold.

These are commonly used during major life events, such as marriage, separation, inheritance planning and changes in financial arrangements.

Whether you’re adding a new co-owner or removing one, you must understand how an equity transfer works before you make any changes to your home’s ownership.

Our Supervising Department Director, Erin Cronin, investigates.

Why are equity transfers needed for residential properties?

Residential homeowners may choose to transfer equity for many reasons, but one of the most common is due to a relationship breakdown.

Following a divorce or separation, one party may buy out the other’s share or ownership may be adjusted as part of a financial settlement.

Equity transfers are also used when couples marry or enter a civil partnership and wish to add their spouse to the property title.

For parents who have helped their child purchase a property, they may later want to formalise their contribution and protect their investment by transferring equity.

Equity transfers can also be used for inheritance and estate planning, including gifting part of a property to family members.

How do you transfer equity?

When you want to transfer equity, a solicitor will prepare a transfer deed to reflect the change in ownership and ensure it is properly executed.

If the property has a mortgage, the lender’s consent is required and they may want to assess the affordability and risk for any new or remaining owners.

Once these documents are complete, the change must be registered with HM Land and Registry so that the legal title is updated to the new ownership structure.

Depending on the circumstances, Stamp Duty Land Tax (SDLT) may also be payable, particularly where a mortgage is involved.

If the property is not your main residence or you are transferring equity to someone other than a spouse or civil partner, Capital Gains Tax can arise.

What are your rights after equity is transferred?

Transferring equity does not automatically remove your right to live in the property.

Occupation rights can be protected through legal agreements such as a declaration of trust, a cohabitation agreement or a tenancy agreement.

If you give away a share of your home but continue to live there, you may still have practical rights of occupation.

However, your legal control over decisions such as selling or remortgaging the house may be reduced.

Gifting equity can reduce the value of your estate, but continuing to live in the property without paying market rent may mean the gift is still treated as part of your estate.

How can we help?

Equity transfers are not straightforward and they often involve property law, tax considerations, mortgage requirements and estate planning concerns.

When considering transferring equity, you must seek the support of a solicitor so that your transfer is prepared compliantly to avoid any unexpected tax liabilities and protect your rights.

If you are intending to transfer equity and need legal representation or advice, please contact us today.

Why do you need legal advice before setting up a trust that includes your home?

Palmers Solicitors Blog, Business News, Property Law 19 January 202611 February 2026

Placing your home into a trust during your lifetime is often seen as a way to protect your assets and reduce Inheritance Tax (IHT).

While trusts can be beneficial, a lifetime property trust can carry significant risks and understanding what these are is crucial for your estate planning.

Our estate planning expert, Donna Smy, investigates.

What are the IHT implications of lifetime trusts?

IHT is often one of the main reasons people consider lifetime trusts, but the tax consequences can be unfavourable.

Many people may believe that the seven-year rule for lifetime gifts applies automatically when you put your home into a trust.

However, if you continue to live in your home rent-free after placing it into trust, the Gift with Reservation of Benefit (GROB) rules apply and your property will still be treated as part of your estate for IHT purposes.

In addition, putting your home into a trust may result in the loss of the Residence Nil Rate Band (RNRB), which is currently £175,000 per person when you die and leave your main home to direct descendants.

If the value of the property being placed into the trust exceeds the available Nil Rate Band allowance, which is a maximum of £325,000 per person, there may also be an immediate 20 per cent IHT charge when the trust is created, as well as ongoing ten-year and exit charges for the trust itself.

Can it reduce care home fees?

A common misconception is that a lifetime trust will automatically protect your home from care home fees.

However, local authorities can challenge this under the deprivation of assets rules and there is no fixed period after which assets placed in a trust are safe from these rules.

If they believe the trust was set up to avoid paying for care, they may ignore it entirely and treat you as still owning the property.

Loss of control over your home

One of the most immediate risks of putting your home into a trust is the loss of control.

Placing your home into a trust will give up your legal ownership and decisions such as selling or refinancing the property can only be made by the trustees.

Even if you are a trustee yourself, you must act in accordance with the trust deed and all trustees must act unanimously.

If your circumstances change, you could be restricted in making decisions about your property.

Trusts can also create unintended consequences for beneficiaries, particularly if it conflicts with your Will or if trustees disagree or lose capacity to act.

Unwinding a poorly planned trust can be expensive and difficult, but we can help you prepare a tax-efficient trust.

How to protect your assets properly?

Rather than rushing into a lifetime trust, it is important to consider all the possible options to protect your assets and estate.

These can include:

Updating your Will
Using a life interest trust on death
Setting up Lasting Powers of Attorney (LPAs)
Working with a financial adviser to plan for potential care costs

Retaining control over your assets is important and you must seek legal advice before making any important decision on you’re the future of your finances.

Our expert team can help assess your estate planning and protect your assets in a legally compliant way.

To learn more about trusts and estate planning, contact us today.