News

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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.             

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 […]

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 […]

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, […]

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 […]

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 […]

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.    

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

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.   […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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.  […]

2 June 2014

A police officer has lost an unfair dismissal claim after it was ruled that his conduct in making a legitimate complaint had resulted in him becoming “unmanageable”. During his time with the police force, the officer made several complaints about the attitude towards victims of rape, child abuse and domestic violence that he witnessed in […]

2 June 2014

Businesses will be able to protect their intellectual property rights more effectively across Europe and the rest of the world as new legislation comes into effect. The Intellectual Property Act received the Royal Assent on 14 May. One of its key features is that it enables the UK to implement the Unified Patent Court Agreement, […]

2 June 2014

A man has been awarded £45,000 compensation after claiming he had been unfairly dismissed for confronting a colleague who had repeatedly subjected him to homophobic abuse. Martin Sheil was an employee of Stena Line Irish Sea Ferries Ltd in Belfast. He was dismissed after an incident involving him and a colleague, who had allegedly made […]

2 June 2014

Letting agents will have to publish full details of the fees they charge or face a fine under new regulations being introduced by the government. Ministers say the move will help to ensure a fairer deal for both landlords and tenants. Under the current regulations, agents have to list their compulsory charges to the tenant. […]

2 June 2014

Female entrepreneurs are being helped to grow their businesses by a new set of government schemes. The measures are part of the Small Business: GREAT Ambition campaign which aims to help small businesses survive and thrive as the economy continues to recover. Part of the campaign is targeted specifically at female business owners, with various […]

2 June 2014

A new strand of the Government’s Help to Buy scheme has been launched, with the aim of helping members of the armed forces to buy their own home. They can now apply to the Forces to Buy scheme for a loan of up to 50% of their salary to use towards buying a home. It […]

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 […]

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. […]

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. […]

2 June 2014

An extended family have been able to rectify a trust document which would have prevented them benefiting in the way intended when the settlement was first drawn up. The case involved a farming business. The shares were originally held by a husband and wife team in the 1970s. The couple put a number of shares […]

16 May 2014

Pembrokeshire-based Jellagen has raised £550,000 in equity investment to help expand its processing capacity and develop a range of collagen-based medical technology products. Berry Smith’s corporate team acted on behalf of the company. The healthcare company, which operates from a processing facility in Tenby, gained the investment led by the Welsh Government’s investment arm Finance […]

29 April 2014

The rising value of houses could turn inheritance tax into a major issue for thousands of families across the UK. The problem is that the inheritance tax threshold has been frozen at £325,000 until 2018; by that time, house prices are expected to have risen by 25%   It’s likely therefore that many people will find […]

29 April 2014

New rules to prevent people taking out mortgages they can’t afford have now come into effect. One of the key changes is that in most cases, people will need to get help from an adviser before taking out a mortgage. This will help borrowers to better understand whether they can really afford their mortgage, both […]

29 April 2014

Several new employment regulations affecting businesses and their employees have come into force in April and May. This is a brief summary of the main points: ACAS and Tribunal claims Employees wishing to bring claims before the Employment Tribunal must first contact ACAS, which will offer a conciliation service. The measure, effective from 6 May, […]

29 April 2014

A man has been told to pay his ex-wife a lump sum so that he can stop making annual payments once he has retired. The case involved a couple who had been married for 22 years before getting divorced in 2005. Both were qualified accountants, but the wife left work to raise their children. When […]

29 April 2014

A group of male maintenance staff have won a sex discrimination claim after discovering that their female counterparts were being paid more than them. The situation arose when the Swansea Metropolitan University (SMU) merged with the University of Wales Trinity St David (UWTSD). The eighteen men were originally employed by the SMU on a weekly […]

29 April 2014

Many people dream of setting up a new business and being their own boss. For those who succeed it can be a hugely rewarding experience that changes their lives forever. For those who fail, however, it can prove costly and demoralising. You can improve your chances of success by doing your homework before starting work […]

