News

24 October 2018

New regulations are being introduced to help small businesses recover unpaid invoices from large companies. The changes will make it easier for firms to access invoice finance. Ministers say this could provide a £1bn long-term boost to the economy Currently a small supplier’s contract with a larger company may prevent it from securing invoice finance […]

24 October 2018

In the case of Bellman v Northampton Recruitment Ltd, the Court of Appeal (CA) held that the Respondent Company was responsible for the actions of a senior employee who injured another employee at an impromptu work after-party.  The Claimant was employed by the Respondent as a sales manager. Mr Major was a director and shareholder […]

24 October 2018

In the case of Hawkes v Ausin Group (UK) Ltd, the Employment Appeal Tribunal (EAT) held that the failure of the Respondent to hold a meeting with the Claimant before his dismissal, did not render the dismissal unfair.   The Claimant was a volunteer reservist with the Royal Marines and was employed by the Respondent […]

24 October 2018

In the case of Sheikholeslami v University of Edinburgh, the Scottish Employment Appeal Tribunal (EAT) held that the Employment Tribunal (ET) had erred in applying a test of strict causation when determining a claim of disability discrimination. It confirmed that when considering a claim of discrimination arising from disability a looser causation test should be […]

24 October 2018

In the case of Twenty-Four Seven Recruitment Services Limited and others v Afonso and others, the Employment Appeal Tribunal (“EAT”) has provided some useful guidance on the level of detail that needs to be provided in an agency worker’s contract in order to invoke the equal pay (‘Swedish derogation’) exemption set out in the Agency […]

23 October 2018

Fabio Grech, partner at Berry Smith and Employment law specialist, discusses how workplace relationships can potentially impact on your business. I recently advised a business owner struggling with the consequences of an office romance between his business partner and a junior employee.  His early reticence to challenge what was clearly preferential treatment by his business […]

23 October 2018

In the case of VM Morrison Supermarkets Plc v Various Claimants, the Court of Appeal (“CA”) held that the supermarket chain Morrisons was liable for the actions of an employee who wrongfully disclosed the personal data of 99,998 of his colleagues. The employee Mr Skelton, was a senior IT internal auditor employed by Morrisons. Having […]

18 October 2018

In a market where there is a new growth industry of “professional occupiers,” being a company who occupy premises with the sole intention of mitigating the liability of property owners who are subject to non-domestic rates, it is not surprising the question of what amounts to ‘occupation’ for the purpose of determining rateable occupation has […]

11 October 2018

In the case of Lee v Ashers Baking Company Ltd and Others, the Supreme Court has held that it was not discriminatory for a Christian bakery to refuse to supply a cake to the Claimant displaying a message in support of gay marriage. In May 2018, the Claimant asked ABC Ltd to bake a cake […]

4 October 2018

In the case of Nicholls v London Borough of Croydon and others, the Employment Appeal Tribunal (EAT) held that the Employment Tribunal (ET) had erred in finding that the transfer of public health functions to a local authority was not covered by TUPE. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), state that […]

4 October 2018

In the case of Tabberer and others v Mears Ltd and others, the Employment Appeal Tribunal (EAT) has held that the removal of a contractual travel time allowance, which was described as outdated and unjustified, was not void following a TUPE transfer. The Claimants were a group of electricians who were originally employed by Birmingham […]

4 October 2018

In the cases of Rana v Ealing London Borough Council and anor; Bonnie v Department for Work and Pensions, the Court of Appeal has held that even where a judgment is sent to the wrong person, the time limit for appealing a decision to the Employment Appeal Tribunal (EAT) continues to run from the date […]

4 October 2018

In the case of East Kent Hospitals NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) has held that an employee’s letter to her employer giving one month’s notice did not amount to a resignation. The Claimant worked for the Respondent as an administrative assistant in the Records Department. Following difficulties at work, the […]

4 October 2018

In the case of Mutombo-Mpania v Angard Staffing Solutions Ltd, the Employment Appeal Tribunal (EAT) held that an employee was not a disabled person as he had not evidenced the impact of his impairment on normal day-to-day activities. In addition the employer could not reasonably have been expected to know of any disability in this […]

