Court upholds woman’s second will despite her dementia

November 28th 2019

The High Court has declared that an 86-year-old woman’s will was valid even though she suffered from dementia at the time she made it. The case involved a family dispute between two brothers and two sisters. Their mother had died in 2015, aged 86. She had made a will in 2010 leaving her house to one of the brothers. However, she then made a second will in 2011 declaring that…

Employers wrong to dismiss worker who could not take on a full-time role

November 25th 2019

The Employment Tribunal has ruled that an employee was unfairly dismissed after her company diluted her job share arrangement and created new roles that were only available to full-time workers. The case involved an employee of Capita Customer Management Limited named Mrs J McBride. She worked as head of quality and compliance before taking maternity leave in April 2015. She returned to work two years later and resumed her duties,…

Joanne Stronach

Brothers fail to overturn their mother’s will leaving estate to sister

November 20th 2019

Three brothers have failed in their bid to overturn their mother’s will, which left nearly all her estate to their sister. The mother had originally made a will dividing her estate equally between her four children. However, her views changed after her health began to deteriorate in 2009 and her daughter came to live with her as her carer until she died in 2016. The brothers offered only limited help…

Trainee solicitor selected to represent Hospice at Home at the London Marathon

November 19th 2019

Our second year trainee solicitor Andrew Campbell has been selected to represent the Hospice at Home at the London Marathon! Andrew has agreed to share his training journey as he prepares for the big day on 26th April 2020. Ever since I found out I would be competing in the London marathon I have experienced a range of different emotions. A sense of achievement to be raising money for such a…

Worker was discriminated against due to his ‘perceived religion’

November 18th 2019

A Royal Mail worker was a victim of racial discrimination even though the comments made towards him were not specifically about his own religion. That was the ruling of the Employment Tribunal at a recent hearing involving Mr Shunmugaraja, who was a manager at the Royal Mail Cardiff depot. He described himself as a Hindu of British-Indian origin. One of his workers, Mr Brown, refused to complete various tasks, and…

Claire Davies

Developer overturns covenant preventing offices becoming homes

November 14th 2019

A developer has succeeded in overturning a restrictive covenant that would have prevented an office block being converted into homes. The block was next to other office buildings and close to several apartment blocks. The head lease was for a term of 150 years from 1985 and contained a covenant restricting its use to office premises. The local authority, which owned the building, was entitled to 15.5% of the net…

Legal firm’s newest recruit joins team after relocating from East Anglia

November 12th 2019

ONE of the newest members of a top legal firm’s 100-strong team has spoken of his delight at joining the company. Nick Devlin, who along with wife Georgina has recently moved to Cumbria from East Anglia, says he had always hoped he would one day be a member of the Cartmell Shepherd family. He first got a taste of the business during a work placement week – and almost six…

legal firm

Agricultural team has been officially ranked

November 8th 2019

CARTMELL’S dedicated agriculture team has been officially ranked one of the two best in the North of England in a worldwide legal listing. Unrivalled industry insight and expertise held by the department saw them awarded the ‘top tier’ ranking in the Legal 500 alongside international firm Womble Bond Dickinson. Cartmell Shepherd directors Jonathan Carroll and Mark Jackson were named as leading individuals in their field while associate solicitor Katherine Pretswell-Walker…

Number of first-time home buyers reaches 12-year high

November 7th 2019

The number of first-time home buyers has reached its highest level for 12 years. The latest mortgage data reveals that 35,010 people took their first step on the property ladder in August. That’s the highest monthly total since August 2007. The figures, from UK Finance, follow the Ministry of Housing’s own research revealing 87% of the public would prefer to buy rather than rent. It also found 57% of people…

Deputyship Fee Refunds

November 5th 2019

The Office of the Public Guardian (“OPG”) have begun to offer deputyship fee refunds to those who were overcharged fees from the 1st of April 2008 to the 31st of March 2015. Why are the OPG offering refunds? A deputy is a person appointed by the Court of Protection to be legally responsible for someone who no longer has the ability to make decisions for themselves. Currently you must pay £365…

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