News

5 December 2017

Getting married abroad? Q. I have recently got engaged and my fiancée wants us to get married abroad. My friends were telling me horror stories about marriages abroad, even saying that the wedding may not be recognised when I return to Wales. Am I being over anxious? A. Whilst reported cases continue to make the […]

1 December 2017

With the recent announcement of their engagement, and with the wedding set for May 2018, lots of changes have been taking place. Meghan Markle has quit her job on Suits, moved to London and will even be baptised shortly into the Church of England before tying the knot next year. One has to wonder whether […]

29 November 2017

The law governing the writing of wills needs to be updated to reflect modern understanding of dementia and mental capacity. The government should also consider the introduction of electronic wills and reduce the age for making a will from 18 to 16. Those are some of the recommendations from the Law Commission in a public […]

28 November 2017

First Minister Announces Launch of Overseas Plan at Cardiff School of Management Annual Event which is supported by Berry Smith First Minister Carwyn Jones has announced the expansion of the Welsh Government’s overseas operations to boost trade and inward investment post-Brexit. Speaking on Wales after Brexit at The Forum annual lecture, he revealed how the […]

17 November 2017

Good cash flow is the life blood of any business so it’s essential to monitor overdue invoices and act quickly to ensure payment. Failure to act promptly could mean your firm incurs damaging losses if a defaulting customer becomes insolvent and can’t afford to pay you. There are several early signs that a customer may […]

10 November 2017

If you’ve worked hard to build up a successful business it’s only natural that you wish to hand it on to your sons or daughters. However, there are several risks involved. In some ways, succession plans involving family members are more likely to cause problems than handovers involving complete strangers. With strangers, people tend to be […]

9 November 2017

Q. I separated from my husband two years ago. I have an 18 year old daughter in college. My husband thinks he doesn’t have to give me any more maintenance now she has turned 18. Is this correct? She is still in college for another year. A. If payments are being made through the Child […]

8 November 2017

At a trial heard last week in the Chancery Division of the High Court, Berry Smith’s Property Litigation Team successfully obtained damages of almost £200,000 and an order for costs on behalf of our client. Our client had purchased a property with her daughter and son in law (“the Defendants”).  It had been agreed that […]

3 November 2017

Contracts should always specify the precise details of the terms and conditions relating to payments, duties, timescale etc. However, sometimes the courts can rule that a term is implied in an agreement even though it hasn’t been put in writing, as happened in a recent case involving the sale of land. The seller gave a […]

31 October 2017

A director has succeeded in recovering money from the estate of a colleague who breached his legal duty by diverting funds and business opportunities to a rival company. The case involved two directors, Nigel Clegg and Andrew Pache, who were joint shareholders in a company trading steel. Clegg alleged that from 2004 until shortly before […]

23 October 2017

Child Maintenance – Answering your questions Q. My ex-husband and I managed to go through our divorce amicably and, as part of our financial order, agreed that he would pay child maintenance over and above what he was told he should pay by the Child Maintenance Service online calculator. He since changed his mind and […]

19 October 2017

October brought World Mental Health Day 2017. This year’s theme was all about tackling the issue of mental health in the workplace. It is estimated that 1 in 4 people will experience some kind of mental health problem each year.  Worryingly 9 out of 10 of those people believe there is a stigma attached to mental […]

17 October 2017

Has an important family relationship broken down – Answering your questions Q. Four years ago my daughter-in-law died leaving four children. I looked after the youngest two in the school holidays and at the weekends. This went on for several years until there was a minor disagreement with my son’s new girlfriend, after which I never […]

16 October 2017

We Can Add Value to your Business Free, no obligation review of your terms and conditions Berry Smith is one of the few law firms in Wales with a dedicated commercial contracts team. We offer a wealth of experience on a wide range of commercial matters in a variety of different sectors. Contractual relationships are […]

11 October 2017

Are you aware that the Intellectual Property within your business is a highly valuable asset, with the potential to generate income? Intellectual Property is an intangible asset which protects the application of ideas and information of commercial value. It is considered a key tool that enables businesses to safeguard their unique assets whilst providing an […]

