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News
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 […]
Insolvency decision is a ‘£480m bonanza for rogue directors’
26 January 2016
The government decision to end the special arrangement that helped to fund insolvency litigation has met with widespread criticism from business and legal professionals. The trade body R3 said it would amount to a “half-billion-pound pay day for rogue directors”. The controversy arose when the government confirmed that from April this year, insolvency […]
Children want more say when their parents get divorced
25 January 2016
Children want more say in what happens to them when their parents get divorced, according to research carried out for the family law group, Resolution. The survey also revealed that 82% said they would prefer that their parents separated if they were unhappy rather than stay together. Resolution quotes one young person as saying: […]
Sole trader wins back £700,000 from fraudulent accountant
21 January 2016
A sole trader has won his claim for repayment of more than £700,000 that had fraudulently been taken from his bank account by his accountant. The court heard that the trader had retained the accountant’s services in 2007 and trusted the financial side of the business to him, including control of the bank account […]
Charities benefit as woman’s second will declared invalid
19 January 2016
A woman’s second will in which she declared that she wanted to leave most of her estate to a close friend has been declared invalid because it wasn’t properly executed. It means that a number of charities will now inherit even though it’s unlikely that she wanted her money to pass to them. […]
Employers urged to prepare for paying the National Living Wage
18 January 2016
Ministers have urged employers to start preparing now for the National Living Wage (NLW), which comes into effect on 1 April this year. Research carried out on behalf of the government suggests that 93% of businesses support the move but many haven’t yet started to prepare. They’re being urged to follow four simple steps. […]
Divorce settlements may have to be recalculated due to error
14 January 2016
Thousands of divorce settlements may have to be recalculated due to an error on a form on the Ministry of Justice (MoJ) website. The error involves Form E, which is shown on the website and is used to record the financial details of divorcing couples including their assets and liabilities. It’s been discovered that […]
Marks & Spencer loses appeal over refund on prepaid rent
13 January 2016
Marks & Spencer has lost its appeal against a court decision that it was not entitled to a refund after exercising a release clause in a commercial property lease. The case involved four floors of office space at The Point in London. M&S had a commercial lease which was due to expire in […]
Daughter appointed as mother’s deputy despite living abroad
12 January 2016
A woman has been appointed as her mother’s deputy in a power of attorney arrangement despite living more than 3,000 miles away in the United States. The judge held that the arrangement could work perfectly well because of the advances in modern technology including online banking. The case involved a woman who had […]
Investors bring £27m negligence claim against property valuers
11 January 2016
A group of investors have brought a £27m professional negligence claim against a firm of property valuers following the collapse of a major development project. A judge at a preliminary hearing said they have a good chance of success but a full trial was necessary to assess the full extent of the loss and […]
Teacher wins claim over dismissal caused by salary increase
8 January 2016
A teacher who claimed she was forced out of her job because she had reached the top of her salary scale and become too expensive has won her claim of unfair dismissal. The teacher told the Employment Tribunal that after she had entered a high salary band due to her length of service, she […]
Director must compensate shareholders over breach of duty
7 January 2016
A director who breached his duty to his company’s shareholders has been told he must compensate them through a share purchase order. The case involved the chairman of a large passenger car service. He also became the director of a new start-up company providing bins for the disposal of cigarette butts. The plan was […]
Wife loses appeal over unequal division in divorce settlement
5 January 2016
A wife has lost her appeal against a divorce settlement in which she received a smaller share of the matrimonial assets than her husband. The case involved a couple who had been married for 14 years and had a 10-year-old daughter. Shortly after the birth, the wife developed mental health problems and was diagnosed […]
Company ‘entitled to treat misbehaving employees differently’
23 December 2015
A company that sacked one employee involved in a fracas but only gave his opponent a written warning was entitled to treat them differently, according to the Employment Appeal Tribunal. The case involved two employees who attended a corporate social event and were told that they would need to maintain a good standard of […]
Help to Buy ISAs now available for first time buyers
22 December 2015
Help to Buy ISAs, which provide first time buyers with a 25% bonus on their savings when buying a home, are now available from banks and building societies. The scheme is designed to help thousands of young people to get on the housing ladder. The government has pledged to add £25 to every […]
Seminar series on coping with relationship breakdown
21 December 2015
Berry Smith’s Family Team is running a programme of free workshops and Q & A sessions in January and February focused on various topics relating to relationship breakdown. The events will be led by Head of Family Team Katie McColgan on behalf of Berry Smith and will be held in Bridgend. The events will also feature a number of other […]
Crackdown on landlords providing unsafe, overcrowded homes
18 December 2015