4 October 2018

In the case of Dunn v Secretary of State for Justice and anor, the Court of Appeal has held that the Respondent’s procedure for determining an employee’s application for early retirement on ill-health grounds which involved unreasonable delay was inherently defective but not inherently discriminatory. The Claimant, Mr Dunn was employed by the Respondent as […]

4 October 2018

On 6th September 2018, HM Treasury published information concerning draft proposals regarding actuarial revaluation of public service pension schemes. HM Treasury undertakes valuations of the public service pension schemes every four years. The public service pension schemes cover the NHS, teachers, the armed forces, the police, firefighters, local government workers, judiciary and civil servants. The […]

1 October 2018

Q When my husband got divorced in 2012, he made a will leaving everything to his two sons by his previous marriage. I have been married to him for 18 months after living with him for 3 years. My husband suffers from heart disease and I am concerned that he has not made a new […]

1 October 2018

Q. My wife and I recently separated and we would like a nice, easy, ‘no fault’ divorce. How can we go about this? A. In order to petition for a divorce there is one ground for it; irretrievable breakdown of the relationship. This must, however, be demonstrated using one of five facts, namely, adultery, unreasonable […]

1 October 2018

Q I was married for 26 years. My husband left me 3 years ago for a woman with young children and, last year, they bought a house together. He says he has no money to help me out but, while I have been unable to afford any holidays since then, he has taken his new […]

14 September 2018

We are delighted to announce that our Employment team has been appointed as legal advisers to the South Wales Fire and Rescue Service on matters of Employment law. The team, headed by Fabio Grech, has steadily expanded its offering within the public sector, having already acted for a range of public sector employers including Welsh Government departments, […]

11 September 2018

There has been a huge rise in the number of couples citing “unreasonable behaviour” as grounds for obtaining a quick divorce. Researchers at Oxford University found that the number of divorces granted to wives because of unreasonable behaviour rose from 17% in 1971 to 51% in 2016. The increase was even sharper for husbands, rising […]

7 September 2018

A wealthy businessman has left millions to the charity Oxfam after inserting a common tragedy clause into his will. Richard Cousins died along with his two sons, his fiancé and her daughter when their plane crashed in Australia on New Year’s Eve. Mr Cousins, who was the chief executive of the Compass Group, had made […]

5 September 2018

Nick Parker, partner and head of dispute resolution at Berry Smith Lawyers and a civil and commercial mediator, considers the continued growth and success of voluntary mediation between parties in resolving civil and commercial disputes. Disputes are not generally considered to be ‘good news’ by the parties involved and resolving them quickly and effectively is, […]

4 September 2018

In the case of X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email from a lawyer was not covered by legal advice privilege because there was a strong case to suggest that it advised how to mask an employee’s dismissal as a redundancy to avoid the employee making further complaints of […]

4 September 2018

The Deputy Pensions Ombudsman has upheld a complaint where an employer failed to bring forward a member’s retirement date before his death. Mr Y was diagnosed with a form of aggressive cancer and underwent chemotherapy. He was recommended by a counsellor appointed by his employer for early retirement on grounds of permanent ill-health. Mr Y […]

1 September 2018

Q – I have a daughter, aged 10, from a previous marriage who lives with me every other week. My ex-wife has recently got engaged to a man she met, whilst on holiday, on California. My daughter has said that she has been told that they are all moving to USA after the wedding and […]

1 September 2018

Breaking up can be hard to do, but BERRY SMITH LAWYERS can help make it as stress-free as possible Q – My partner and I split up 13 years ago after buying a house together four years previously. I have continued to live here and have paid the mortgage ever since. I would like to […]

1 September 2018

Q – I am trying to get our finances sorted out following a divorce, but my ex-husband won’t produce the requested details of his assets. How much power does the Court have to force him to do this? I feel that fines and “contempt of court” are unlikely to be a deterrent, so this could […]

