News

Dispute Resolution – the First Steps

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 […]

Berry Smith – Shortlisted for Property Law Firm of the Year

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 […]

Court corrects blunder made by well-meaning company directors

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 […]

Unsuccessful tenderer allowed to examine confidential information

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 […]

Deceitful director personally liable for £1m damages

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 […]

Wife wins appeal over share of estranged husband’s estate

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 […]

Building firm wins £700,000 payment dispute with developers

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 […]

Director must repay unauthorised gifts and loans with interest

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 […]

Divorcing wife loses appeal to maintain marital living standards

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 […]

Landlord’s terms judged too severe in Vivienne Westwood case

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 […]

GDPR: The new General Data Protection Regulation – What every CEO needs to know

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 […]

Buying or Selling your home

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 […]

Architect faces negligence claim despite giving services for free

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 […]

Land Transaction Tax to Replace Stamp Duty Land Tax in Wales

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 […]

Berry Smith – Expanding and Improving

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 […]

Landlord wins dispute over holiday home service charges

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 […]

Rhondda firm expands to Ho Chi Minh City – Supported by Berry Smith LLP

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 […]

Late payment reporting will help small businesses prosper

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 […]

Probate Fees Rise – Is the Government giving with one hand and taking away with the other?

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 […]

Are you fully up to date with key developments in employment law?

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 […]

The apprenticeship levy, is your business ready?

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 […]

Record number of employers named for underpaying workers

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 […]

What happens when a Husband and Wife are more than just domestic partners and things go wrong?

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 […]

£1 million free of tax on death by 2020 (not necessarily!)

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 […]

Small Business, Enterprise and Employment Act 2015 – an update

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 […]

Woman wins appeal over contact arrangements with her niece

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 […]

Ministry of Justice review downplays impact of Employment Tribunal fees

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 […]

Professional negligence team rectifies defective title

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 […]

Husband ordered to pay wife an extra £1.6m in divorce settlement

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 […]

Man must pay £44,000 in family dispute over stepfather’s will

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 […]

Keeping up appearances …. pitfalls for employers

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. […]

Capability-v- redundancy. Need it be a performance issue?

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, […]

Solicitors Negligence and Repayment of Mortgages

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 […]

How the law can help when loved ones lose mental capacity

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 […]

New plans to streamline the buying and selling of homes

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 […]

Rights for cohabiting couples is long overdue say lawyers

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 […]

Cyber-attacks on business

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 […]

Most people prefer to have a solicitor write their will

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 […]

Company wins £360,000 negligence claim against brokers

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 […]

Christmas Do’s (and Don’ts) for Employers

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 […]

Welsh Secretary Delivers Berry Smith Supported Annual Lecture

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 […]

30 Years and still going strong

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 […]

Many consumers ‘defaulting over billing and poor service’

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 […]

Court orders that abducted girl should be returned to her mother

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 […]

Wife awarded share of husband’s business in divorce settlement

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 […]

Companies must now declare who owns or controls them

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 […]

Family amend trust to give rights to partners of gay descendants

18 August 2016

A family has amended a trust to ensure that if any of their descendants are gay, their partners will have the same rights as heterosexual spouses. The Pembertons have lived at Trumpington Hall in Cambridgeshire for three centuries. The hall has often been used for as a location for films and TV programmes such as […]

Agent awarded £500,000 damages in breach of contract case

17 August 2016

An agent for a software company has been awarded nearly £500,000 in damages and commission following a breach of contract dispute. The issue arose after the agent entered into an agreement to promote the company’s products. The company became dissatisfied with his work and gave him 90 days’ notice of termination in accordance with the […]

Safeguard your future with a lasting power of attorney

15 July 2016

People are being urged to safeguard their future as the population ages by taking out a lasting power of attorney (LPA). The Law Society says that with people living longer, it’s vitally important that we plan ahead because there may come a time when we can no longer make vital decisions about our finances and […]

