News

24 March 2025

In the era of digital marketing, influencer partnerships have become an essential strategy for many businesses looking to enhance brand visibility and drive consumer engagement. However, working with influencers requires careful consideration to ensure that the collaboration is successful and legally compliant. Below are some key factors that brands should take into account when considering […]

24 March 2025

Welcome to part 2 of our series on influencer marketing. Whether you are a high-profile influencer, a household name, or a micro-influencer with a smaller following, you are all bound by the same legal requirements. Social media endorsements are a form of advertising and, as such, are governed by various laws, particularly those relating to […]

24 March 2025

To boost sales and improve visibility, more and more businesses are turning to influencers for marketing support. Some reports suggest that 1 in 8 businesses already use influencers, and this number is expected to rise significantly in the coming years. The global influencer marketing industry has more than doubled in size since 2019. In 2022, […]

20 March 2025

In today’s fast-paced commercial landscape, as technology continues to evolve rapidly, protecting trade secrets has become increasingly vital. A recent high-profile case involving the theft of Google’s AI trade secrets highlights the importance of having strong intellectual property strategies, especially for companies in the tech sector. Theft of Google’s Trade Secrets The case in question […]

20 March 2025

We are proud to announce that Berry Smith has been appointed as one of only five law firms selected to support the Welsh Government in its ongoing legal affairs and initiatives. Berry Smith has been appointed to provide legal services across the following areas: Civil Litigation, Employment Law, Major IT & Commercial Contracts, Planning & […]

14 March 2025

Non-Disclosure Agreements (NDAs) are often the first step in business collaborations, acting as a protective shield over sensitive information. While they are typically seen as a precaution, their legal power is rarely tested—until now. Salica Investments, formerly Hambro Perks, learned this the hard way when the court ordered them to pay £2.1 million to Henderson […]

14 March 2025

Read the full BBC article here. The UK Labour government has announced plans to ban new leaseholds and introduce measures to protect homeowners from unfair management practices. These proposed changes aim to ensure greater transparency and fairness for leaseholders, particularly regarding service charges and property management. As part of the discussion, Simon Care, Partner at Berry Smith Lawyers, shared his […]

12 March 2025

On 25 February, more than a thousand musicians—including Cat Stevens, Damon Albarn, Annie Lennox, and Kate Bush—released a silent album in protest against the UK government’s planned changes to copyright law, which could allow tech firms to train artificial intelligence models using their work. Prime Minister Keir Starmer has made his stance on AI clear. […]

11 March 2025

Cardiff, Wales – Berry Smith Lawyers is pleased to announce the successful completion of a commercial property restructuring and grant of finance for Wales’s largest craft brewer, Tiny Rebel, advising on the commercial property restructuring of the Tiny Rebel Brewery and the company’s headquarters based at Wern Industrial Estate in Newport. The matter was handled […]

6 March 2025

Your Words Matter in Contract Drafting On 4 February 2025, the Court of Appeal delivered its judgment in EE Ltd v Virgin Mobile Telecoms Ltd [2025] EWCA Civ 70, a contractual dispute between EE Ltd and Virgin Mobile Telecoms Ltd. Background The dispute centred on EE’s provision of 2G to 4G (but not 5G) mobile […]

6 March 2025

In RTM v Bonne Terre Ltd and Another [2025] EWHC 111 (KB), the High Court examined the validity of consent in data protection law, particularly regarding the use of personal data for targeted marketing. Background The claimant, RTM, a reformed gambling addict, brought a claim against Bonne Terre Ltd, which operates as Sky Betting & […]

6 March 2025

The 2024 Autumn Budget proposed changes to Inheritance Tax reliefs, which ministers have continued to support despite opposition. As a result, the planned changes to Business Property Relief (BPR) outlined in the 2024 Autumn Budget are set to remain. What Are the Changes? The Autumn Budget announced reforms to Business Property Relief. From 6 April […]

4 March 2025

The Information Commissioner’s Office (ICO) has launched a major investigation into TikTok’s handling of children’s data. The investigation follows concerns over how TikTok uses the personal data of 13–17-year-olds to make recommendations to them. This inquiry raises important questions about data privacy and the obligations businesses must meet under UK data protection laws. What Does […]

