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News
To buy or to lease as the economy continues to recover?
7 July 2015
During the recession, many firms shelved plans to move to better and larger premises. Indeed, some businesses looked to downsize rather than expand. However, as the economy gradually recovers and confidence slowly returns, some firms may be considering whether the time has now come to make a long-delayed move. The demand for property […]
Directors fail to make company liable for their wrongdoing
6 July 2015
The Supreme Court has rejected the idea that directors can avoid responsibility for offences like fraud by trying to make their company responsible for their wrongdoing. The case, involving Bilta UK Ltd and Swiss company Jetivia SA, helps to clear up some uncertainty over the extent to which directors, as opposed to the company […]
Battling sisters lose control of elderly mother’s finances
3 July 2015
Two sisters who were said to ‘detest each other’ and no longer speak have lost the right to look after their elderly mother’s finances. Their 97-year-old mother drew up a lasting power of attorney (LPA) eight years ago appointing them as her deputies so they could make decisions on her behalf if she became […]
Cohabitant fails to benefit from properties she shared with partner
1 July 2015
The need for cohabiting partners to draw up agreements stating how their property and assets should be shared in the event of a break-up was highlighted in a recent case before the Court of Appeal. It involved a couple who had been in a relationship for many years and had lived together since 2002. […]
‘Aggressive’ father granted sole parental responsibility for his son
30 June 2015
An “aggressive” father has been granted sole parental responsibility for his son, even though the court had concerns about his parenting skills and his hostile attitude towards social workers. The court heard that the 12-year-old son had been cared for by his father until 2012 when he was left alone at home and a […]
Court upholds compulsory buy-out of minority shareholder
29 June 2015
The Court of Appeal recently upheld a decision that a minority shareholder was not unfairly treated when his former colleagues decided to buy him out against his will. The court heard that the business had been subject to a management buy-out from its previous owner. It was structured as a limited liability partnership with […]
Family plagued by nuisance neighbours awarded £155,000
26 June 2015
A couple who were plagued by nuisance neighbours after buying a farmhouse have been awarded £155,000 damages. The court heard that the farmhouse had originally been owned by the family causing the trouble. They had sold it when the father had reached retirement. They retained the next-door cottage. The farmhouse was eventually bought […]
Wife gains better divorce settlement due to husband’s inheritance
25 June 2015
A wife has had her divorce settlement increased because her husband inherited money after the original sum was agreed. The couple had been married for nine years and had two children. Their main asset was their home, which was worth £190,000. They were both on low incomes and received tax credits. Following the […]
Our ‘Wheels of Justice’ roll in to Runnymede!
17 June 2015
Our ‘Wheels of Justice’ cycling team, comprising lawyers from our Transaction & Business Services and Dispute Resolution teams, successfully completed their gruelling 165 mile bike ride from our Cardiff office to Runnymede on 14-16 June 2015. The ride was being undertaken to commemorate the 800th anniversary of the sealing of the Magna Carta, a document […]
Ban on exclusive zero-hours contracts takes effect
2 June 2015
The ban on exclusivity clauses in zero-hours contracts has now come into force. It means that employees can no longer be tied to a company that may not have any work to offer them. The ban took effect on 26 May as part of the Small Business, Enterprise and Employment Act 2015. […]
How will new Bills in Queen’s Speech impact on businesses in Wales?