11 October 2017

BBC Presenter and Broadcaster Sian Lloyd with Andrew Follant, Managing Director of Kontroltek Ltd, winners of Service Business of the Year 2017, and Alison Hoy of Berry Smith who sponsored the award. The winners of the fifth annual Bridgend Business Forum Awards 2017 were revealed at a glittering gala dinner and awards celebration held at the Coed-y-Mwster Hotel, […]

4 October 2017

The so called ‘gig economy’ has seen a host of cases before the Employment Tribunal in recent times, the key question being whether the individuals engaged are self-employed contractors or workers. Self-employed contractors have no employment rights, whereas workers are entitled to be paid the National Minimum Wage and holiday pay amongst other things. Recent […]

2 October 2017

A bank was being unrealistic when it brought a professional negligence claim for £750,000 against a firm of quantity surveyors. That was the decision of the High Court in a case involving the Bank of Ireland and the Watts Group plc. The bank agreed to lend £1.4m to a company to develop a city centre […]

27 September 2017

The corporate finance team at Berry Smith has acted in respect of the sale of Clarks Modular Buildings Limited to the management team. Clarks Modular Buildings is based in Cardiff and provides a bespoke service of design and installation of modular buildings to customers nationally. It has a varied customer base which includes the education, […]

26 September 2017

Berry Smith’s Corporate Finance team has been shortlisted for Legal Team of the Year at the Insider 2017 Wales Dealmakers Awards, which are being held on 28th September in Cardiff. In addition to being nominated for Legal Team of the Year, Berry Smith have also been directly involved with clients who have themselves been nominated […]

22 September 2017

A landlord who temporarily transferred ownership of a block of flats to his wife has won his appeal in an enfranchisement case. The court heard that in 2004, the landlord’s tenants gave initial notice of their intention to exercise their legal right to acquire the freehold of the property. The landlord served a counter-notice disputing […]

21 September 2017

A contractor has been ordered to pay £14.7m in damages after installing faulty glass in the former London Stock Exchange building. The High Court was told that the Exchange had been developed by the contractor under a design and build contract dated January 2006. The building featured a 26-storey tower clad with toughened glass panels […]

20 September 2017

The Equality Act 2010 expressly provides that compensation for discrimination may include (or be made up entirely of) compensation for injured feelings. An award for injury to feelings is separate from an award of compensation for financial loss. A claimant can therefore recover injury to feelings even when they have suffered no financial loss. On […]

15 September 2017

The High Court has enabled a family to take over the ownership and running of a company after the owner died. The case involved a cleaning services company in Lancashire. The owner had left the business in his will to his family. After his death, the company continued as a going concern under instructions from […]

8 September 2017

Landlords: Be aware of EPC Rating Changes. The Energy Act 2011 requires landlords to meet the “Minimum Energy Efficiency Standard” (MEES) for both domestic and non-domestic properties. This means that all rented properties will need to have a minimum energy performance rating of “E” and that properties with an “F” or “G” rating will be […]

8 September 2017

Employee’s privacy in the work place: In a very interesting development in the case of Barbulescu v Romania, a decision made by the European Court of Human Rights (ECHR) in January 2016 has been overturned. The ECHR decided that a Romanian employer had acted fairly when it monitored an employee’s Yahoo account, which was being […]

7 September 2017

Premature Births: Your Employer’s Position. Having a child is usually a time for celebration and generally employers are comfortable with their obligations regarding maternity and paternity leave.  However, sadly still-birth is not uncommon, and babies are often born prematurely or with conditions requiring medical intervention. These topics continue to be taboo in many environments, with […]

6 September 2017

Lasting Powers of Attorney – Why you should still have one   Should we still have the Lasting Powers of Attorney? The recent comments by a retiring Judge of the Court of Protection criticising the use of Lasting Powers of Attorney have been widely highlighted in the media.  Denzil Lush was the Senior Judge of […]

4 September 2017

The Employment Appeal Tribunal has dismissed an appeal by Asda in an ongoing equal pay case. Although the appeal relates to a technical preliminary issue, it has far reaching implications. The case, Brierley and others v Asda Stores Ltd began in 2008 and it has been reported that the value of the claim is £100m. […]