25 February 2025

In a recent case, London United Busways Ltd v De Marchi and another, the Employment Appeal Tribunal clarified that if an employee objects to a TUPE transfer due to a substantial change to their working conditions to their material detriment, they can be treated as dismissed, allowing them to bring a claim to an Employment […]

25 February 2025

Acas has published new advice on neurodiversity at work, providing tips for employers on how to raise awareness and be inclusive and sensitive when managing neurodiversity at work. Is neurodivergence a disability? Neurodiversity describes the natural differences in how a person’s brain behaves and processes information. Being neurodivergent will often amount to a disability under […]

24 February 2025

We are now starting to see the impact of recent changes to the Civil Procedure Rules and the consequences of the Court of Appeal decision in Churchill in 2023 in the Court’s approach to mediation. In the recent case of DKH Retail Ltd and others v City Football Group Ltd [2024] EWHC 3231 (Ch), the […]

24 February 2025

Despite opposition from farmers and others in the agricultural sector, a recent meeting between agricultural leaders and the Treasury regarding changes to Agricultural Property Relief has not led to any reversals. Ministers continue to stand by the proposed changes, meaning they are likely to remain in place.  What are the changes?  In the 2024 Autumn […]

20 February 2025

The Berry Smith Corporate Team has been ranked as the 4th most active legal advisor in Wales for 2024, moving up from 5th place in 2023. The prestigious ranking, compiled by Experian UK M&A, recognises Berry Smith’s significant achievements over the past year. The firm has built a strong reputation for providing expert legal services […]

19 February 2025

Berry Smith LLP is pleased to announce the successful completion of the acquisition by Cardo Group of Rodgers & Johnston Ltd, its second acquisition in Scotland in less than a month. Rodgers & Johnston Ltd, based in Holytown, has been a leading, local player in the property maintenance field for over 30 years. The company […]

18 February 2025

In a ruling delivered in late 2024 in R (on the application of Cobalt Data Centre 2 LLP and another) v HMRC [2024] UKSC 40, the Supreme Court upheld HMRC’s decision to deny allowances under the Capital Allowances Act 2001 (“CAA 2001”) related to an enterprise zone scheme, ultimately dismissing the appellants’ appeal. This case […]

14 February 2025

Boy George, star of the famous 1980s English band Culture Club, has been in the news this week due to the potential loss of exclusive trade mark rights to his name, following the band’s reported £12 million debt. The trade marks in question are ‘BOY GEORGE’, owned by Cometmarket Limited, of which Boy George is […]

12 February 2025

Subscription services are now a regular part of daily life, from streaming platforms like Netflix to meal kits such as HelloFresh and fitness apps like Strava Premium. While these services offer convenience, many consumers find themselves locked into unwanted subscriptions due to complex cancellation processes and automatic renewals. In the UK, there are 155 million […]

10 February 2025

Artificial intelligence (AI) is increasingly becoming a party of daily life, prompting businesses to capitalise on its potential benefits. Although AI remains largely unregulated, the UK government and other authorities worldwide are considering various regulatory approaches. As a result, businesses must stay informed about emerging developments to effectively prepare and mitigate potential risks. This article […]

6 February 2025

Throughout the news, reports suggest that U.S. President Donald Trump is implementing significant changes to U.S. tax policy and tariffs, which could have far-reaching effects on businesses and international trade. While some proposals are already in place, others are under discussion, particularly regarding the EU and UK. This article explores how proposed tariffs could impact […]

3 February 2025

The ongoing legal dispute between Getty Images and Stability AI has taken a critical step forward, with developments on 14 January 2025 setting the stage for what could become a landmark case. This case raises fundamental questions about the intersection of artificial intelligence (AI) and intellectual property (IP): Can AI developers legally use copyrighted materials […]

3 February 2025

For businesses, the start of a new year provides an excellent opportunity to reflect and prepare for the months ahead. While many focus on marketing and growth strategies for 2025, it’s equally important not to overlook the legal aspects of running a business. Ensuring your contracts are current and tailored to your future plans can […]

31 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On the final day of Family Mediation Week 2025, we share some top tips on how to […]