1 June 2015
The Queen’s Speech outlined several Bills that could have an impact on the business sector in Wales, that is of interest to us as solicitors and our clients. The government says the main theme behind most of its proposals is to strengthen the UK’s competitiveness and to create conditions that will enable companies to […]
Berry Smith’s Professional negligence team rectifies defective title
21 April 2015
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 […]
Marriage Foundation wants to modernise ‘outdated’ divorce law
16 April 2015
The Marriage Foundation has launched a manifesto calling on political parties to consider the need to reform divorce law. The Foundation, which is led by one of the country’s senior family judges, Sir Paul Coleridge, believes current law is outdated and out of step with modern life. The call for change coincides with two recent […]
Government to tighten up the Prompt Payment Code to aid business debt recovery
14 April 2015
The government is tightening up the Prompt Pay Code (PPC) to encourage firms to pay invoices quicker and so improve cash flow for smaller firms. The intention is to act as an incentive for business debt recovery. Business Minister Matthew Hancock says the PPC will now promote 30-day terms as standard and introduce a 60-day […]
Berry Smith act in deal creating new biotech business
17 March 2015
Berry Smith LLP was delighted to act in a deal to create a new business, combining two providers of eco-friendly biological cleaning and waste treatment services, one of which is based in Wales. Stockton-based Cleveland Biotech (CBio), will join forces with Biological Preparations (BP), headquartered in Caerphilly. NVM, a private equity firm, originally invested £3m […]
“Don’t put off until tomorrow what you can do today”
17 March 2015
In the recent landmark case of Wyatt v Vince [2015] UKSC 14 the Supreme Court has allowed the Wife’s appeal against the strike-out of her application for a financial remedy (issued some 18 years after the parties divorce). Whilst the wife’s application can now proceed, as indicated by Lord Wilson, her application faces formidable […]
4 New Appointments
19 February 2015
We have appointed a senior consultant, two associates and a new trainee solicitor to our practice. Philip Griffiths previously ran his own niche commercial/ IP practice, Alderwick’s Solicitors, for 12 years in Bath. Originally from Llandysul, he has returned to Wales to join Berry Smith’s commercial and intellectual property team. The 62-year-old embarked on a career […]
Wife loses appeal against ‘equal split’ divorce settlement
9 February 2015
A woman has lost her appeal against a judge’s decision that she and her husband should share their assets equally as part of their divorce settlement. The case involved a couple who had been married for four years and had a three-year-old daughter. They were both professionals but the wife had more earning power […]
TV chef Ramsey loses dispute over restaurant purchase
9 February 2015
The television celebrity chef Gordon Ramsey has lost a legal dispute after admitting that his staff often gave business guarantees in his name and used his signature without him knowing. The issue arose after Mr Ramsey’s company leased premises from businessman Gary Love. Mr Love had bought the premises in poor condition and started […]
Number of first-time home buyers reaches 7-year high
9 February 2015
The number of first-time home buyers in 2014 was at its highest level for seven years, according to the Halifax bank. This was in spite of the fact that house prices rose by an average of 8.5% last year. The Halifax says that 326,500 people bought their first home last year – a […]
Man wins sex discrimination claim over flexible working
9 February 2015
We tend to associate flexible working with women but it should also be available to men on an equal basis. Otherwise male workers may be entitled to bring a discrimination claim as happened in a recent case before the Employment Tribunal. It involved a man who was employed by a large accountancy firm. He had […]
Landlords and letting agents ‘liable for noisy tenants’
9 February 2015
A court has ruled that landlords and letting agents can be held liable for disturbances caused by their tenants and could face fines of up to £20,000. The case involved home owners at the Sandbanks development at Poole Harbour in Dorset. They complained about noise from a three-storey property which was rented out for […]
Government scheme helps create 60,000 new businesses
9 February 2015
A government scheme is helping to create 450 new businesses every week, according to the latest figures. The New Enterprise Allowance has so far led to the creation of 60,000 firms across the UK. The scheme is targeted mainly at jobseekers, lone parents and people on sickness benefit. Budding entrepreneurs with a good business […]
Employers urged to help older staff stay in work longer
9 February 2015