28 August 2018

Over recent months the Information Commissioner’s Office (ICO) has issued a number of enforcement notices and fines to those companies that have acted in breach of Data Protection law. Our commercial solicitor, Dan Dowen, gives an overview of recent actions taken by the ICO to combat such illegal behaviour. June 2018 At the end of […]

24 August 2018

In the case of Brown & Anor v Neon Management Ltd & Anor, the High Court held that where an employee resigns but on notice of six months or more, this will affirm (i.e. deemed to have consented to the breach) the contract of employment unless there are further breaches of contract after the resignation. […]

22 August 2018

A quarter of UK companies say they’ve suffered a hit to their cash flow and longer-term finances because of the insolvency of a customer over the last six months. The research by the insolvency and restructuring trade body, R3, found the financial impact of the insolvency of another business was described as “very negative” by […]

17 August 2018

In the case of Miah v Axis Security Services Ltd, the Employment Appeal Tribunal (EAT) held that time limits are not automatically extended when the limitation period expires on a non-working day. The Claimant, Mr Miah, brought a claim of unfair dismissal against his former employer. His claim was received by the Employment Tribunal on […]

16 August 2018

We are a society that is living longer; that much is clear. There are currently 12.8 million people above the age of 65 living in the UK. This figure is set to increase and it is predicted that in 2025, the UK will have 15.4 million over 65s. As we are living longer, more of […]

15 August 2018

There are lots of ways a business can incentivise their employees such as pay rises, bonuses, health care, discounted gym memberships and many more.  But how do you ensure that key personnel stay and work with you to achieve your end goal? Offering shares is an increasingly popular way companies choose to incentivise their key […]

14 August 2018

Dan Dowen, commercial solicitor at Berry Smith, provides an update on today’s breaking news. Royal Mail has been found to have breached competition law and, as a result, fined £50 million. Ofcom’s investigation concluded that Royal Mail was abusing its dominant position by discriminating against its only major competitor in delivering business letters. The fine relates […]

9 August 2018

The Federation of Small Businesses (FSB) has called on the UK’s leading companies to address the issue of late payments. FSB Chairman Mike Cherry sent a letter to the leaders of the FTSE 100 companies urging them to lead the way in eliminating late payments that can cause huge cash flow problems for smaller firms. […]

8 August 2018

In the case of Office Equipment Systems v Hughes, the Court of Appeal held that even though the respondent was debarred from contesting liability, they should have been allowed to participate in the remedy hearing. The Claimant, Ms Hughes, issued a claim in the Employment Tribunal for unfair dismissal, sex discrimination, notice pay, holiday pay […]

1 August 2018

In the case of Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that when considering bad faith for the purposes of a victimisation claim under the Equality Act 2010, the primary focus should be on the employee’s honesty and not on their ulterior motive. The Equality Act 2010’s victimisation provisions […]

1 August 2018

In the case of Tarn v Hughes & Ors, yes it was. In this case, the Employment Appeal Tribunal (EAT) held that the Employment Tribunal’s order requiring the Claimant to limit her claims to the ten most serious and recent claims was perverse.   The Claimant, Dr Tarn, was a GP who brought various claims […]

1 August 2018

Breaking up can be hard to do, but Berry Smith Lawyers can help make it as stress-free as possible Q – My partner and I split up 13 years ago after buying a house together four years previously. I have continued to live here and have paid the mortgage ever since. I would like to […]

1 August 2018

If a landlord doesn’t want to carry out repairs on a commercial property unless he has a tenant waiting to move in, is he entitled to have the rateable value reduced? A recent case saw landlord Christopher Shaw appeal after a valuation tribunal refused to reduce the rateable value of one of his business units. […]

1 August 2018

In the case of Matei v Brooknight Guarding Limited, the Employment Appeal Tribunal (EAT) held that a Claimant engaged on a zero hours contract, and deployed to work for a third party, was an agency worker for the purposes of the Agency Workers Regulations 2010.  The Respondent is a security company which employs security guards […]