31 August 2017

Nick Parker, a dispute resolution partner at Berry Smith Lawyers, considers the issues that can arise with customers, suppliers and competitors, as well as the possibility of shareholder or partnership disputes. Many businesses face the prospect of a legal dispute from time to time. Issues can arise with customers, suppliers and competitors, as well as […]

31 August 2017

Berry Smith welcomes you to its HR breakfast at our Cardiff Office This event is aimed at HR professionals and managers and will be hosted by Fabio Grech, Partner, and Jennifer Pinder, Senior Associate, of our Employment & HR team. Fabio and Jennifer will provide an overview of recent case law and new legislation along […]

23 August 2017

A developer who failed to co-operate in seeking additional planning permission for a proposed tower block has been ordered to pay damages to the company selling the site. The seller had obtained planning permission to construct a 34-storey tower on a large site. The grant was subject to a s.106 agreement, under which the seller […]

22 August 2017

The UK200Group is the UK’s leading membership association of independent chartered accountancy and law firms, whose members act for over 150,000 SMEs and private clients. Declan Swan, CEO of the UK200Group said; “I am delighted that leading law firm Berry Smith have joined the UK200Group. With offices in Cardiff and Bridgend, Berry Smith bring a […]

17 August 2017

Berry Smith was proud to continue its longstanding sponsorship of two prizes for the academic achievements of law students graduating from the University of South Wales. Berry Smith’s Dispute Resolution department sponsored the award for the Best Performing Student on the MLaw (Legal Practice) Course which was won by Evie Griffiths. Rueben Agyenim received the […]

17 August 2017

On Wednesday 11 October 2017, Dr Philip Griffiths, Senior Consultant Solicitor at Berry Smith Lawyers, will be holding a free breakfast seminar focusing on the implications of the new GDPR and the opportunities it brings for compliant organisations The Data Protection Act 1998 will be replaced in the UK and across Europe by the new […]

16 August 2017

In the role as manager of a company, a director is exposed to numerous claims for personal liability arising from potential wrongdoing.  This can include liability for breach of their general duties under the Companies Act 2006 (CA 2006), liability to third parties for misrepresentation or to the company’s employees for discrimination etc. In this […]

14 August 2017

More than 30 of the government’s biggest suppliers have voluntarily committed to pay 95% of invoices within 60 days – and to work towards adopting 30 days as the norm. The commitments are part of the Prompt Payment Code (PPC) initiative, which aims to ensure that small businesses are paid on time. The PPC sets […]

11 August 2017

Government plans to ban leasehold sales of new houses The government has announced plans to clampdown on unfair practices involving leasehold homes. The measures include a ban on new build houses being sold as leaseholds as well as restricting ground rents to as low as zero. Leaseholds generally apply to flats with shared spaces, but […]

8 August 2017

Emma Borrington, partner at Berry Smith, highlights some initial thoughts when considering the sale of your business. When it comes to the time for you to sell your business, whether that be through retirement or moving onto new ventures the thought of your exit can be a daunting prospect. A recent report by the Welsh […]

4 August 2017

The Employment Appeal Tribunal (EAT) has ruled in the case of Dudley Metropolitan Borough Council v Willetts (and others) that voluntary overtime must be included in holiday pay. What this means for your business? This is a significant case as it is the first time the EAT has heard cases relating to purely voluntary overtime. Previous […]

31 July 2017

Lord Justice Jackson today published his long-awaited report into the recoverability of costs in civil litigation. It promises to mark the latest in a line of reforms to the civil justice system as it is likely to lead to potentially significant changes being introduced within the next 12 months. Traditionally, the civil justice system has operated […]

26 July 2017

A monumental Supreme Court decision has just held that Employment Tribunal fees (which were introduced by the Government in July 2013) are unlawful, following a protracted legal challenge by the trade union, Unison, who were supported by the Equality and Human Rights Commission Tribunal fees have been controversial ever since they were introduced, where (depending […]