A government minister has urged employers to keep up with changes in society and help older staff to keep working beyond the normal retirement age. Minister for Pensions Steve Webb said: “How we all look at retirement is changing and the way in which government and business help older workers needs to keep up […]
Dementia sufferer wins damages and ‘freedom’ from council
9 February 2015
The Court of Protection exists to safeguard the interests of people who may be unable to look after themselves fully or make decisions on their own behalf. Sometimes the court may defend them against individuals seeking to exploit them, but it can also protect them against the heavy handed actions of official bodies, as […]
Court fee increase ‘will hit small businesses chasing debts’
9 February 2015
A proposed 5% increase in court fees could deter small businesses pursuing claims for late payments, according to the Bar Council, which represents barristers in England and Wales. The Ministry of Justice is planning to impose a 5% blanket fee on businesses and individuals bringing a claim for money – such as late payments, […]
Couple correct ‘£650,000 error’ in trust document
9 February 2015
A married couple have been allowed to remove a clause from a trust document that could have cost their family £650,000 in tax liability. The issue arose after the husband set up a trust for which both he and his wife were among the trustees. When drawing up the trust, he decided to […]
Tenancy deposit error prevents landlord repossessing property
5 January 2015
A landlord has been prevented from serving a possession notice because the tenant’s deposit had not been placed in an authorised protection scheme. This was in spite of the fact that that the deposit had been paid before the Tenancy Deposit Scheme (TDS) regulations came into force. The case involved a tenant who had started […]
Taxman ‘could inherit your money unless you make a will’
5 January 2015
The taxman could take some of the money you want to go to loved ones after you die if you fail to make a will and keep it up to date. Some may also go to an estranged husband or wife. That’s the warning from the Law Society, which has just conducted a survey revealing […]
Stamp duty changes provide boost for 98% of homebuyers
5 January 2015
Changes to stamp duty announced in the Autumn Statement by Chancellor George Osborne have helped stimulate the housing market, according to solicitors and estate agents. Mr Osborne said 98% of people in England and Wales will now pay less duty when buying a property. Only those buying homes worth more than £937,000 will be worse […]
Obesity can constitute a disability, says EU court
5 January 2015
The European Court of Justice (ECJ) has ruled that obesity can constitute a disability in certain circumstances if it impairs a person’s ability to work. The ruling will have major implications for employers in the UK who may have to make adjustments for overweight employees or run the risk of discrimination claims. The court made […]
New scheme to remove age discrimination from the workplace
5 January 2015
The government is launching an ‘older workers champion scheme’ to tackle age discrimination in the workplace. The move follows concerns that older workers have to cope with much higher levels of long-term unemployment than younger people. The scheme, which will begin trials in April, will offer older jobseekers a career review, online support and a […]
Make sure your family business has a succession plan
5 January 2015
Handing over a family business to the next generation can prove surprisingly difficult for many people. Research by the Family Business Place website suggested the issue can be so challenging that 62% of families would consider selling their business because of the difficulties of passing it on to family members. Another 55% said they felt […]
Large firms may have to reveal how quickly they pay invoices
5 January 2015
Large and listed firms may soon have to publish details about their payment practices under proposals being drawn up by the government. Companies will have to provide information about their average payment time and the proportion of invoices paid beyond terms. They will also have to reveal the percentage of invoices paid within 30 days, […]
Daughter must repay money gained through undue influence
5 January 2015
A woman has been ordered to return money she received from her mother after a court ruled she gained it through undue influence. The case involved a mother who had made a will that included two houses. In the will she shared her estate between her siblings, children and grandchildren. She had previously transferred £290,000 […]
Builders win damages from client over contract breach
5 January 2015
A contractor that was left more than £100,000 out of pocket when a customer cancelled a building project has been awarded damages by the High Court. The compensation was awarded even though the firm didn’t have a signed contract. The issue arose after the firm won a tender to build an extension to a house. […]
‘Homemaker’ wife wins chance to get better divorce settlement
5 January 2015