30 July 2018

Berry Smith welcomes you to its HR breakfast at our Cardiff Office   The session is aimed at HR professionals and managers with HR responsibilities and will be hosted by Rachel Duncan and Carys Strong, Solicitors in the Employment & HR team. Rachel and Carys will provide an overview of recent case law and legislation […]

27 July 2018

In this bulletin, the Berry Smith Healthcare team discusses the importance of a GP Practice having in place a Partnership Agreement along with the issues faced by a Practice having an outdated or badly drafted agreement. No Partnership Agreement Some Practices do not have a Partnership Agreement in place.  This lack of clarity and detail […]

26 July 2018

I regularly receive questions from employers that are worried about falling foul of the laws relating to maternity leave. In this article I answer some of those questions, in an effort to help navigate employers through this heavily legislated area. Does an employee have the right to return to the same job after her maternity […]

25 July 2018

Berry Smith’s Property Litigation Team has recently represented a national property developer in the Court of Appeal, in a case which provides significant clarification on the nature of planning law for proposed retail developments in Wales. Our client proposed to develop a local motorway petrol station into a full roadside service area. However, in August […]

20 July 2018

So, after months of planning, researching the market and potential clients, you’ve established your brand name, your business doors are now open and you are ready to supply your goods and services to the world. The main thought on your mind is probably how long before you make a profit and, I would guess, that […]

18 July 2018

Our team of experts explains the ins and outs of wills and probate What is a will? A Will is a legal document which expresses what you would like to happen to your possessions and assets (commonly know as your estate) on your death. In addition to dealing with what you would like to happen […]

13 July 2018

UK Supreme Court confirms that No Oral Modification clauses are binding.  The Supreme Court recently ruled that clauses which limit a party’s ability to vary a contract, also known as “no oral modification clauses” (NOMs), are binding on the parties. Subsequently, it was held that a proposed oral variation to a contract was ineffective. In […]

4 July 2018

If your brand name or logo is important to you, consider trademark protection When starting up a new business there are so many things to think about, from deciding your legal entity to who provides the office stationary. The mammoth task of decision making required at this stage can be overwhelming and vital considerations can […]

1 July 2018

In the case of Gray v Mulberry, the Employment Appeal Tribunal (EAT) held that if a single employee holds a philosophical belief and is unable to establish a group disadvantage, then they cannot succeed in a claim of indirect discrimination. The employee, Ms Gray worked for Mulberry and was asked to sign an agreement which […]

1 July 2018

In the case of Mr A Haydar v Pennine Acute NHS Trust, the Court of Appeal held that the Employment Appeal Tribunal (EAT) had been right to refuse an extension of time to appeal where the Notice of Appeal had been lost in the post and the appellant had not chased it up promptly. Following […]

1 July 2018

The government has published its White Paper detailing the future relationship between the UK and the European Union following Brexit. On first glance it appears that EU employment laws are here to stay with the paper stating that “the UK proposes that the UK and the EU commit to the non-regression of labour standards” (see page 40, Section […]

1 July 2018

In Lancaster and Duke Ltd v Wileman, the EAT held that where an employee is summarily dismissed for gross misconduct, the employee’s statutory notice entitlement should not be added for the purpose of calculating an employee’s length of continuous service. The Claimant started her employment with the Respondent as a recruitment consultant on 22nd September […]

1 July 2018

The issue of Caste is incredibly complex and one that is difficult to define due to conflicting opinions as to its origin and its links to religion. In the most general sense, Caste systems typically divide people into a social hierarchy which is fixed from birth. Many of those assigned to a Caste have faced […]

1 July 2018

The Court of Appeal held in Royal Mencap Society v Blake, that care workers who were required to sleep at, or near, their workplace, and be available to work if required, were not actually working and were instead only available for work. Therefore, the workers were not entitled to be paid the National Minimum Wage […]