24 July 2017

More than 79,000 businesses in the UK say they would not be able to repay their debts if interest rates were to rise by even a small amount. That’s an increase of nearly 60,000 since last September. The figures are based on a long running survey conducted by the insolvency and restructuring body, R3. Its […]

20 July 2017

Berry Smith is delighted to have advised Cwmbran based technology company, Hudman Limited, on its sale to Advanced Computer Software Group, the UKs third largest software and services company Hudman provides cloud-based Enterprise Resource Planning (ERP) software for manufacturing, engineering and construction industries and has an established track record with a small yet proven customer […]

19 July 2017

Berry Smith are delighted to have advised Aircraft Maintenance Support Services Limited (AMSS) on their sale to American company JBT Corporation for approximately £10 million. The family-owned, Bridgend-based business was founded 40 years ago by Duncan Barber and manufactures and maintains ground support equipment. JBT Corporation, listed on the New York Stock Exchange, is a […]

17 July 2017

Berry Smith is delighted to have advised on the merger between the wholesale electrical supply businesses of Bridgend based Total Electrical Distributors and Templegate Electrical Supplies, headquartered in Bristol, which was part of the acquisition of Templegate by Morris McLellan Limited, part of the JW Morris Group Under the terms of the deal, the enlarged […]

11 July 2017

Directors need to be clear about repayment terms when borrowing money from their company or using their loan account. Failure to do so could result in being obliged to pay back large sums before they are ready to do so, as happened in a recent case before the High Court. The issue arose due to […]

10 July 2017

A company has been awarded £176,000 damages after an employee leaked sensitive information to rival firms. It has also been given permission by the Court of Appeal to pursue further compensation. The case involved Vanden Recycling Ltd, one of its employees and two rival businesses, Kras and Bolton. Vanden alleged that the employee had been […]

5 July 2017

Families in the UK have paid more than £5 billion inheritance tax in a single year for the first time ever. The record figure reflects the increasing value of estates, largely fuelled by rising house prices. HMRC says that £5.1 billion was collected through inheritance tax receipts in the 12 months to May. That was […]

3 July 2017

A judge was not at fault when he exercised his discretion to award a woman a £4.25m divorce settlement based on her “needs”. That was the decision of the Court of Appeal in a case involving a couple who had been married for two years but had a relationship stretching over nine years. The husband […]

29 June 2017

A landlord has lost a dispute with his local housing authority over the licensing of two of his properties that had been renovated without planning permission. The issue arose out of Part 3 of the Housing Act 2004, which provided for the selective licensing by local housing authorities of private-sector housing in particular areas. In […]

20 June 2017

Partner and head of our employment and HR team, Fabio Grech gives some useful guidance on conducting protected discussions with a view to reaching an amicable parting of the ways when the employment has run its course. Frequently, employers and employees may get to a point where ‘the writing is on the wall’ and it […]

20 June 2017

In a unique development, two forward thinking and innovative law firms, Berry Smith LLP, based in Cardiff, and Leipzig based GRUENDELPARTNER, have combined their resources and formed a new collaborative partnership. Andrew Bound and Steffen Fritzsche, partners at Berry Smith and GRUENDELPARTNER, respectively, met in Cardiff to formalise the partnership agreement. This new concept will […]

20 June 2017

The Land Transaction Tax and Anti-avoidance of Devolved Taxes Bill received Royal Assent on 24 May 2017 having been introduced into the National Assembly for Wales on 12 September 2016.  The Bill outlines proposals to introduce land transaction tax (LTT), which will replace Stamp Duty Land Tax (SDLT) in Wales from April 2018 The new […]

20 June 2017

Most organisations encounter disputes from time to time.  These often relate to disputes with an external party (such as a customer, supplier or competitor), or are internal – such as disputes between business owners or a former employee. Our specialist Dispute Resolution team deals with a wide range of disputes for a variety of organisations […]

16 June 2017

Berry Smith’s Commercial Property team has been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which are being held on 29th June in Cardiff. The Commercial Property team is led by the two Partners, Martin Pursall and Chris Jones, and consultant Roger Berry, who are all recommended in the […]