The Court of Appeal has ruled that a judge got it wrong when calculating the divorce settlement for a woman who gave up a lucrative career to look after her children. The case of Julia Hammans will now be re-tried by another judge to ensure that she is treated fairly. The court heard that Ms […]
Not paying Child Maintenance will affect your credit rating
10 November 2014
New measures are currently making their through Parliament that will enable the Child Maintenance Service to begin sharing information about payment of child maintenance with credit reference agencies. Therefore, if you allow your arrears to build up this will affect your credit rating like any other debt. On the switch side, if you pay your […]
Important case on overtime entitlement on holiday pay
5 November 2014
The long awaited decision of Bear Scotland v Fulton as to whether overtime should be included in the calculation of holiday pay has been handed down. As what can only really be described as a triumph for employees, the Employment Appeals Tribunal concluded that: Non-guaranteed overtime (i.e. overtime which the employer is not obliged to […]
Woman entitled to a share of her partner’s house
3 November 2014
A man has been ordered to pay £28,500 to his former partner after he had assured her that she would have a home for life. The couple began living together in 2002. The woman had been living in a secure tenancy and had limited resources. They bought a house with the man’s capital and he […]
Subcontractor must pay for faulty workmanship
3 November 2014
A subcontractor has been told it must accept liability for faulty workmanship that caused a flood at a block of flats even though the work was examined and signed off by the construction company running the project. The case involved flats built in the south of England. The construction company responsible for the development subcontracted […]
Rise in damages for hurt feelings in employment disputes
3 November 2014
The level of compensation a victim receives for hurt feelings in employment disputes is to be raised by 10%. Earlier in the year, the Court of Appeal decided that there should be a 10% rise in the monetary value placed on a victim’s hurt feelings in civil cases. The Employment Appeal Tribunal has now confirmed […]
Nearly 40,000 first-time buyers used Help to Buy in first year
3 November 2014
The Help to Buy schemes, launched by the government last year, have enabled nearly 40,000 people to buy their first home, according to official statistics. Help to Buy consists of two schemes which enable people to buy a property even if they only have 5% of the purchase cost. More than 48,000 people in total […]
Minimum wage rises to £6.50 per hour
3 November 2014
The national minimum wage has risen by 19p to £6.50 per hour as of 1 October 2014. The rate applies to anyone aged 21 or over. All other rates have also risen, with workers aged 18-20 now earning at least £5.13 per hour, workers aged 16-17 on at least £3.79 per hour and apprentices on […]
Many small and medium-sized firms fighting to survive
3 November 2014
An increasing number of small and medium-sized enterprises (SMEs) are struggling to escape from the financial uncertainty left by the recession, according to a new survey. Research by insolvency specialists Begbies Traynor shows that the number of UK companies that were suffering ‘significant distress’ in Quarter 2 of 2014 was 237,000, which is 60,000 more […]
Inheritance tax threshold could be set to rise next year
3 November 2014
The inheritance tax threshold could rise significantly before the general election in May 2015. Prime Minister David Cameron believes that families should not be made to pay large amounts of tax on homes where they have lived for several years. He hopes to increase the inheritance tax threshold in the coalition’s final budget before the […]
Directors disqualified for using unlawful sales tactics
3 November 2014
Five company directors have been disqualified from trading for a combined total of 39½ years after repeatedly using sales tactics that breached consumer legislation. The directors worked for SAS Fire and Security Systems Limited. The company sold fire and burglar alarms. It was investigated by Trading Standards in 2013 for its aggressive sales approach. The […]
Commercial tenant not entitled to refund on prepaid rent
3 November 2014
The Court of Appeal has ruled that a commercial tenant was not entitled to a refund of prepaid sums after exercising a release clause. The tenant had a commercial lease which was due to expire in 2018. The terms included a break clause that offered the tenant the option of terminating the lease in either […]
Changes to family court system come into force
3 November 2014
Changes have been made to the family court system with the aim of improving standards and speeding up the process. The new measures mean that only the most qualified, experienced and recognised professionals will be allowed to give evidence in family cases where children are involved. These expert witnesses can only give evidence if the […]