30 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On Day 4 of Family Mediation Week 2025, we look at how mediation can help with complex […]

30 January 2025

Sports Direct tycoon Mike Ashley has won a recent High Court case against HMRC regarding its handling of a subject access request (SAR) previously submitted by Ashley. The dispute arose from Ashley’s sale of properties, during which HMRC challenged the valuation and issued a tax demand of £13.6 million in 2016. Despite later withdrawing the […]

29 January 2025

Recent changes to the higher rate of Land Transaction Tax (LTT) in Wales may impact those purchasing additional properties. Below, we outline what LTT is, how it works, and the changes you need to know. What is Land Transaction Tax (LTT)? LTT is a tax payable to the Welsh Revenue Authority when an individual or […]

29 January 2025

In the recent Autumn 2024 Budget, the Chancellor announced a wide range of changes to how inheritance tax will be calculated in the future, including changes to the inheritance tax treatment of pensions. If you have a private pension, it is vital that you consider these recent announcements. 1) What is the current position regarding […]

29 January 2025

The Government has published the updated rates for the National Living Wage (NLW), National Minimum Wage (NMW) and statutory payments that will apply from April 2025. Proposed increases to statutory payments: · Statutory maternity pay, maternity allowance, paternity pay, adoption pay, shared parental pay and parental bereavement pay will increase from £184.30 to £187.70 per […]

29 January 2025

The Government has laid before Parliament the Neonatal Care (Leave and Pay) Act 2023 (‘the Act’) introducing a new day-one right to neonatal leave for working families with babies in neonatal care. Subject to Parliamentary approval, neonatal care leave will apply in respect of children who are born on or after 6 April 2025. Currently, […]

29 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On Day 3 of Family Mediation Week 2025, we take a look at how children’s voices can […]

28 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On Day 2 of Family Mediation Week 2025, we take a closer look at the role of […]

27 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. In our experience at Berry Smith, many families who come to us for advice or mediation services […]

22 January 2025

In a highly anticipated legal battle, popular cider producer Thatchers successfully appealed against supermarket giant Aldi in a long-running trademark dispute. In this article, we will break down the key aspects of the case, its implications for trademark law, and what it means for companies seeking to protect their brands in the marketplace. Background At […]

22 January 2025

Berry Smith is delighted to have acted as lead adviser to Cardo Group Limited in its successful acquisition of Heatcare Oil & Gas Holdings Limited. This strategic purchase marks a significant milestone in Cardo’s ongoing expansion and its commitment to delivering energy-efficient solutions for social housing and public buildings. The deal follows a series of […]

20 January 2025

Further to our previous article “Is it time to revise your terms and conditions” If you’ve determined that it’s time to revise your T&Cs, use the following checklist to ensure that you’ve covered all the essential aspects: 1. Clarity and Accessibility 2. Legal Compliance 3. Business Model Updates 4. Limitation of Liability 5. Force Majeure […]

17 January 2025

For any business, well-drafted terms and conditions (T&Cs) are the foundation of clear and legally sound relationships with customers, suppliers, and other third parties. These agreements outline the rules governing transactions and interactions, safeguarding your business against potential disputes and liabilities. However, market changes, legal updates, or shifts in your operations may mean it’s time […]

16 January 2025

It’s estimated that less than a quarter of us will stick to any New Year’s resolutions we make. So, instead of coming up with more excuses to skip your 6 am spin class, grab some leftover Christmas chocolates and a cuppa, and set yourself some New Business Resolutions you can actually stick to! The New […]

10 January 2025

Emma Jayne Scullion, an Associate in our Property Litigation team, recently helped a client successfully defend against their neighbour’s claim that past trespassing incidents had permanently reduced the value of her property. The Case: A Dispute Over Trespass The case went to trial in late November 2024. Both sides agreed that some minor trespasses had […]

9 December 2024

Failure to pay may seem like grounds for termination, but this isn’t always the case. Acting prematurely could backfire, potentially putting you in breach of the contract. Do You Have a Contractual Right to Terminate? In cases of late payment, parties typically have two legal routes to consider: However, neither guarantees an automatic right to […]