12 June 2017

The High Court has overturned a major mistake made by directors that would have had serious consequences for their company and its shareholders. The problem arose because one of the directors had terminal cancer. The company was indebted to him for £600,000 and it was believed that upon his death, that amount would become immediately […]

8 June 2017

The High Court has allowed Bombardier Transportation to examine confidential documents after it alleged that it had been treated unfairly in a public procurement exercise. The issue arose after the company failed to win a £460m contract to supply trains to Merseytravel. The court heard that such contracts attracted the same group of tenderers, who […]

5 June 2017

A deceitful director who lied about her company’s ability to pay a supplier has been found personally liable for damages of £1 million. However, her former husband who was her fellow director, was not liable as he knew nothing about the disputed contract. The woman and her former husband were equal shareholders in a company […]

2 June 2017

The problems that can arise if a person fails to keep their will up to date was highlighted in a recent case involving a deceased man’s estranged wife and his new partner. The man had separated from his wife in 1994 but they did not divorce. Shortly after the separation, he began living with his […]

31 May 2017

A building firm has won a dispute over a £700,000 payment after the High Court upheld a decision made by an adjudicator. The firm had been contracted by some developers to provide pre-construction services for a proposed retirement village. Once the work was complete, it submitted an invoice but didn’t receive payment. The firm then […]

26 May 2017

A director who channelled substantial payments from his family’s businesses to a new company he had set up on his own has been ordered by the High Court to repay the money with interest. The case involved two brothers and their extended family. One of the brothers started making unauthorised gifts and loans to his […]

24 May 2017

The Court of Appeal has ruled that divorce settlements don’t have to try to enable each partner to maintain the same living standards they enjoyed during marriage. Mr Justice Moylan said he did not agree that “need should be met at a level similar or comparable to the standard of living during the marriage”. He […]

23 May 2017

The terms of a rental agreement that would have meant fashion designer Vivienne Westwood having to pay an extra £100,000 on her flagship store in Mayfair were too severe to be enforceable, the High Court has ruled. Vivienne Westwood Ltd leased the premises from Conduit Street Development Ltd in 2009 on a 15-year term with […]

17 May 2017

GDPR SEMINAR – THURSDAY 25 MAY 2017 On Thursday 25 May 2017, Dr Philip Griffiths, Senior Consultant Solicitor at Berry Smith Lawyers, will be holding a breakfast seminar focusing on the implications of the new GDPR and the opportunities it brings for compliant organisations The Data Protection Act 1998 will be replaced in the UK […]

12 May 2017

Whether you are buying a new home, selling your current one, or you are an investor, we recognise that the legal process can be complicated and stressful. This is where Berry Smith’s experienced team can help. We will expertly guide you through the stages required for buying or selling your home, keep a careful eye […]

9 May 2017

Businesses and professionals need to take care when giving their services free to friends because they could find themselves facing a negligence claim if things go wrong. That is what happened to an architect in a recent case that has gone all the way to the Court of Appeal. The issue arose after the architect […]

26 April 2017

The Land Transaction Tax and Anti-avoidance of Devolved Taxes Bill was introduced into the National Assembly for Wales on 12th September 2016. The Bill outlines proposals to introduce Land Transaction Tax (LTT), which will replace Stamp Duty Land Tax (SDLT) in Wales from April 2018. The new proposals for LTT are part of the Welsh Government’s […]

11 April 2017

As part of its long-term plan of continuous improvement, Berry Smith is proud to announce that there have been a number of recent changes including promotions, new qualifications and a new starter. We are pleased to welcome Derek Holbrook who joins Berry Smith as Finance Manager. Bristol born Derek began his career in a law […]

3 April 2017

The landlord of a holiday park has won a legal dispute with chalet tenants over service charges. The tenants held long leases that obliged them to pay whatever the landlord “may reasonably require on account” by 31 December every year to maintain and manage the park. The lease specified that the service charge was to […]

30 March 2017

A Welsh automotive company is expanding into Vietnam in a multi-million pound move. Waldon, in the Rhondda Valley, is to open a wholly-owned subsidiary in Ho Chi Minh City with the long term plan of manufacturing parts for cars and selling them to car-makers and system suppliers worldwide.  Welsh solicitors Berry Smith have played a […]