House prices in the UK rose by more than 8% over the last year

14 July 2016

House prices across the UK rose by 8.2% in the year to April, bringing the value of an average property to £209,054. On a monthly basis, prices rose by an average 0.6% between March and April. Looking at England alone, there was annual price increase of 9.1%, which takes the average property value to £224,731. […]

Family company wins dispute over £35m investment

13 July 2016

A family company has won a dispute over a £35m investment that a businessman claimed had been given to him as a gift. The family had signed an agreement with the businessman to fund half of a deposit to secure a contract for the supply of oil. He had claimed to be able to secure […]

Fingerprint expert wins unfair dismissal claim against police

11 July 2016

A fingerprint expert who was sacked after making a mistake has won her unfair dismissal claim against the police. Fiona McBride was one of four specialists who said a fingerprint found at a crime scene was that of an investigating officer who had been told to stay away from the premises. This turned out to […]

Moratorium for failing businesses could ‘damage creditors’

8 July 2016

  A government proposal to have a 90-day moratorium for failing businesses could have serious consequences for creditors, according to the Chartered Institute of Credit Management (CICM). The warning comes from CICM Chief Executive Philip King in response to a review of the corporate insolvency framework being undertaken by the Insolvency Service (IS). One of […]

Tycoon agrees to pay ex-wife £300,000… 20 years after divorce

6 July 2016

A businessman who earned all his wealth several years after divorcing his wife has agreed to pay her £300,000 in a belated settlement. Dale Vince and Kathleen Julie Wyatt separated in 1984 when they were both in their early 20s. They divorced in 1992. Mr Vince was penniless at the time but went on to […]

Berry Smith support RNLI’s Sail Day

6 July 2016

Berry Smith sponsored 2 yachts at this year’s sail day.  The 15 mile race started at Penarth Pier and the course plotted a route across the Bristol Channel. Over 20 yachts took part, helping the RNLI to raise over £24,000 at one of its largest fundraising events in South Wales.    Tiger II   Image […]

EU employment directives remain in place during Brexit process

4 July 2016

The referendum vote to leave the European Union could have a significant effect on UK employment law although there will be no change in the short term while the Brexit process is taking place. It means EU law relating to matters such as TUPE, Working Time Regulations and Agency Workers will still apply over the […]

The EU Referendum and its impact on businesses

27 June 2016

Businesses face a period of dealing with uncertainty as a consequence of the result of the EU Referendum. We can assist in advising on likely legal implications as a consequence of the decision, and implementation of changes that arise over time. At this stage we set out an overview of the main issues at present. […]

Charities to invest an extra £100m in research into dementia

22 June 2016

The Alzheimer’s Society and Alzheimer’s Research UK are each donating £50m to the new Dementia Research Institute (DRI). The investment is in addition to the £150m already pledged by the government.  The DRI is expected to be up and running by 2020. It will have a central UK hub with a network of regional centres […]

Court resolves dispute between former partners over sale of flats

21 June 2016

The High Court has resolved a dispute between former partners over the sale of a block of flats worth between £3m and £4m. The case involved three partners whose relationship broke down in 2014. The partnership’s main asset was a large apartment block comprising of just over 100 leasehold flats. An independent valuation indicated a […]

Shared ownership changes could help 175,000 on to housing ladder

20 June 2016

Changes to the shared ownership rules could help an extra 175,000 people on to the housing ladder, according to the government. Shared ownership allows people to ease their way into the property market by purchasing a share in their home rather than having to pay the full amount. They only have to a find a […]

The risks of communicating with an employee on sick leave

17 June 2016

A recent case before the Employment Tribunal highlights the potential risks of communicating with an employee on sick leave and how even well intentioned inquiries can backfire. The case involved a woman who was disabled and had frequently taken long spells off work because of health issues. In 2013, she suffered bouts of depression and […]

Homemaker wife awarded shares worth £69m in divorce settlement

16 June 2016

A woman who devoted her life to her family while her husband concentrated on developing his business has been awarded £69m in a divorce settlement. The case involved a couple who began living together in 2002. They married in 2004 and the wife became a homemaker and a full-time mother to their two children.  At […]

