News

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

The Employment (Allocation of Tips) Act 2023 (‘the Act’) comes into force on 1 October 2024. It seeks to address complaints about employers unfairly retaining or dividing tips. The Act regulates how employers allocate tips by introducing obligations to ensure that workers receive tips, gratuities and services charges in full and that tips are allocated […]

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 […]

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 […]

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 […]