New intestacy rules in force on 1 October 2014
3 October 2014
The intestacy rules (which deal with the estate of a person who dies without a Will) have recently changed, but many people feel these changes do not go far enough. What does intestacy mean? When a person dies without leaving a valid Will, their assets must be distributed according to specific rules and a person […]
Wife granted Supreme Court appeal against lying husband
2 October 2014
A woman whose millionaire husband lied about the extent of his wealth during their divorce has won the right to take her case to the Supreme Court. Alison Sharland was married for 17 years to Charles Sharland, the founder of AppSense, a successful software company which was valued at £47.25m at the time of the […]
Subcontractor gets paid despite dismissal before work started
2 October 2014
A court has ruled that a subcontractor should be paid for its involvement in a large project despite being dismissed before work got under way. The case involved an oil company that was hired to carry out development work in Iraq. It then decided to outsource some of the work to the subcontractor. The entire […]
One in five businesses ‘will struggle if interest rates rise’
2 October 2014
More than 20% of businesses would be put under considerable financial strain if interest rates were to rise by one percentage point, according to a recent survey. The Business Distress Index was conducted by insolvency trade body R3, which interviewed decision makers at 500 businesses. The findings showed that 16% of businesses would be in […]
Law Society stresses importance of using professionals
2 October 2014
The Law Society has launched a media campaign to highlight the importance of using a professional solicitor when seeking legal advice. ‘Use a Professional. Use a Solicitor’ is the tagline, and adverts will be appearing on numerous media outlets including television, railway stations and public buses. In recent years, various unregulated advisers and do-it-yourself legal […]
Landlords must check immigrant’s ‘right to rent’ or face a fine
2 October 2014
The government’s ‘right to rent’ scheme, which will require landlords to check the immigration status of tenants, will be piloted in Birmingham and the West Midlands from 1 December 2014. Landlords will need to check a tenant’s ‘right to rent’ before providing a property. This includes seeing evidence of identity and citizenship. Landlords will then […]
Judge was wrong to let mother take daughter abroad
2 October 2014
A judge was wrong to grant permission for a mother to take her daughter abroad, the Court of Appeal has ruled. The case involved an estranged couple who had dual British and Iranian citizenship. They had a three-year-old daughter who lived with the mother. The father had unsupervised access. The mother wanted to visit Iran […]
Golf club bar manager was unfairly dismissed
2 October 2014
A manager of a golf club bar has won an unfair dismissal claim after his bosses said he had falsified weekly bar statements. The manager was suspended from his job when annual accounts showed a deficit of around £5,300. His bosses claimed that the deficit was due to him making handwritten alterations and deducting the […]
Director must honour independent valuation of shares
2 October 2014
A director has been told he must honour an independent company’s valuation of his business. The case involved a company that was owned by two directors who decided to go their separate ways. The first director owned 60% of the business. While he didn’t have an official contract with the company, a lot of its […]
Court settles disagreement over care of elderly mother
2 October 2014
The Court of Protection has helped a family to settle a disagreement about the best way to care for their 84-year-old mother. The mother suffered from dementia and lived in a care home. She lacked the capacity to make the decision for herself about where she should live. As her condition worsened she moved into […]
Company prevents employee joining rival for 12 months
2 October 2014
A company has been granted an injunction to prevent a former employee from going to work for one of its competitors for 12 months. The employee had worked for the company for a number of years but became unhappy when he was given a new role. However, he continued to work there while he looked […]
Berry Smith act in Inimex sale
2 October 2014
Berry Smith recently acted in the sale of Cardiff-headquartered Inimex Genetics, a supplier of stud bull semen, to National Milk Records (NMR). NMR, which manages information on the milk quality, yield and fertility of cows across the UK, purchased the share capital of the business. Inimex is a £1.4m-turnover company and was formed more than […]
EKF wins Wales Dealmakers Award
26 September 2014
Berry Smith client EKF Diagnostics won the Corporate Acquirer of the Year award at the Wales Insider Dealmaker Awards 2014. Pictured is Colin Anderson, Deputy Finance Director of EKF, together with Andrew Bound, Emma Borrington, Paul Evans and Angharad Lawrence of Berry Smith LLP.