Director disqualified for transferring company assets to himself

14 June 2016

A director has been disqualified for five years for transferring money from his insolvent company to himself and his associates. James Elliott Pemble ran a marquee hire business called All Marquees Ltd at Tonbridge in Kent. He also had at least three other companies in the leisure and entertainment industry. An investigation by the Insolvency […]

Battle over estate of pop star Prince because he hadn’t made a will

13 June 2016

The family of the pop star Prince fear there could be a costly dispute over his multi-million pound fortune because he died without having made a will. Prince’s sister, Tyka Nelson, has asked a court in the United States to appoint a special administrator to manage his estate because he left no will or instructions […]

Tenant wins dispute with landlords over exercising break clause

10 June 2016

A commercial tenant has won a dispute over exercising a break clause even though it served notice to an out-of-date address. The case involved four landlords who were the trustees of a retirement scheme that owned the freehold of a large building. Three floors in the building were let to a commercial tenant on a […]

Court upholds woman’s will against challenge by grandchildren

8 June 2016

An elderly woman knew what she doing when she drew up a new will, even though she was suffering from some mental impairment at the time. That was the decision of the Court of Appeal in a case involving a family dispute between the woman’s grandchildren and their uncle. The court heard that in 2003, […]

Court enforces decision ordering company to pay contractor

7 June 2016

A court has ordered a company to pay a contractor the full amount awarded by an adjudicator following a dispute. The company had engaged the contractor to carry out mechanical and electrical works at a hotel. When the contractor submitted a final invoice for the work undertaken, the company disputed the figure and did not […]

Court awards woman a share of former partner’s home

6 June 2016

A woman has won the right to claim part ownership of the home she shared with her former partner and helped to pay for over several years. The case involved an unmarried couple who had lived together for 15 years. The house was in the partner’s name and was bought with an interest only mortgage. […]

Are you ready to hand over your business to the next generation?

24 May 2016

Entrepreneurs can be very confident about how to build up a business but then become surprisingly unsure about how to hand it over to the next generation. This can lead to problems because there are several issues to consider. For example, will family members be able to take over…will you need to hand over to […]

Woman wins sex discrimination claim against Leeds United

23 May 2016

A woman has won her claims of unfair dismissal and sex discrimination against Leeds United Football Club. Lucy Ward was employed as the club’s welfare and education officer for 17 years. She had also worked for the BBC as a commentator on women’s football. Ms Ward claimed she was sacked because she was the partner […]

New regulations affecting landlords come into force

20 May 2016

Several new regulations affecting landlords have now come into force. These are some of the most significant: Tenant right to request energy efficiency improvements Tenants can now request consent from their landlord to install energy efficiency improvements in the property they rent. The landlord cannot unreasonably refuse consent, as long as the requested improvement is […]

More starter homes at 20% discount for first time buyers

19 May 2016

The government has announced plans to build 200,000 starter homes for first time buyers under the age of 40. It’s part of an overall plan to build a million homes by 2020. Ministers say the figure will be achieved by ensuring that 1 in 5 homes are starter homes on developments of more than 10 […]

Companies must hold register of ‘People with Significant Control’

17 May 2016

Companies in the UK must now have a register of ‘People with Significant Control’ to provide greater transparency for consumers and other businesses. The register should include basic information about who owns or controls the company, including their name, month and year of birth, nationality, and details of their interest in the business. A person […]

Inheritance tax revenue ‘to soar to £4.6 billion this year’

16 May 2016

Inheritance tax receipts are set to increase by more than 20% this year, according to the Office for National Statistics. The latest figures show that death duties are on track to bring in £4.6 billion in the 12 months to February. That compares with the £3.8 billion for the same period last year. Rising house […]

New proposals to help businesses grow…but there’s a catch

13 May 2016

The government has announced a range of proposals to encourage innovation and to help businesses grow, but the changes could also see firms facing more competition from former employees. One of the proposals aims to prevent red tape from stifling entrepreneurship. This would involve removing or reducing the effectiveness of non-compete clauses in employment contracts. […]

