Landlord cannot demand payment of service charges out of time
October 25th 2021A landlord could not get round the requirement to make a “demand for payment of the service charge” within the 18-month time limit specified in law. Natalie Tatton Solicitor reports on this recent case. That was the ruling of the Court of Appeal in a case involving a landlord that held the head lease of the residential parts of a large mixed-use development. Several residential flats in the building were let…
Law firm receives top ranking for work in agricultural sector
October 22nd 2021The agricultural team at a leading law firm has been named among the best in the country. Cartmell Shepherd Solicitors’ Agriculture and Estates department has been recognised for its expertise and knowledge of the farming sector in a national legal guide, which ranks lawyers and law firms throughout the UK. The Chambers UK Guide 2022 placed the team in the top tier of legal firms for the second year in…
Director awarded £30,000 after role downgraded during maternity
October 20th 2021A marketing director was discriminated against when she was dismissed for refusing to accept a reduced role and a £20,000 pay cut while she was on maternity leave. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved Mrs S Shipp, who had worked at City Sprint UK for 10 years from 2010-2020. She became pregnant in 2019 and was asked by the director of operations…
Covid testing company granted injunction against employee
October 18th 2021A company that provides Covid testing equipment has been granted an injunction to prevent a former employee from working for a rival business for a period specified in a restrictive covenant. Mark Aspin Head of Dispute Resolution reports on this recent case. The case involved Source Bioscience UK Ltd, part of a group of companies that provide laboratory services to clients in the pharmaceutical industry, the NHS and private healthcare providers. The…
Solicitor lands dream job after fitting seven years of studies around raising three children
October 15th 2021When Selina Gonzalez became pregnant at the age of 17, her aspirations of becoming a solicitor were put on ice. But a determined Selina, now 38, didn’t give up on her dreams and has juggled seven years of studying law with raising three children to realise her ambition of being admitted to the Roll of Solicitors of England and Wales. Landing her dream job working as a Dispute Resolution solicitor…
Teachers’ redundancy dismissal without appeal ruled unfair
October 14th 2021Two teachers have won their claim of unfair dismissal after they were denied the right of appeal against being made redundant. Joanne Stronach Head of Employment and HR reports on this recent case. The teachers had been employed by the local authority to work at a community secondary school (School 1). Due to a reorganisation of education provision, the local authority decided to close School 1 and replace it with a…
Farming award for Cumbrian solicitor
October 8th 2021A recently qualified agricultural solicitor has been recognised for her work in the rural sector. Emma Blamire, 25, who lives on her family’s farm at Thursby, near Carlisle, picked up the Agricultural Student/ Rural Skills Award at the inaugural Cumbria Farmer Awards 2021. Emma is part of Cartmell Shepherd Solicitors’ Agriculture and Estates team, one of the leading agricultural law practices in the north of England. Judges praised how she…
Appeal Court considers whether external doors are landlords’ fixtures
October 6th 2021The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. Natalie Tatton Solicitor reports on this recent case. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included a covenant by the tenant at cl.3(4) not to “remove any of the landlord’s fixtures” without first having made a written application…
Constructive dismissal after sexual comments ‘can constitute harassment’
October 5th 2021The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). Joanne Stronach Head of Employment and HR reports on this recent case. The case involved a woman who resigned after alleging that her employer had made comments that constituted harassment related to sex, race or disability. The Employment Tribunal…
Consultants entitled to £212k fee because of implied contract term
September 28th 2021A 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…