28 June 2018

Nothing can lift your mood like glorious sunshine. Except perhaps when you’re stuck in a hot office or factory on a boiling hot day. So, what does the law say on workplace temperature? Is there such a thing as it being ‘too hot to work’? Can staff wear what they want on hot days to […]

27 June 2018

Our experienced HR and Employment team can provide practical and straightforward training on a wide range of topics that are relevant to your business and staff. These training sessions are intended to be held in private with only people from your organisation present, allowing you to talk freely about issues affecting your business.  This can […]

21 June 2018

In light of the news that Barclays Bank has announced 200 job losses in Cardiff, our Employment Team has considered some of the frequently asked questions regarding large-scale redundancies. What is a collective redundancy? A collective redundancy is when an employer proposes to make 20 or more employees redundant within 90 days. What are the […]

15 June 2018

It is every girl’s dream to own a pair of Louboutin’s. However over recent months, for eminent shoe designer Christian Louboutin, the instantly recognisable design has been the subject of his worst nightmares. The iconic shoe design features a shiny red sole, which has grown to become the brand’s signature. Christian Louboutin created his first […]

15 June 2018

Berry Smith’s Commercial Property team has again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which are being held on Thursday 28th June at Cardiff City Hall. The Commercial Property team is led by partners Martin Pursall and Chris Jones plus consultant Roger Berry, all of whom are […]

13 June 2018

Q – I want to get divorced and don’t fancy the thought of all the paperwork. Is it possible to get a divorce online? A – Yes, and no. The Government is currently piloting an online system that allows anyone wishing to file for divorce/dissolution of a civil partnership to do so online. This system […]

12 June 2018

Katie McColgan, partner and head of the Family team at Berry Smith, looks at some of the most often asked questions about Pre-nuptial agreements Why should someone consider a pre-nuptial agreement? Whilst you should always enter into marriage prepared to emotionally and financially invest to make it work, this important step can provide peace of […]

12 June 2018

Q – I separated from my partner several years ago and have had great difficulty gaining access to my children. Eventually, I was able to obtain a court order setting out the times the children were to spend time with me, but my ex refuses to comply with it. The order says that my ex […]

12 June 2018

Q – Before I met, and later married, my husband of five years, I purchased my home (which I still own in my sole name). I have recently fallen out with my husband and, following a big argument, I asked him to leave. Several days later I agreed to a reconciliation; shortly after my husband […]

12 June 2018

Q – I am currently getting divorced from my husband after 20 years of marriage. Whilst I worked during the marriage, these were mostly secretarial/administrative roles with a low salary. In contrast my husband had his own company, which has been very successful and helped pay for our lifestyle and the home. We are currently […]

7 June 2018

Nearly 70,000 first-time buyers have benefited so far from the abolition of stamp duty on homes costing less than £300,000. The figures, released by the government, cover the period up to 31 March this year, at which date the stamp duty regime changed in Wales. The reliefs for first time buyers still apply in England but […]

6 June 2018

In Quintiles Commercial UK Ltd v Barongo, the Claimant was dismissed on notice for two acts of misconduct as he failed to complete a compliance online training course and failed to attend a compulsory training course. The Respondent took the view that the Claimant’s conduct amounted to gross misconduct initially and dismissed him on notice. […]

25 May 2018

Berry Smith has compiled a useful checklist for organisations to help them determine if they are compliant with GDPR. Are a Data Controller, Data Processor, both or don’t know? Have you carried out a data audit, documented the Personal Data you hold and are aware of:                The reasons for […]

24 May 2018

Following recent announcements from Mothercare and Marks & Spencer to close down multiple stores across the UK, our Employment Partner, Fabio Grech, discusses some of the key issues that arise during large-scale redundancies: How many employees will be dismissed? If 20 or more employees are to be dismissed at one establishment within 90 days, consultation […]

23 May 2018

The Bribery Act came into force 7 years ago, however, we only recently saw the UK’s first contested prosecution of the corporate offence of failing to prevent bribery, with the defendant seeking to rely on the defence of having in place adequate procedures. Under the Bribery Act a commercial organisation is guilty of an offence […]