New guidelines on how to avoid discriminatory advertising

1 April 2016

The Equality and Human Rights Commission has published new guidelines to help companies steer clear of discrimination laws when recruiting new staff or advertising their services. The guidelines point out that placing a discriminatory advert is unlawful under the Equality Act 2010 (‘the Act’). The Act protects individuals from discrimination because of sex, race, disability, […]

Husband’s ‘torn up’ will disinheriting wife is allowed to stand

1 April 2016

A wife who claimed her husband tore up a will that left her nothing has lost her legal battle to inherit his estate. The case involved an elderly Ukrainian man who made the will in 2010, a couple of years before he died and one year after his second marriage. The will left his estate […]

Woman awarded £832,000 in sexual harassment case

31 March 2016

A woman has been awarded £832,000 in a sexual harassment and sex discrimination case involving an NHS trust. Helen Marks was the Director of Workforce and Organisational Development at Derbyshire NHS Trust and earned just under £100,000 a year. The Employment Tribunal heard evidence that while she was working there she was approached by the […]

More than 100,000 businesses ‘owed money by insolvent debtors’

31 March 2016

More than 100,000 businesses were owed money by insolvent companies or customers in 2015, according to figures released by the insolvency specialists, R3. Medium-sized businesses were among those most at risk. One in seven of them were owed money by an insolvent individual or company. The president of R3, Richards Sykes, said: “Growing businesses encounter […]

Director fails to get tax relief due to timing of resignation

30 March 2016

A director has failed to get Entrepreneurs’ Relief on the sale of his shares because of the timing of his resignation and the date of his company’s shareholder meeting. The director was one of the founding shareholders of his company. In 2008, he decided to leave the business and in February 2009, it was agreed […]

Court orders ‘disgraceful’ husband to pay divorce settlement

30 March 2016

A court has ordered a husband who lied about his finances to pay in full the divorce settlement awarded to his former wife. The court heard that, during the initial divorce proceedings, the husband was ordered to pay the wife £80,000 by 5 February 2014. However, he then claimed that the wife had agreed to […]

Landlord loses control of his properties over repair failures

24 March 2016

A landlord has lost control of his properties due to his failure to carry out repairs properly. The case involved a large building comprising of a number of flats and one commercial unit. The tenants considered that the property was in serious disrepair, causing safety issues. When the landlord failed to bring the building up […]

Charities take dispute over woman’s will to the Supreme Court

24 March 2016

The dispute over whether a woman’s estate should pass to her daughter or to a number of charities is to be settled in the Supreme Court. The case involved a woman who fell out with her daughter because she eloped with a boyfriend when she was 17. The daughter later married the boyfriend and now […]

Minister says 2,000 divorce settlements may be voided

23 March 2016

The government has confirmed that more than 2,000 divorce cases may have been voided due to an error on the self-assessment form on the Ministry of Justice (MoJ) website. The error involves Form E, which records the financial details of divorcing couples. The software running the form didn’t take all liabilities into account and so […]

Football club wins contract dispute over work on its pitches

23 March 2016

A football club has won a dispute with a contractor brought in to improve the standard of its pitches. The court heard that Yeovil Town played in League 1 but hoped to be promoted to the Championship, the league above. It hired a contractor to bring its pitches up to Championship standard. The work was […]

Engineer awarded £137,000 in unfair dismissal case

22 March 2016

An engineer who said he was bullied and harassed after exposing unfair practices by his company has been awarded £137,000 compensation. The engineer worked for a large construction company that was awarded an £18m contract with the Welsh government. The contract was awarded on the basis that the company’s profits would be 3.3% of the […]

Company liable for injuries to employee who slipped on icy path

22 March 2016

The Supreme Court has ruled that a company was liable for injuries sustained by an employee who slipped and fell on an icy path. The company was at fault because it had not provided her with protective clothing. The case involved a care worker who had to visit the homes of elderly clients as part […]