29 April 2014

A father’s will has been declared valid despite a challenge from his daughter who was disinherited. The father had two sons and a daughter. After his wife died he went to live with one of his sons and his daughter-in-law. He transferred the proceeds of the sale of his house to his son. He later […]

29 April 2014

The European Parliament has voted to bring in new measures that will make it easier for companies to recover debt across national borders. Up to one million small to medium-sized enterprises (SME) in Europe fail to recover cross-border debts. The average amount of debt written off by these companies is €600. This means that €600m […]

29 April 2014

A construction firm’s repeated delays when building a road amounted to breach of contract and entitled the customer to withdraw from the deal, a court has ruled. The firm was employed to design and build a road outside an airport. Construction work was slow and repeatedly delayed because of bad weather and unexpected issues. The […]

29 April 2014

A business tenant has failed to apply a break clause in its lease because the notice document didn’t follow the letter of the law correctly. The tenant had a 25-year lease and wanted to activate the break clause. The clause stated that any notice exercising the right to break “must be expressed” as being given […]

2 April 2014

The High Court has recently decided that it can order costs against a party who issues, but does not serve, a claim in order to “stop the clock” for the purposes of limitation.  This is important because it exposes Claimants who are investigating potential claims to the risk of having to pay a Defendant its […]

2 April 2014

Commercial law firm Berry Smith has appointed Emma Borrington as its latest partner. The 34-year-old from Cardiff joined Berry Smith in 2002 and is an experienced corporate lawyer who advises on the legal and commercial aspects of all forms of transactions for public and private companies. The newly appointed partner works with the firm’s large […]

1 April 2014

A court has ruled that a restrictive covenant involving a software company and a former employee was reasonable and so therefore enforceable. The company produced software for the fresh produce industry. They licensed their products for 12-month periods and renewed the licence upon payment of an annual fee. The sales manager had a post-termination restrictive […]

1 April 2014

A man who said his former employers gave him a bad reference because he had brought a discrimination case against them has won his victimisation claim. The man worked for a car sales and repair company but was dismissed because he was over 65 years old. He began proceedings for unfair dismissal and age discrimination. […]

1 April 2014

Late payments now lead to more credit insurance claims than insolvency, according to a recent survey. In the first three quarters of 2013, 60% of claims were made because of a customer’s protracted default, with 40% because of customer insolvency. That is in contrast to 33% for protracted default and 67% for insolvency the previous […]

1 April 2014

A court has ruled that a landlord was within his rights to refuse to renew tenancies to shopkeepers who had pestered him with frivolous lawsuits. The issue arose because over several years, the shopkeepers had brought a total of 10 claims against the landlord saying that he had obstructed their rights of way and their […]

1 April 2014

An insurance company has won a legal dispute with a trade union over commission payments on the sale of its services to new customers. The case involved Unite the Union and Liverpool Victoria Banking Services. They had an agreement whereby Unite allowed Victoria access to its members in order to market and sell services to […]

1 April 2014

More than 100,000 people have used various government schemes to buy a home over the last four years. Households have taken advantage of schemes such as Right to Buy and Help to Buy. The Right to Buy scheme gives people who have lived in a council property for at least five years the right to […]

1 April 2014

A woman’s will has been declared invalid after a court ruled that it had been forged by her son. The woman originally made a will in 1999, stating that she intended to split her estate equally between her two children. The son claimed the mother made a new will while she was dying from cancer […]

1 April 2014

A coach firm has won a competition claim against an airport which abused its dominant position in the market for its own financial gain.  The coach firm had operated a transport service between the airport and London Victoria for 30 years. When the contract ran out the airport operator conducted a ‘tender’ process. The firm […]

1 April 2014

Ministers say children will be better protected and family disputes will be less stressful following changes to legislation relating to divorce and separation. The main changes are that separating couples will be obliged to attend mediation sessions to try to reach agreements regarding childcare and finances, before they can take their disputes to court. If […]