6 December 2024

The Supreme Court’s Landmark Decision on Force Majeure and “Reasonable Endeavors” In the recent case of MUR Shipping v RTI, the Supreme Court ruled that the “reasonable endeavours” proviso in a force majeure clause does not oblige parties to accept non-contractual performance, even if it would resolve the issue created by the force majeure event. What […]

6 December 2024

Intellectual Property (IP) can arise in various shapes and sizes. Understanding the various forms of IP is useful for considering who and how your IP is owned and can be used. In business, it is common for multiple parties to desire the rights in certain IP. The following is an overview of the rules of […]

3 December 2024

What is a Lasting Power of Attorney for Health and Welfare? A Lasting Power of Attorney is a document in which you (the donor) give someone else (the attorney(s)) the power to make decisions on your behalf. A Lasting Power of Attorney for Health and Welfare grants your attorney the authority to make decisions regarding […]

28 November 2024

Recently, you may have seen several allegations against high-profile figures making headlines, highlighting the importance of conducting successful investigations. These can involve grievance investigations, disciplinary investigations and other forms of investigation in the workplace.  Dealing with the intricacies of workplace investigations can be fraught with difficulties. For many employers, the decision to appoint an external […]

28 November 2024

On 3rd December 2024, Sarah Alford (Partner) and Caitlin Rees (Associate) in our Employment & HR department at Berry Smith, will be speaking about the upcoming employment law reforms, including the proposed changes to family leave rights, at the Women at Work Wales Conference, hosted by Policy Insight Wales.   We therefore thought that now was […]

20 November 2024

CST Wealth Management Limited is a renowned chartered financial planning firm based in Bridgend, managing an impressive portfolio of individual and business clients with approximately £170 million in assets under advice. Brooks Macdonald is one of the UK’s leading wealth management firms, focused on providing expert investment management and financial planning. Berry Smith worked closely […]

18 November 2024

Sky v SkyKick In a key case for trade mark law, the Supreme Court recently handed down its long-awaited judgment in Sky v SkyKick. The legal issue at hand was whether Sky’s trade marks had been validly registered, given the broad scope of their coverage. Originally, Sky sued SkyKick, a cloud management company based in […]

7 November 2024

A £279m partnership in the UK Government’s life sciences sector The UK government recently announced a £279 million investment in its life sciences sector through a partnership with Lilly, a multinational pharmaceutical company. This significant investment is aimed at accelerating healthcare innovation and advancing new care delivery models, particularly focused on improving health for people […]

5 November 2024

After weeks of rumour and speculation, Chancellor Rachel Reeves delivered Labour’s first Budget in 14 years and, in doing so, introduced significant changes to Stamp Duty Land Tax in England. What is Stamp Duty Land Tax? Stamp Duty Land Tax (SDLT) is a tax you must pay when you purchase an interest in land or […]

31 October 2024

The rumours prior to the unveiling of the Autumn Budget were that Agricultural Property Relief was to be scrapped. While this was not the case there have been considerable changes. If you own agricultural property, it is imperative that you consider the recent announcements.  What is Agricultural Property Relief? Agricultural Property Relief is an Inheritance […]

31 October 2024

The Chancellor’s announcements in the October budget have reduced the effective of Business Property Relief. If you are a sole trader, in partnership, and/or own a company, it is important that you consider the changes being introduced in April 2026. What is Business Property Relief? Business Property Relief is an Inheritance Tax relief which can […]

29 October 2024

On 10th October 2024, the government introduced a new Employment Rights Bill (‘the Bill’) to enact many of Labour’s manifesto commitments to improve the employment rights of workers and employees. This article sets out some of the Bill’s key provisions. The Government is currently consulting on the above proposals and most will likely come into […]

29 October 2024

Mental Health Awareness day took place earlier this month on 10th October. Mental Health UK report that one in ten people (10%) tackle the challenges of living with an anxiety disorder at any one time and people aged between 35-59 are more likely to be affected by an anxiety disorder. Women are twice as likely […]

24 October 2024

The Data Protection Audit Framework The Information Commissioner’s Office (ICO) have recently launched a new audit framework designed to help businesses assess their own compliance with key requirements under data protection legislation. The framework has been launched to encourage businesses to identify and implement any necessary steps to improve their data protection practices. The framework […]