27 March 2017

The government is pressing ahead with its plans to make large businesses report on how quickly they pay their suppliers. Ministers believe the move will help smaller firms to grow and prosper. It comes as the latest figures show that SMEs are owed £26.3 billion in overdue invoices. From April this year, large companies and […]

22 March 2017

The forthcoming changes in the inheritance tax allowances that apply on death (potentially £1 million free of tax by 2020) are to be welcomed but these do not necessarily signal a movement towards further reduction in the taxes payable when someone dies. The fees payable to the Probate Registry to obtain a grant of probate […]

20 March 2017

On Thursday 23 March 2017, Fabio Grech, Partner and Head of the Employment and HR team at Berry Smith LLP, will be presenting at a seminar run in partnership with the Wales Quality Centre and Bridgend Business Forum at The Waterton Centre, Bridgend, CF31 3WT. Places must be booked in advance, to book your place please click on […]

17 March 2017

Following an initial announcement in the 2015 summer budget, a new apprenticeship levy comes into force with effect from 6th April 2017.  The levy is payable at a rate of 0.5% of an employer’s total wage bill and applies to all employers in the UK, across all industries and sectors, and is payable regardless of […]

15 March 2017

More than 350 employers have been ‘named and shamed’ for failing to pay the national minimum wage rates. It’s the largest list of its kind so far produced by the Department for Business, Energy and Industrial Strategy and names 360 businesses that underpaid 15,520 workers a total of £995,233. Employers in the hairdressing, hospitality and […]

7 March 2017

These days, it is understandably common when parties get together over a mutual interest and then spot a business opportunity which they think they could profitably develop together. A joint business may be set up either as an equal partnership or an equal shareholding in a limited company and, of course, there are also many occasions when a business is […]

2 March 2017

Inheritance tax, of all the taxes, is seen by many people as punitive in various ways but often because it is seen as a “second” tax.  When advising clients, I often hear the phrase “I have paid tax all through my life and I have to pay it again when I die!” The government’s refusal […]

17 February 2017

The Small Business, Enterprise and Employment Act (SBEE) received Royal Assent in March 2015. Almost two years on and the vast majority of the SBEE has now been phased in gradually, which has had numerous implications for companies. In this update we will break down the main corporate aspects of the SBEE and the current […]

16 February 2017

A woman has established her legal right to have contact with her niece who lives abroad with her father. The court heard that the girl’s mother, who was English, had met the father while visiting Corfu. She moved there to live with him and they were married. The girl was born in 2007. The marriage […]

2 February 2017

The eagerly anticipated outcome of the Ministry of Justice’s (MOJ) review into the introduction of Employment Tribunal fees has been published. It’s finding that there is “no conclusive evidence that individuals are prevented from pursuing claims” is likely to be controversial.  The MOJ does however concede that individuals may be “discouraged” as a result of […]

31 January 2017

Our professional negligence team have successfully represented co-owners in a claim for professional negligence against their former solicitors who acted for them in the acquisition of their family home. The property consisted of a detached house with a large plot of land to the rear (including an Olympic sized manége).   Several years after the purchase […]

31 January 2017

A husband who failed to disclose all his assets when negotiating a divorce settlement has been ordered to pay his wife an extra £1.6m. The couple were both teachers when they got married in 1984. The husband began a business in 1988. He owned 99 of the 100 shares and his wife had the other […]

31 January 2017

A man has been told he’s liable to pay costs of £44,000 because of his unreasonable behaviour in a family dispute over his stepfather’s will. The case involved the stepson and the stepfather’s daughter and son. The stepson had looked after the father’s finances in the last 12 months of his life. Following the father’s […]

30 January 2017

Following a petition signed by more than 150,000 people calling for the law to be changed to make it illegal for a company to require its female staff to wear high heels at work, an inquiry by the Petitions Committee and Women and Equalities Committee was recently undertaken and the report was published last week. […]