Bridgend Business Forum Awards
26 September 2014
Berry Smith LLP was the main sponsor of the Bridgend Business Forum Awards 2014, continuing our longstanding support for the business community in Bridgend and district. The awards dinner itself was attended by over 200 people, and Welsh Government First Minister the Rt. Hon Carwyn Jones AM presented awards to businesses in a number […]
Judicial Diversity
15 September 2014
Berry Smith’s Head of Debt Recovery, Jane Rees, was one of the first Chartered Legal Executives (CLE) from across the UK to be invited to attend the offices of the Judicial Appointments Commission (JAC) at the Ministry of Justice in London to help test their new website and new online application process and to discuss the JAC’s […]
It’s A Knock-Out, Bridgend : Follow Your Dreams
3 September 2014
We raised funds for the charity Follow Your Dreams by participating in the annual It’s A Knock-Out event. Berry Smith was one of 12 teams taking part in this event which was held within the Bridgend Show. Follow Your Dreams is a national charity operating in England and Wales that supports children with learning disabilities, […]
Time on call held to be ‘working time’ by tribunal
2 September 2014
Two paramedics have won their claim that time spent on call away from the workplace should be classed as working time. The Working Time Regulations stipulate that employees are generally entitled to daily rest of 11 uninterrupted hours. The paramedics in this case were told they would have to provide cover on call at an […]
Right to Buy discounts to increase for tenants
2 September 2014
Council house tenants can now receive higher Right to Buy discounts following a government move to improve the scheme. Tenants in London can qualify for discounts of up to £102,700 off the value of their home. In other parts of the country the discount can be as high as £77,000. The discount caps will now […]
Race for Life Cardiff : Cancer Research UK
2 September 2014
A team from Berry Smith completed the 5k Race for Life event in Cardiff with everyone completing the run within 40 minutes. All funds raised at the event are donated to Cancer Research UK.
Licensee awarded £8m following breach of contract
2 September 2014
A drinks company has been ordered to pay damages of £8m to a licensee following a breach of contract. The case involved a dispute over cordial and carbonated drinks. The parties had an agreement that the licensee could produce and distribute the products in Pakistan for a period of five years. The licensee spent a […]
Landlord was justified in refusing new business tenancy
2 September 2014
A court has ruled that a tenant’s breaches of contract in relation to business premises were serious enough to justify the landlord’s decision not renew the lease. The case involved a landlord who owned a commercial and residential property. It was leased to a tenant with an agreement that it would be used as a […]
Government shelves plans for online lasting powers of attorney
2 September 2014
The government has shelved its controversial plans for an online system for creating lasting powers of attorney (LPA). The decision follows concerns raised by the Law Society and others that a fully digital system could be open to fraud and abuse. LPAs enable you to nominate someone in advance to look after your affairs should […]
Government approach to mediation ‘not good enough’
2 September 2014
Leading family lawyers have expressed disappointment and concern at the government’s approach to funding mediation sessions for divorcing couples. The Family Justice Minister, Simon Hughes, recently announced that separating couples will be entitled to one free mediation session as long as at least one of them qualifies for legal aid. This is an improvement on […]
Disputes over probate triple as people make DIY wills
2 September 2014
One of the problems that can arise out of DIY wills was highlighted by data released by the High Court recently. The figures show that the number claims concerning the mishandling a deceased person’s estate has tripled in recent years. There were 368 claims in 2013, while the figure was just 107 in 2012. It’s […]
Directors disqualified for breaching invoice agreement
2 September 2014
Two company directors have been disqualified after their firm breached the terms of an invoice discounting agreement (IDA). The company had entered into the IDA with the bank after falling into financial difficulty. The directors, one whom was the managing director, breached the IDA by re-aging some of the invoices to give the impression that […]
Co-Defendants and Default Judgment
2 September 2014
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 […]
Call for help to close loopholes in zero hours exclusivity ban
2 September 2014