Court removes ‘biased’ arbitrator in construction dispute

21 March 2016

The High Court has removed an arbitrator from a construction dispute because he may have been biased towards one of the parties involved. The case involved a developer and an integrated services company. A dispute arose during a construction project and the matter had to go to arbitration. The arbitrator was appointed by the Chartered […]

Adoption law changes ‘will prioritise long term needs of children’

21 March 2016

The government is to oblige courts and councils to always pursue adoption when it is in a child’s best interest. Ministers say they will change legislation as soon as possible to “make crystal clear that councils and courts must place children with the person best able to care for them right up until their 18th […]

Government to commission new homes on publicly owned land

18 March 2016

The government is to commission thousands of new affordable homes on publicly owned land as part of its plan to ease the housing shortage. The sites will be sold with planning permission already in place so that building can begin straightaway. The aim is to open up plots that are not big enough to interest […]

Directors personally liable for cost of mounting no-hope defence

18 March 2016

Two company directors have been held personally liable for the costs involved in mounting a no-hope defence against a winding-up petition. The court heard that HMRC brought a petition to wind up the company based on an alleged liability for VAT of £1.6m, and because of a number of tax issues. The company applied for […]

Osborne’s Budget aims to reduce tax burden on businesses

17 March 2016

Chancellor George Osborne announced a number of measures in his Budget that will have a significant impact on both large and smaller businesses. He promised to collect more tax from huge multi-national companies to help fund tax cuts for small and medium-sized enterprises. The main changes include cuts in Corporation Tax, Capital Gains Tax, Business […]

Big rise in the number of people challenging ‘unfair wills’

17 March 2016

The number of people challenging what they consider to be unfair wills has risen by 20% over the last 10 years. There is also a growing tendency for people to consider that they are entitled to inherit their parents’ wealth, even if their parents want to leave some or all of their money to charities, […]

284,000 landlords risk being fined over tenant deposits

17 March 2016

New research has revealed that 284,000 landlords are at risk of being fined because they have failed to protect tenants’ deposits in an approved scheme. The survey by the Centre for Economics Business Research (CEBR) suggests that more than £500m worth of tenancy deposits are being held illegally by landlords. The law requires that deposits […]

New safeguards for people using lasting powers of attorney

16 March 2016

New reporting forms have been introduced to improve protection for people using lasting powers of attorney (LPA). LPAs enable you to appoint someone to be your deputy and look after your interests should you lose the capacity to make decisions for yourself at some point in the future. Deputies can be appointed to make decisions […]

Dyslexia sufferer wins discrimination claim against Starbucks

10 March 2016

A woman with dyslexia has won a disability discrimination claim against Starbucks after it demoted her for making mistakes caused by her condition. Meseret Kumulchew has difficulties with reading, writing and telling the time. The company accused her of falsifying documents when she provided inaccurate information relating to the temperature of water and fridges at […]

Husband loses appeal against unequal divorce settlement

7 March 2016

A husband has lost his appeal against an unequal divorce settlement that gave his wife a greater share of the marital assets. The couple had separated after 15 years’ of marriage due to difficulties caused by the husband’s addictive behaviour. The wife remained in their London flat and the husband moved to a rented flat […]

Wealthy families face £20,000 rise in probate fees

3 March 2016

Families inheriting estates valued at more than £2m will have to pay probate fees of £20,000 under new proposals being put forward by the government. The move would also see the beneficiaries of much smaller estates paying no fee at all. Under the current system, all estates worth more than £5,000 pay a standard probate […]

Cohabitant can keep home she shared with her married partner

1 March 2016

A woman has won her legal battle to keep the home she shared with her partner despite opposition from his estranged wife. The court heard that Joy Williams and her partner Norman Martin had owned their home as tenants in common for 18 years. Mr Martin had separated from his wife but they had not […]

Council entitled to end contract with under-performing provider

1 February 2016

A court has ruled that a local council was entitled to terminate a contract with a communications company following a number of service failures.   The agreement between the two sides covered services such as health, transport communications and public safety.   The contract contained a clause entitling the local authority to waive key performance […]