23 October 2024

With the passing of the Renters’ Reform Bill imminent – expected in November 2024 – it is crucial for private landlords in England to consider how the changes will impact them. Often referred to as the ‘English equivalent’ of the Renting Homes Wales Act 2016, the Bill has already been widely criticised as unfairly stacking […]

18 October 2024

Berry Smith again features strongly in the latest independent guides to the legal profession in England and Wales. Each of our teams (Corporate, Dispute Resolution, Commercial, Commercial Property, Employment & HR, Family and Private Client) are ranked, with individual lawyers also recognised. The Legal 500 and Chambers & Partners have recently published their annual rankings. […]

16 October 2024

On September 11, the High Court ruled against easyJet on one of its trade mark disputes in favour of Easyfundraising. The large airline company is a part of the easyGroup which has been trying to restrict the use of ‘easy’ by smaller companies in their brands. Easyfundraising, a service that helps users raise funds through […]

2 October 2024

Considering how the Supreme Court’s TUI -v- Griffiths decision could assist litigants seeking permission for expert evidence late in the day. The recent UK Supreme Court judgment in the case of TUI -v- Griffiths has attracted significant attention and discussion amongst litigation practitioners due to its implications for how the Court will treat expert evidence. […]

1 October 2024

Mental Health Awareness day took place earlier this month on 10th October. Mental Health UK report that one in ten people (10%) tackle the challenges of living with an anxiety disorder at any one time and people aged between 35-59 are more likely to be affected by an anxiety disorder. Women are twice as likely […]

1 October 2024

The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26 October 2024. It amends the Equality Act to create (a) a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment of their staff, and (b) a power for the Employment Tribunal to uplift sexual harassment compensation by […]

26 September 2024

Terms and conditions (T&Cs) are an essential agreement which form the legal basis upon which businesses trade with each other and their customers. Although it is not a legal requirement for every business to have T&Cs, having a set to rely on in the event of a dispute will place your business in a stronger […]

25 September 2024

Welsh Government have published an updated statement on the progress of the much-anticipated Building Safety (Wales) Bill. The Building Safety Act 2022 was introduced following the tragic events of Grenfell Tower to substantially improve the safety standards of residential buildings, along with granting residents and homeowners greater rights, powers, and protections. Welsh Government plan to […]

20 September 2024

The Berry Smith corporate team have been recognised as one of the top 10 legal advisors in Wales, according to the MarketIQ HY1 2024 Experian UK M&A Report. The team are thrilled to have retained their position as 4th ranked legal advisors in the Experian UK M&A Review for the first half of 2024, following their […]

4 September 2024

It should come as no surprise that starting a business is hard work; it takes innovation, commitment and a splash of good luck. One of the main obstacles faced by would-be startup businesses is obtaining sufficient funding to get the initial idea off the ground. You may be in a position to self-fund initially, but […]

3 September 2024

As social media becomes more prevalent, allowing individuals to freely share their views online for all to see, it raises questions on how companies can limit what their employees publish online. To what extent employers are allowed to monitor/control their employees’ social media? Monitoring the use of social media can create legal issues if employers […]

3 September 2024

In the recent case of Wharton v Sheehan Haulage and Plant Hire Ltd, the Employment Appeal Tribunal held that in unlawful deductions from wages claims, the 3 month time limit ran from the date of deduction, not the termination date of employment.  In this case, the date of the deduction was after the termination date, […]

28 August 2024

Jane Rees, Associate Solicitor at Berry Smith LLP, considers the difficulties faced by land owners affected by the flow of rainwater from higher land.  It is commonly known that land owners have a measured duty of care to ensure that they do not do anything on their land that would cause damage to neighbouring land, […]

7 August 2024

This week, Berry Smith’s corporate team is once again celebrating the success of being shortlisted for the Wales Dealmakers Awards. The Wales Dealmakers Awards 2024 will be held at the Mercure Holland House Hotel in Cardiff on the 26th September 2024. The evening will bring together corporate lawyers, finance advisers and funders to celebrate a […]

6 August 2024

For the next part of the Berry Smith ‘Startup Advice’ mini-series, the team has put together a list of the essential contracts which every startup business should consider having in place. Regardless of the type of business you run, ensuring you have acquired the necessary contracts from the offset is a fundamental factor in achieving […]