1 April 2014

Berry Smith acted for AIM listed EKF Diagnostics in its acquisition of two international diagnostic businesses for a combined purchase price that could rise to over £60m. The Penarth-headquartered company entered into a conditional agreement to buy US-based molecular diagnostics developer Selah Genomics for a sum up to £42.5m. The consideration will satisfied through a […]

12 March 2014

Changes to the TUPE regulations, which protect the interests of employees when a business is transferred to a new owner, have now come into effect. The changes mean that employers can now renegotiate terms and conditions with their staff one year after they have taken control of a company, provided that the overall offer is […]

12 March 2014

Setting up a simple trust relating to his mother‘s home has saved a man and his wife several thousand pounds in capital gains tax. The case involved a woman who sold her house in 1996 to her son and his wife on condition that she was allowed to continue living there for the rest of […]

12 March 2014

Marital agreements including pre-nups and post-nups could become legally binding without the need for court approval under a proposed new law. At present, such agreements are not legally binding although there has been a growing trend for courts to uphold them unless they are unfair to one side or the other. Now the Law Commission, […]

12 March 2014

Several police officers have won age discrimination claims after being forced to retire early. The five police forces responsible could now have to pay out millions of pounds in compensation. Test cases were brought on behalf of 250 officers. They lost their jobs under regulation A19, which allows forces to forcibly retire any officer under […]

12 March 2014

A court has ordered that two boys should live with their father because their mother was too permissive and acted “more like a friend than a parent”. The couple divorced in 2002 and the boys went to live with their mother. The father was entitled to contact at weekends, but was regularly denied this by […]

12 March 2014

The government has made it easier for people to build their own homes by cutting the Community Infrastructure Levy on self-built accommodation. Property developers have to pay a levy to local councils to help with the cost of the infrastructure needed to support the development. Some local councils charge £100 per square metre for residential […]

12 March 2014

A landlord company has won its appeal to be paid money owed by a commercial tenant which had gone into administration before completing the surrender of its lease. The case involved a retail group that leased several properties.  It got into financial difficulty and began proceedings to surrender the leases. Money was held in escrow […]

12 March 2014

The government is looking at ways to ensure that large businesses pay their suppliers on time. The Prompt Payment Code (PPC) was set up in 2008 to encourage companies to pay invoices within the agreed timescale. However, the PPC has been widely criticised for being ineffective. Recent research by YouGov revealed that 85% of small […]

12 March 2014

An engineering firm has lost its appeal against having to pay damages to an airline company. The case involved a breach of contract by the engineers. They had an agreement with the airline that they would service aircrafts at a specified hourly rate. However, the airline was not obliged to use the service. Over time, […]

12 March 2014

After many years building up a business, directors often worry about how to bow out successfully while ensuring that the firm continues to thrive.  The key to ensuring a smooth succession is to start planning as early as possible ahead of your target retirement date. The first step is to hold meetings with those who […]

27 February 2014

Small and medium-sized enterprises (SME) in the UK are failing to invoice their clients for up to £3.7billion a year, according to recent research. Even though businesses are battling through a difficult economic climate, 20% admit they have forgotten to invoice for work on at least one occasion. Of the 450 SMEs surveyed, 6% admitted […]

27 February 2014

The director of an insolvent company has been ordered to return money he paid to himself at a time when he knew the business was struggling and likely to fail. The case involved the director of a company specialising in waste management projects. The business got into financial difficulties and started to build up debts […]

27 February 2014

An installation company has won compensation from a firm of surveyors who were negligent when assessing the suitability of properties for cavity wall insulation. The installers won their case even though they had been negligent themselves. Employees of the surveying firm had inspected two timber-framed houses to determine whether they were suitable to have cavity […]

27 February 2014

A pharmaceutical company has failed to prevent two former employees setting up their own firm and competing for business from one of its main customers, the NHS. The issue arose when the company considered selling adrenaline pens but then decided not to go ahead. Two of its employees thought there was a market for the […]