The government is to extend mandatory licensing to smaller and medium-sized properties in an effort to crack down on rogue landlords who exploit vulnerable tenants in unsafe and overcrowded accommodation. Landlords who fail to obtain a licence will face a potentially unlimited fine. The proposals are contained in a new discussion paper published […]
Housing association tenants given right to buy their home
7 December 2015
A further 1.3 million tenants are to be given the right to buy their homes following an agreement between the government, housing associations and the National Housing Federation. The first sales should begin next year. The agreement means that housing association tenants will be able to buy their homes at the same discounted rates […]
Estate agency enforces no-competition clause on franchisee
4 December 2015
A national estate agency that operates on a franchise basis has successfully taken legal action to prevent competition from a former franchisee. The agency offered training and support to partners across the country. Franchisees could only operate within their own defined area and were subject to a restrictive covenant stating that if they […]
Inheritance tax payments soar as family wealth rises
3 December 2015
Inheritance tax payments have been increasing due to rising house prices and an overall rise in family wealth and investment. The latest figures from HM Revenue and Customs show that just over £3 billion was collected in inheritance tax in 2013, an increase of 15% on the previous year and the highest figure since […]
Most people still prefer to ask a solicitor to write their will
30 November 2015
The vast majority of people still prefer to ask a solicitor to write their will, according to new research by Will Aid. The number of people consulting solicitors about their will has risen by 2% over the last four years. Meanwhile, the number of people using will writers instead has fallen from 17.9% in […]
New measures to end gender pay gap and promote equal opportunity
27 November 2015
The government has announced the latest measures in its campaign to eradicate the gender pay gap within a generation and to provide more opportunities in the workplace for women and ethnic minorities. Legislation to prevent discrimination and promote equality has been in place for more 40 years but women still earn less on average […]
How the new right to rent checks will affect private landlords
26 November 2015
The Home Office has released details of how landlords will be expected to carry out right to rent checks to make sure tenants are entitled to be in the UK. From 1 February 2016, you will be affected if you are a private landlord, have a lodger, are sub-letting a property or are an […]
Small businesses ‘expect late payment problems to get worse’
16 October 2015
Nearly a third of small businesses expect the problem of late payment and cash flow to get worse, according to a survey conducted by Lloyds Bank. The survey reveals that late payment of invoices remains the main cause of cash flow problems facing UK firms. One in five businesses admit it’s causing them difficulties, […]
Firm stops former directors using its software with rival business
15 October 2015
A computer programming company has been granted an injunction preventing some of its former directors from using its software in a rival business. The court heard that the company, Allfiled UK, had developed technology for the storage of important or confidential personal data. Allfiled claimed that some of its directors who worked on the […]
Divorcees win the right to reopen settlements
15 October 2015
In the recent landmark cases of Sharland and Gohil the Supreme Court granted the appeals of two wives asking for financial settlements agreed after their divorce to be reconsidered by the Family Courts. In the both cases the parties had reached an agreement for a financial settlement. Both, at a later time (with ink […]
New measures could lead to more director disqualifications
14 October 2015
New regulations designed to improve standards in business could lead to more directors being disqualified. The measures, which came into force on 1 October, state that the Secretary of State can seek to have a director of a limited company disqualified if they: breach laws or regulations have been convicted of a company […]
Travel time can be ‘work time’ for employees with no fixed base
13 October 2015
The European Court of Justice (ECJ) has ruled that if employees don’t have a fixed place of work then the time they spend travelling from home to their first job of the day should be classed as work time. The same principle applies to the time spent travelling back home after the last job […]
New regulations affecting landlords and tenants come into effect
5 October 2015
New regulations governing the use of section 21 eviction notices and specifying the information landlords must provide to tenants came into effect on 1 October. Landlords must provide tenants with the following information at the start of the tenancy or as soon as possible afterwards: a copy of the Energy Performance Certificate for […]
Co-Defendants and Default Judgement
1 October 2015
Where a Defendant fails to properly respond to a Claim within prescribed periods the Claimant can apply for a “Default Judgment” against the Defendant e.g. if for a money claim, for the full amount claimed. The Judgment stands and is enforceable unless an application is made to set aside the Judgment, which is not always […]
Berry Smith sponsors creative industries award
25 September 2015
BERRY SMITH LLP were delighted to sponsor the Creative Industries Award at the Bridgend Business Forum event on Friday 18 September. The Award was won by Customised Sheet Metal Limited. Alison Hoy, Chief Executive, who presented the Award says “Berry Smith were delighted to sponsor the creative industries category. The entrants were all innovative and […]
Disinherited son fails to overturn mother’s will despite her dementia
10 September 2015
