News

Consultants entitled to £212k fee because of implied contract term

September 28th 2021
 

A firm of consultants were entitled to a large fee for introducing a client to an insurance company even thought there was no specific contract. The law allowed for a fair payment to be implied in the business agreement. Sam Lyon Head of Corporate & Commercial reports on this recent case. That was the decision of the High Court in a case involving Premia Marketing Ltd v Regis Mutual Management…

Sam Lyon

Business Outlook Tracker – Your expectations for the next 12 months

September 27th 2021
 

We are conducting a survey in collaboration with the UK200Group, of which we are proud members of, to help capture feedback from across the UK which they can use to understand how businesses have fared over the past 12 months and their outlook for the future. We conduct this survey every 6 months and it helps us to gauge the market which in turn arms us with insights to develop…

Sam Lyon

Damage to premises did not invalidate break clause in lease

September 27th 2021
 

The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. Stephanie Johnson Senior Associate Solicitor reports on this recent case The break clause provided that the tenant could terminate the lease if it gave “vacant possession of the Premises to the Landlord” on the relevant break date. The lease defined the “Premises” to…

Court settles brothers’ dispute over administering mother’s Will

September 27th 2021
 

A man has been removed as an executor of his mother’s Will after his brother complained that he was obstructing the administration of the estate. Megan Wilkinson, Associate Solicitor, reports on this recent case. The case involved three brothers; two of them were executors of her will. Following several years of disagreement, one of the brothers raised a petition seeking the removal of the other as an executor. The petitioner…

Paying for Social Care: Big changes – but not yet…

September 23rd 2021
 

The announcement of the Government’s plan for reforming social care is a big political news story.  But the costs of paying for care – and getting the care you or your loved one needs – is a very human story which affects increasing numbers of us. Stephanie Johnson Senior Associate Solicitor and Head of our Health and Social Care Team provides an update … The plan reintroduces the 2011 proposal…

Contract entitled restaurant manager to be director and shareholder

September 22nd 2021
 

The High Court has ruled that a restaurant manager was entitled to be a director and shareholder of a new business he had set up with a married couple. He was also entitled to payments as specified in a contract agreed by both sides. Sam Lyon Head of Corporate & Commercial reports on this recent case. The manager had run a restaurant from premises which were held on a 15-year…

Sam Lyon

Lasting Powers of Attorney

September 21st 2021
 

With September being Alzheimer’s Month, it is a good time to consider making Lasting Powers of Attorney. A Lasting Power of Attorney is a document in which you appoint one or more people (your attorneys) to make decisions on your behalf.  There are 2 different types of Lasting Power of Attorney; one for your property and financial affairs and one for health and welfare.  They can be especially useful if…

Educating staff to prevent sexual harassment in the workplace is vital, says leading lawyer

September 21st 2021
 

EMPLOYERS need to educate their staff on what constitutes sexual harassment and sex discrimination in the workplace as the Government announces that it will bring in new legislation to protect employees from being victims of such behaviour at work. This is the opinion of leading employment lawyer Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, who said sexual harassment and sex discrimination was still a problem…

minimum wage

Law firm doubles up on fundraising push for charity

September 16th 2021
 

COLLEAGUES from a leading legal firm took part in two fundraising events over the same weekend to raise money for a local charity. Staff at Cartmell Shepherd Solicitors put their best foot forward to raise around £1,300 for Carlisle and North Lakeland Hospice at Home, with donations still coming in. On Saturday, September 11, a four-strong team joined the charity’s Step Up to the Plate sponsored walk along the Hadrian’s…

Landlord loses service charge appeal after failing to consult tenants

September 15th 2021
 

A landlord has lost its appeal against a decision that it could not impose service charges for certain works because it had failed to consult tenants properly. Natalie Tatton Solicitor reports on this recent case. The landlord owned several flats let on long leases. It carried out various works to the flats and, in 2017, sought to recover the cost from the lessees through the service charge. It applied to…

tenants
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