2 August 2024

The introduction of ‘no-fault’ divorce in April 2022 made the divorce process more accessible, affordable and amenable, helping to reduce conflict by removing the need to apportion blame for the breakdown of the marriage and moving the process online. However, whilst information provided by HM Court and Tribunal Service is helpful, in guiding parties through […]

31 July 2024

On 17th July 2024, the Labour party, in the King’s Speech, set out their agenda for their intended legislative changes in their first few months in government. The new government will likely introduce an “Employment Rights Bill” (the “Bill”), which will set out a number of changes which will affect both employers and employees in […]

31 July 2024

A Dispute Resolution Appointment (DRA) is a form of alternative dispute resolution (ADR) which aims to resolve disputes without a full hearing in an employment tribunal. DRA has been introduced by the Wales Employment Tribunal for the more complex cases with long final hearings (those listed for over 6 days), such as in discrimination and […]

26 July 2024

Starting a new business is an exciting journey filled with potential and opportunity. However, amidst the excitement, many entrepreneurs overlook crucial legal and contractual considerations. These oversights can lead to setbacks, delays, financial losses and, in the worst case, the failure of the business. As a leading law firm in South Wales, specialising in helping […]

18 July 2024

Starting a business can be an exciting yet equally daunting process. You’ve had the business idea, assessed the market, created a business plan – so what next? Choosing the right legal structure to suit the needs of your business is a fundamental decision, requiring careful consideration of your long term objectives. There are a number […]

10 July 2024

The school term is nearly over and summer holidays are fast approaching, with many families looking forward to a well earned break abroad in the sun. However, when parents separate, holiday arrangements can become a minefield as parents look to arrange trips and vacations for their children. Communication between the separated parents in relation to […]

9 July 2024

If you have ever entered into a commercial contract, you may be familiar with seeing the words best, reasonable, and all reasonable endeavours. After seeing these phrases, you may have wondered what these phrases mean and why your business needs to be aware of them. What is the purpose of an endeavours clause? An endeavours […]

5 July 2024

Following the recent General Election results, a Labour Government is now in place. This change in government is prompting many family law specialists, including ourselves at Berry Smith, to evaluate its potential impact on family law in England and Wales. One area of interest is cohabitation law, with reform in this area now potentially on […]

3 July 2024

On 1st July 2024, new amendments to the TUPE regulations (the Transfer of Undertakings (Protection of Employment) Regulations 2006) have come into effect for any transfers which occur after 1st July 2024. What is TUPE? Protection is afforded to employees and obligations are placed on employers under the Transfer of Undertakings (Protection of Employment) Regulations […]

3 July 2024

What is a whistleblower? A whistleblower is someone who reports wrongdoing which is in the public interest, also known as a protected disclosure. Who is protected? The Employment Rights Act 1996 protects employees from being dismissed and affords protection to both employees and workers from suffering a detriment. Workers can amount to, among others, agency […]

3 July 2024

Starting a business can be a daunting experience. With an abundance of information available to you (some usual, some not) how do you decide what to rely on, what will be of benefit or what to focus on? The commercial team here at Berry Smith has provided 5 tops tips for every start ups to […]

3 July 2024

Berry Smith are delighted to have represented the shareholders of Anthony A Davies Limited in their sale to the management team. The deal, backed by Development Bank of Wales paves the way for the business’ future growth plans and will cement their position as a market leader in the industry. Anthony A Davies Limited is […]

25 June 2024

A “pay when paid” clause seeks to provide that a contractor will only pay a subcontractor for completed work once the contractor has received payment from the employer. Fortunately, for those doing the work and awaiting payment, there is limited scope for pay when paid clauses to apply to effectively resist payment. Under the Construction […]

13 June 2024

Lauren Parsons, Senior Associate at Berry Smith, considers the story so far following the recent ruling in Davies -v- Bridgend County Borough Council. The beginning. It is well established that Japanese Knotweed can have a significant impact on the value (as well as marketability and insurability) of land. This is because it can be very […]

