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News
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 […]
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 […]
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 […]