A son who was once very close to his mother but was then disinherited has failed to overturn her will, even though she had suffered from dementia towards the end of her life. The court heard that the woman had originally made a will leaving her estate equally to her two sons, Timothy and […]
Woman hit by tax bill allowed to set aside trust made in error
9 September 2015
The High Court has set aside a trust settlement that was drawn up in error and would have resulted in a woman having to pay a large, unexpected tax bill. The case involved a woman who made a settlement on the advice of her father to protect her assets from her former boyfriend. Most […]
Company protects its business from poaching by former director
8 September 2015
A businessman has failed in his attempt to overturn an injunction preventing him from competing with his former company and trying to poach its customers. The court heard that the businessman had been both a director and a shareholder of the company until 2013 when his employment was terminated. He sold back his shares […]
Rising number of cohabiting couples still lack legal protection
4 September 2015
The number of unmarried couples in the UK has more than doubled in the last 20 years, according to figures released by the Office for National Statistics. Many cohabitants believe that they have the same legal protection as married couples but, unfortunately for them, this is not the case. They have few automatic legal […]
New Commissioner ‘to help small firms tackle late payment issues’
3 September 2015
The government is planning to appoint a Small Business Commissioner to help firms tackle late payment problems and unfair practices carried out by larger companies. The move comes after research by Bacs showed that small and medium-sized businesses are owed a total of £26.8 billion in overdue payments and that £10.8 billion is spent […]
New £26m fund to boost provision of homes for first-time buyers
2 September 2015
The government is setting up a £26m fund to help developers speed up the process of providing starter homes for first-time buyers. The homes will be offered exclusively to buyers aged under 40 with a discount of 20% on market values. The £26m will be used to identify and purchase sites and prepare […]
Dismissing employee over abusive Facebook post was ‘not unfair’
1 September 2015
A company that sacked an employee who made abusive comments on Facebook and claimed he’d been drinking on duty had not acted unfairly. That was the decision of the Employment Appeal Tribunal in the case of Scottish Canals and one of its employees. The issue arose after the employee posted comments that he […]
Woman wins sex discrimination and unequal pay claim against school
28 August 2015
A woman who said she earned less than male colleagues at a boarding school and was verbally abused by pupils has won her claim of sex discrimination. Hannah Miller worked as a science technician at Tonbridge School in Kent. She claimed that a man doing the same job as her was paid more yet […]
Berry Smith act on Bed Factory hotel sale
26 August 2015
Berry Smith LLP were delighted to act as Lead Advisor to the shareholders of Bed Factory Hotels Limited on its multi-million pound sale to Compass Hospitality Holdings (UK) Limited. Bed Factory Hotels Limited owns and operates The Big Sleep Hotels, situated in Cardiff, Cheltenham and Eastbourne. http://www.walesonline.co.uk/business/business-news/cardiffs-big-sleep-among-portfolio-9916408
Government urged to rewrite the rulebook on late payment
5 August 2015
The government is being urged to throw out the rulebook relating to late payments and start afresh if it really wants to tackle the problem that bedevils so many small businesses. The Association of Chartered Certified Accountants (ACCA) has conducted a widespread study into the issue and produced a report, Ending Late Payment. It […]
More landlords writing off unpaid rent to speed up evictions
4 August 2015
There has been an 11% increase in the number of landlords prepared to write off unpaid rent in order to speed up the process of eviction, according to figures released by Thomson Reuters. Researchers say the number of accelerated procedure notices jumped from 26,929 in 2013/14 to 29,821 in 2014/15. Speaking to the […]
Could your Will be overturned by a Court?
31 July 2015
In a recent case generating widespread publicity, the Court of Appeal decided to award a daughter who had been left out of her deceased mother’s Will one third of her estate. Much of the commentary on the case has referred to the fact that on the face of it this decision undermines a party’s […]
Study finds no evidence of discrimination in Family Courts
16 July 2015
A recent study by the Universities of Reading and Warwick has found that there is no evidence of family courts in England and Wales discriminating against Fathers. Dr Maebh Harding, from the Warwick School of Law, commented that: “Whilst it’s true that mothers were usually the primary care giver in contact applications, this […]
Former benefit claimants set up 70,000 new businesses
15 July 2015
Former benefit claimants have set up 70,000 new businesses under the government’s New Enterprise Allowance scheme. The scheme provides seed funding and a mentor for jobseekers, lone parents and people on sickness benefits who come up with a solid business idea. If the business plan is approved, they are eligible for financial support payable […]
Contractor wins right to challenge £658,000 award
14 July 2015
A contractor has won the right to challenge a £658,000 award made against it by an adjudicator more than six years ago. The court heard that the contractor had been engaged by a developer to carry out an asbestos survey on a block of maisonettes. The developer later claimed that the contractor had failed […]
Landlord wins dispute over ‘£500,000 a year’ service charges
13 July 2015
A landlord has won a legal dispute that could see 21 tenants eventually having to pay more than £500,000 a year each in service charges. The case illustrates the danger of entering into agreements that seem a good idea at the time but may have unforeseen consequences long into the future. The court […]