29 May 2024

Neurodiversity in the workplace is very much a “hot topic” at the moment and employers are more aware of the need to understand their responsibilities and duty of care to employees who are neurodiverse. Neurodiverse individuals are those whose brains may work in different ways and includes medical disorders and conditions, such as learning difficulties, […]

29 May 2024

June is Pride Month 2024. With that in mind, this article discusses the importance of promoting workplace diversity, equity and inclusion. A workplace culture that promotes diversity, equity and inclusion will encourage employee retention, attract great candidates and increase productivity and enhance an employer’s reputation. Research by Culture Shift in February 2021 found that almost […]

23 May 2024

A recent Supreme Court judgement, RTI Ltd v MUR Shipping BV, has highlighted the importance of certainty in commercial contractual terms. It was unanimously ruled that, while a force majeure clause can only be relied upon if a party has taken reasonable steps to avoid the effect of the force majeure event, these reasonable steps […]

16 May 2024

As Hugh Grant has recently discovered, a Part 36 offer is a powerful tool in the world of litigation / dispute resolution, after opting to accept such an offer to settle his claim against News Group Newspapers (NGN).  Jane Rees, Associate of Berry Smith LLP, considers the tactical move made by NGN’s lawyers and the […]

8 May 2024

Patrick Howarth joins from Ruben Lewis and O’Brien, at which he was a partner and head of the firm’s litigation team, and Hannah Davies joins as a solicitor, whilst Solicitor Antony Gibbons is promoted to Associate in the Construction Team and Polly Miller has been promoted to Claims Manager.  The promotion and recruitment of an […]

7 May 2024

Leading independent Welsh law firm, Berry Smith, has further strengthened its teams with six significant promotions. Dan Dowen has been promoted to Partner in its Commercial team, Ellen Lewis to Associate in the Corporate department, Antony Gibbons to Associate and Keira Anne Dowsell to Solicitor in Dispute Resolution and Conor Lynn to Associate and Alex […]

2 May 2024

The recent fertility of adjudication enforcement case law has continued in the past week. We have seen a useful reminder of the principles for using the Part 8 procedure to prevent adjudication enforcement in TClarke v Bell Build (a very concise judgment which you can read here) and a lesser seen example of non-enforcement of […]

30 April 2024

The week of 13th to 19th May 2024 is Mental Health Awareness week. The last few years have been challenging for most people, impacting the mental health of millions of people worldwide. Despite the significant improvements in mental health awareness over recent years, our experience is that dealing with mental health concerns amongst the workforce […]

30 April 2024

As we approach the summer months, employers may be receiving a higher number of annual leave requests than usual. With that in mind, this article considers some frequently asked questions regarding holiday entitlement in the workplace. How much annual leave are staff entitled to?  Most workers (with some limited exceptions) have a statutory right to […]

23 April 2024

Obtaining an early judgment in your favour following a defendant’s failure to either adequately respond to a claim or indeed respond at all, is what many claimants would (understandably) cite as their ‘ideal’ outcome or best case scenario when they set out to commence litigation. Whether it be a breach of contract argument with a […]

22 April 2024

Berry Smith’s Commercial Property team has once again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which will take place on Thursday 13 June 2024 at the Coal Exchange in Cardiff. Berry Smith Lawyers is a well-established, Cardiff based, law firm comprising 11 partners and approximately 80 staff […]

16 April 2024

The Berry Smith FC team are descending on Leeds for the @BusinessFives National Football Finals. Following a victorious regional event in Cardiff, the mixed team are hoping to add some more silverware to the trophy cabinet.  Aside from aiming for success on the pitch, the team are proud to support @WalesAirAmbulanceCharity and are wishing to […]

9 April 2024

As we are living in an increasingly digital era, online shopping has become the norm meaning that businesses have to take care to ensure that their standard terms and conditions are brought to their customer’s attention sufficiently. Ensuring that terms and conditions are effectively incorporated into a contract of sale without impeding the ease and […]

9 April 2024

Avid readers of the Seasonal Berry Smith Commercial Newsletter may recall the ongoing dispute between supermarket giants Tesco and Lidl which we last covered in 2023. You can read about it HERE Previously, High Court Judge Joanna Smith concluded that Tesco’s use of the same yellow and blue colour scheme for their Clubcard Prices signage infringed […]