18 May 2018

On the 25th May 2018 the General Data Protection Regulation (GDPR) will come into force across the European Union and Berry Smith are asking one question: ARE YOU READY? It is essential that businesses understand that it is not enough to just comply with GDPR but they must also be able to demonstrate their compliance. […]

17 May 2018

Berry Smith welcomes you to its HR breakfast at our Cardiff Office. The session is aimed at HR professionals and managers with HR responsibilities and will be hosted by Michael Shutt and Carys Strong, Solicitors in the Employment & HR team.  Michael and Carys will provide an overview of recent case law and legislation and […]

15 May 2018

This week is Mental Health Awareness week and this year’s campaign is focused on stress. We have all experienced stress in some shape or form in our lives and many of us are all too aware of the debilitating effects that stress than cause. A survey conducted by Yougov concluded that in the past year […]

15 May 2018

It is now less than 2 weeks before GDPR goes live, yet many organisations, particularly smaller businesses and companies, are not yet adequately equipped for the changes and challenges they face. Dan Dowen, commercial and IP solicitor, takes a look at recent guidance issued by the European Commission as to how SMEs should be approaching […]

11 May 2018

The Employment Appeal Tribunal (EAT) has held in the case of Bakkali v Greater Manchester Buses (South) Ltd t/a Stage Coach Manchester that a Muslim employee was not subjected to harassment related to religion when another employee asked him whether he ‘still supported Islamic State’ (IS). The claimant, a Muslim man of Moroccan origin who […]

16 April 2018

A door company has been refused a court order to compel a longstanding supplier to continue providing it with products. Vibrant Doors Ltd claimed that after years of business between the two firms, its supplier Rohden UK Ltd suddenly terminated their agreement, without reasonable notice. Vibrant claimed this was unlawful and damaged its business. However, […]

12 April 2018

A commercial landlord has won a dispute with the liquidators of the former BHS retailer over the payment of rent. The issue arose because BHS had entered into a Company Voluntary Arrangement (CVA) to pay reduced rents to landlords of its stores and offices. The agreement contained a clause stating that if the CVA was […]

11 April 2018

Since the introduction of the statutory scheme through the Housing Grants, Construction and Regeneration Act 1996, adjudication has provided a cost and time effective remedy for contractors seeking payment from employers. A form of alternative dispute resolution, an adjudication can be concluded in as little as 28 days with a decision that can be enforced […]

10 April 2018

The government has outlined plans to provide more protection for small and medium-sized businesses who supply companies that become insolvent. It also wants to prevent directors from unfairly shielding themselves from the effects of insolvency. Ministers say that in the worst cases, directors can even profit from business failures while workers and small suppliers lose […]

21 March 2018

A review of inheritance tax thresholds could make it easier for parents to give their children money to buy a home, fund their education or set up a business. Currently, the maximum sum that can be gifted tax free is £3,000 a year. Any additional funds are subject to 40% inheritance tax if the donor […]

20 March 2018

The Equality Act 2010 prohibits discrimination in employment in respect of certain “protected characteristics”. One of these characteristics is disability. In the majority of cases, those who are seeking to claim disability discrimination must satisfy the test for disability under the Equality Act. Namely they must show that they have a physical or mental impairment […]

14 March 2018

Most employers will, at some stage or another, have parted company with an employee by way of entering into a settlement agreement.  Under such an agreement an employee is usually paid a sum of money in return for waiving any potential claims he or she may have against the company. When advising employers and employees […]

8 March 2018

It has been estimated that the ‘Beast from the East’ cost the UK economy £1bn for each day that it wreaked havoc. Since then, we have been, quite literally, snowed under with enquiries from employers looking to mitigate the cost of lost business hours.  It is a thankless task advising clients that (because they didn’t […]

22 February 2018

The Property Litigation Team has successfully represented a commercial property owner in a High Court claim for damages against its former tenant. The tenant was a local authority that had occupied our client’s property (a substantial Georgian property with extensive grounds) under a series of leases stretching back over 40 years. The leases contained repairing […]