26 January 2017

We often get instructed when employers reach the end of their tether with a poor performer.  When we advise what a performance process involves, we are often met with resistance because there’s neither the time nor inclination by that stage.  This invariably leads to discussions over redundancy as an alternative option.  Performance process In summary, […]

20 January 2017

AIB Bank made a claim against a firm of solicitors for failing to protect its interests when the bank lent purchase monies to the purchaser of a property.  The solicitors acted for both the purchaser and the bank. The purchasers had a pre-existing mortgage with Barclays Bank and it was a condition of AIB’s loan […]

12 January 2017

Medical advances and better health education mean people are enjoying longer and more active lives than ever before. There are still risks, however. With more people living into their eighties and nineties, there are a rising number of dementia cases. According to the Alzheimer’s Society, more than a million people in the UK will be […]

10 January 2017

New proposals have been put forward to streamline and speed up the process of buying and selling a home. The new ideas are contained in a discussion document called Modernising the Home Moving Process, which has been drawn up by the Conveyancing Association. The White Paper focuses particularly on the benefits to be gained from […]

9 January 2017

Leading family lawyers are calling on the government to provide new legislation to protect the rights of cohabiting couples. The latest figures from the Office of National Statistics show that there were 3.3 million cohabiting couple families in the UK in 2016, more than double the number recorded in 1996. They are now the fastest […]

5 January 2017

Hardly a week goes by without yet another story of a business being subject to cyber-attack in the news. While the most newsworthy are invariably the larger attacks on well-known names such as Talk Talk or Yahoo, the sad fact is that cyber-attacks are prevalent on businesses of all sizes, and often Small and Medium […]

4 January 2017

More than 6 out of 10 people prefer to have a qualified solicitor to write their will so they can be confident that it’s done properly, according to new research.   A survey carried out by Will Aid, the organisation that encourages people to leave some of their estate to charity, found that 62% of […]

3 January 2017

A company that lost thousands of pounds worth of stock in an arson attack has won its claim of professional negligence against its insurance brokers. The court heard that the company used a former church to store amusement arcade machines and to carry out maintenance work on them. An insurance policy covering the premises and […]

15 December 2016

  With the festivities in full swing, too many employers will be letting their guard as well as their hair down this Christmas. The aftermath of the Christmas party can be open season for employment claims.  In legal terms, no other time of year should come with quite so many health-warnings.  We set out some tips […]

15 November 2016

The Rt Hon Alun Cairns gives 5th Annual Lecture of The Forum at Cardiff Metropolitan University. Welsh Secretary Alun Cairns has urged leaders from all sectors of Wales to keep seeking opportunities in Europe and beyond in spite of the Brexit result. Mr Cairns made the call in The Forum’s fifth Annual Lecture. The Forum […]

15 November 2016

On Thursday 15th September, Berry Smith LLP celebrated its 30th Anniversary with a gala dinner at the Royal Welsh College of Music and Drama. The celebrations revolved around legal and musical themes with significant contributions from Clive Coleman, the BBC’s Legal Correspondent, the Drum Waiters, a highly innovative percussion group, and students from the college […]

31 August 2016

An increasing number of consumers are defaulting on payments even though they have sufficient funds to cope, according to recent research. A survey of 1,500 people carried out by Echo Managed Services found that 48% had withheld payments because of customer service or billing issues. Nearly 1 in 8 people had refused to pay an […]

30 August 2016

A court has ordered that a nine-year-old girl who was abducted by her father should be returned to her mother. The case involved an English father and a Polish mother who had separated after a long relationship. Following a dispute over their daughter’s residence, the English court declared that the child had become habitually resident […]

22 August 2016

A wife has been awarded more than £1.5m in a divorce settlement that acknowledges her contribution to the marriage but protects the wealth her husband had accrued before they met. The case involved a husband and wife, currently aged 83 and 67, who began cohabiting in 1998 and married in 2000. At the time of […]

19 August 2016

The regulation obliging companies to declare to Companies House who owns or controls them has now come into force. The People with Significant Control register became operative on 30 June 2016. It includes information about the individuals who own or control companies including their name, month and year of birth, nationality, and details of their […]