Business Law

A landlord has successfully challenged an injunction granted to a tenant who claimed he had been unlawfully evicted. The court also granted the landlord a possession order for the property under dispute. Natalie Tatton, solicitor in our dispute team reports on this recent case. The tenant, Mr Rasool, had applied for a without notice interim injunction, supported by undated and unsigned particulars of claim. His case was that the landlord, Paddington…

For the second year, Cumbrian based solicitors, Cartmell Shepherd is supporting the North West Family Business Awards, which will be held on Friday 13th May at the Rum Warehouse, Titanic Hotel, Liverpool.  The prestigious Awards are a real calendar highlight for many and celebrate the best businesses, employers and employees in the North West family business sector. As key partners of The Family Business Network, Peter Stafford will be joining…

A former partner in an accountancy firm has lost his appeal against a ruling that he had brought an age discrimination claim out of time. Joanne Stronach, Head of Employment and HR, reports on this recent case. The case involved Philip Parr and MSR Partners LLP (formerly Moore Stephens LLP). Parr had been an equity partner of the firm when it was Moore Stephens. The LLP Members’ Agreement provided for all…

EMPLOYERS should think carefully before reducing sick pay for isolating unvaccinated staff, says a leading employment solicitor. Joanne Stronach, who is Head of Employment Law and HR at Cartmell Shepherd Solicitors, said employers could put themselves at risk of contract or discrimination claims if they introduce rules without first seeking legal advice. The warning comes after several national companies including Ikea and Morrisons cut sick pay for unvaccinated staff who…

The High Court has outlined what constitutes a business partnership in law following a dispute between a couple who ran a business together. Sam Lyon, Head of Corporate & Commercial, reports on this recent case. The case involved Ms Burnett and Mr Barker. Barker had set up a business as a sole trader offering fire safety services at events. Burnett was working for a company that dealt with administration, invoicing and…

Injunction granted against ‘poaching and competing’ employee Our associate solicitor in dispute resolution, Rebecca Armstrong, brings us an overview of this remarkable case which illuminates the complexities of the question – is poaching employees illegal in the UK? In a landmark case, a UK-based logistics company, JM Solutions UK Ltd, successfully secured an injunction against a former employee named Dave, accused of employee poaching and working with a rival company.…

A university lecturer was unfairly dismissed after she was accused of being ‘unnaturally loud’. Jennifer Cafferky, solicitor in our employment team, reports on this recent case. The case involved Dr Annette Plaut, who was an experimental physics lecturer at the university of Exeter until she was fired in 2019. She had been at the university since 1990. Her style involved leading many heated discussions which included expressive gestures, hand movements and…

The government is introducing new powers to clamp down on directors who dissolve companies to avoid paying their liabilities. Rogue directors may be required to pay compensation to creditors. Carly Davies Debt Recovery Manager provides an update. The new legislation extends the Insolvency Service’s powers to investigate and disqualify company directors who abuse the company dissolution process. The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act will also help tackle directors…

A supplier has failed in its bid to use a force majeure event as a reason to avoid repaying a customer after it failed to fulfil a contract. Sam Lyon, Head of Corporate & Commercial, reports on this recent case. The issue arose after the two parties entered into a contract in February 2019 for the supply of sulphur diesel. In accordance with the contract, the buyer made a significant advance…

A forklift operator who was sacked for attending work after his son contracted Covid has won his claim of unfair dismissal. He said he believed his son was just faking symptoms. Joanne Stronach Head of Employment and HR reports on this recent case. David Lewis had worked for The Benriach Distillery Company for 23 years with a clean disciplinary and attendance record. In February 2021, his line manager learnt that Lewis’…