21 February 2018

Widespread belief in the myth of common law marriage is putting millions of cohabiting couples at risk of financial hardship if their relationship breaks down. The warning comes from the family law group, Resolution, after it commissioned a survey showing that most cohabitants don’t realise that they don’t have the same automatic rights as married […]

20 February 2018

Can you afford to neglect your Terms and Conditions?  Free, no obligation review of your T&Cs   As part of Berry Smith’s ongoing review of contractual relationships and the need to ensure businesses have appropriate documentation in place, we now turn our attention to identifying some common risks and consequences related to Terms and Conditions […]

12 February 2018

Nick Parker, a dispute resolution partner at Berry Smith Lawyers and a civil and commercial mediator, considers disputes that can arise between shareholders and the options of resolving them. People engaged in business together sometimes disagree with each other. While most disagreements are resolved quickly by the parties themselves, some are more serious and end […]

8 February 2018

In July 2017, Matthew Taylor, chief executive of the Royal Society of Arts, published a report which set out 53 recommendations for reforming employment Law.    The government has finally published its response, and it has accepted nearly all of the proposals, while setting out its ‘Good Work’ plan. In its response, the government makes […]

7 February 2018

Nearly two out of three adults in Britain do not have a valid will, according to a survey carried out by MacMillan Cancer Support. The charity surveyed more than 2,000 people and found that 63% had not made a will, including 42% of people over the age of 55. The survey also uncovered various “will […]

24 January 2018

The Electronic Communications Code (“the Code”) was initially introduced in 1984 to provide a statutory basis for telecommunication companies to place landline telephone equipment on third party property and amended in 2003 to include all electronic communications.   The Code regulates the relationship between landowners and network operators.  As a result of the desire to allow […]

19 January 2018

2018 promises to be another busy year for employment law.  Here are some key developments to be aware of. Taxation of termination payments – From April 2018, all payments made in lieu of notice will be subject to income tax and national insurance.  Currently, such deductions are not necessary where there is no contractual right […]

16 January 2018

A wife has lost her appeal against an unequal divorce settlement that gave her less than half the money awarded to her husband.   The couple had been married for 23 years and had two adult children. At the start of the marriage, the husband had considerable wealth, while the wife had very little.   […]

15 January 2018

There’s been a rise in the number of firms experiencing financial difficulties as the rate of business growth slows to its lowest level in four years.   Research by the insolvency and restructuring trade body, R3, found that the number of companies reporting one or more signs of growth fell to 53% in September 2017, […]

12 January 2018

On a daily basis in the UK, consumers are faced with extra fees when paying by credit or debit card for a wide variety of goods and services.  These ‘surcharges’ are often put in place by law firms, ticket providers and companies in many other sectors, to reflect the additional fee which they themselves must […]

11 January 2018

With Article 50 triggered on 29th March 2017, and ongoing negotiations about hard or soft Brexit not having come to any conclusion, and deadlines being set by each side in what has been described as the UK’s desired divorce from Europe, one has to wonder how this will impact on families in the UK. Whilst […]

9 January 2018

Entering a New Year is always a good time to take stock…of our careers, our work and, of course, our lives in general.   At the centre of it all must be our families; everyone wants to protect their loved ones, both now and in the future.   There are many ways to do this […]

8 January 2018

What is an earn-out? The term ‘earn-out’ is used to describe an agreement between the buyer and seller of a Target Company whereby at least part of the consideration is determined by reference to future profitability of the Target Company for a specified period after completion. Typically, the arrangement would be structured so that part […]

11 December 2017

Whilst people are excited about the first snow fall of the year in many places across the UK this week, many employers will be dealing with the difficulties which this can cause and so we have set out some frequently asked questions and answers:   Q: If my employees do not attend work because of […]

6 December 2017

Berry Smith are delighted to have advised Jon and Fay Collingbourne on their sale of Newport Auctions Limited to Wilsons Auctions Limited.                 Emma Borrington eborrington@berrysmith.com