The government is calling on businesses, unions and employees to help it ensure there are no loopholes in the law banning exclusivity clauses in zero hours contracts. Ministers fear some unscrupulous employers may try to get round the ban by methods such as offering contracts guaranteeing one or two hours’ work a week. The issue […]
Businesses still worried about cash flow and late payments
2 September 2014
Late payment and cash flow remain two of the key problems faced by businesses in the UK, according to a recent survey carried out by credit card company American Express. The survey revealed that 95% of business owners and managers continue to prioritise efficient cash flow practices, and consider it a key factor towards long-term […]
SMEs wait average of 71 days for invoice payment
31 July 2014
Figures released by the Asset Based Finance Association (ABFA) have revealed that small businesses are forced to wait longer than large businesses to receive payment. Businesses with turnovers of less than £1m wait an average of 71 days for payment. That is 23 days more than businesses with turnovers of £500m and above, who wait […]
Landlord ‘not justified’ in evicting dentist for late payments
31 July 2014
A dentist who was evicted for being late with his rent has won a legal dispute with his landlord. The court ruled that the late payments did not amount to a repudiatory breach of contract and so the eviction was not justified. The dentist had a contract with the NHS which paid him on a […]
Flexible working rules extend to all employees
31 July 2014
All employees can now request flexible working hours and the right to work from home. Employers are obliged to take the request into consideration, although they can turn it down for a number of specified reasons. Previously, the right had only been available to carers and people who look after children. As of 30 June, […]
Consultant’s success fee not dependent on proving success
31 July 2014
A public company has been ordered to pay a consultant a commission fee, despite there being no evidence that he contributed to the success of a special business project. In January 2013, one of the company’s shareholders had publicly criticised the board and ordered a meeting with the intention of ousting the chairman. The company […]
Company director unfairly excluded after attempted love affair
31 July 2014
A court has ruled that a director who tried to start an affair with his business partner’s wife was unfairly excluded from the management of a company in which he held shares. The case involved two men who had been close friends and operated their business as a quasi-partnership. Things turned sour when the director […]
Berry Smith success for tenants in landmark case against Welsh housing association
31 July 2014
A group of 14 leaseholders in Cwmbran have won an important legal battle to stop their landlord, Bron Afon Community Housing, from charging them for work the Housing Association did to their property. The works, which the leaseholders said were unnecessary and excessively expensive, were carried out to Monmouth House in Cwmbran town centre. […]
New Child Maintenance regulations have come into force
15 July 2014
On 30th June 2014 new Child Maintenance regulations came into force in England and Wales. Under these new regulations new applications for child maintenance will be assessed on the other parent’s gross income with the maintenance, generally, being payable at 12% for one child, 16% for two, an 19% for three or more. Where parents […]
Consultation of Civil Partnerships concluded
15 July 2014
The consultation by the Government on Civil Partnerships, required by s.15 of the Marriage (Same Sex Couples) Act 2013 has now been published. The report concluded that there was not, at present, a united call for change to Civil Partnerships and therefore no steps would be taken to disband them, or to extend them to […]
Perils of setting up a business without a written agreement
1 July 2014
When setting up a business venture involving two or more people it is essential to have a written agreement so that everyone understands their responsibilities and entitlements. Failure to do so can lead to confusion and the need for legal action, as illustrated in a recent case before the High Court. It involved three people […]
PA unfairly dismissed after affair with her boss was discovered
1 July 2014
A personal assistant who was sacked after her affair with her boss was discovered has won her claim of unfair dismissal. The PA lost her job after the affair was discovered by the boss’s wife. The PA, who cannot be named for legal reasons, had been in a relationship with her boss who was chief […]
New salary limit set for Help to Buy mortgages
1 July 2014
The government has announced a change to the Help to Buy mortgage guarantee scheme amid concerns over rising house prices. New loans granted under the scheme must now be less than 4.5 times the borrower’s income. In a separate move, the Bank of England has told mortgage lenders that only 15% of loans they grant […]
New guidelines to tackle late payment problem
1 July 2014
The problems small firms face with late payments from larger businesses is being tackled in a new set of guidelines put forward by the government. Hundreds of large firms have signed the Prompt Payment Code but many of them don’t always meet the standards required. Overdue invoices have been identified as one of the major […]
Leading judge lays out plans for divorce reform
1 July 2014
One of Britain’s leading family law judges is calling for changes in the divorce process that would take most cases out of the courts altogether. Sir James Munby is the President of the Family Division of the High Court. He wants uncontested divorce cases without any claims over money or children to be settled in […]
Government vows to ‘help firms to start-up and scale-up’
1 July 2014
A new Bill to help small businesses is being introduced by the government. The Small Business, Enterprise and Employment Bill contains several measures designed to make it easier for small firms to thrive. They include: • Strengthening the rules on director disqualifications and measures to help creditors recoup losses resulting from director misconduct. • Assisting […]
Delays over powers of attorney causing stress for families
1 July 2014
Delays in the process of setting up lasting powers of attorney (LPA) are causing considerable stress and expense for thousands of families, according to a report in the Times newspaper. An LPA is a legal arrangement that enables you to authorise someone you trust to make decisions on your behalf should you lose mental capacity […]
Court settles family dispute over a flat and a grandmother’s will
1 July 2014
A grandmother’s will, which led to a family dispute over the ownership of her flat, has been upheld by the High Court. The grandmother had originally intended to leave the flat to her daughter and granddaughter and had written this into her will. When she was 90 years old, she moved in with them because […]
Cleaning company granted injunction to protect its business
1 July 2014
A cleaning company has been granted an interim injunction preventing former franchisees from competing with it until disputed issues can be dealt with in court. The company made the move to block two franchisees from competing for the same business in Bishop’s Stortford in Hertfordshire. The franchise agreement had been terminated, although it was disputed […]
Ban on exclusivity clauses in zero hours contracts
1 July 2014
Exclusivity clauses in zero hours contracts are to be banned so that employees can no longer be tied to a company that may not have any work to offer them. Some firms, including recruitment agencies, have been using exclusivity clauses to prevent an individual from working for another employer, even if the firm has nothing […]
New poster campaign by the Home Secretary highlights the impact of domestic violence during events such as the World Cup
20 June 2014
During the FIFA World Cup, posters will be put up in hundreds of male toilets across England, along with digital adverts on the SKY SPORTS website to highlight the impact of domestic violence on individuals. It is hoped that the campaign will raise awareness and help avoid incidents by potential perpetrators during a period in […]
Love is in the air
20 June 2014
Recent statistics published by the Office for National Statistics show that there was an increase in the number of marriages in 2012, up from the previous year by 5%. Whilst the mean age for marriages is 36, the largest number of people getting married in England and Wales are now aged between 25 and 29. […]
Failing to make a will could become a nightmare for your family
2 June 2014
Nearly two out of three people in the UK haven’t made a will and so risk creating a financial nightmare for their families, according to new research. The survey suggests that many people don’t make a will because they feel uncomfortable about discussing death and their dying wishes. However, there is a great deal at […]
Divorcing husband sentenced to jail for withholding information
2 June 2014
A businessman has been sentenced to four months in prison after failing to disclose financial information during his divorce proceedings. The high profile case involved former model Alisa Thiry and her second husband, Didier Thiry, a Belgian businessman and property developer. Their divorce involved complex discussions about how the couple’s considerable wealth should be divided. […]
Developer breached duties and must repay investment money
2 June 2014
A property developer who breached his legal duties by failing to spend an investor’s money correctly has been ordered to make a full repayment. The case involved a property developer and an investor who agreed to set up a golf course in France. The investor provided £500,000 to get the project started in July, 2007. […]