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…
Business Outlook Tracker – Your expectations for the next 12 months
September 27th 2021We 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…
Damage to premises did not invalidate break clause in lease
September 27th 2021The 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…
Contract entitled restaurant manager to be director and shareholder
September 22nd 2021The 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…
Educating staff to prevent sexual harassment in the workplace is vital, says leading lawyer
September 21st 2021EMPLOYERS 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…
Landlord loses service charge appeal after failing to consult tenants
September 15th 2021A 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…
Employer had made ‘all reasonable adjustments’ for disabled employee
September 13th 2021A disabled employee has lost a discrimination claim after a judge concluded that her employer had made all reasonable adjustments to avoid any disadvantage to her. Joanne Stronach Head of Employment and HR reports on this recent case. The employee, Ms Martin, started working for the employer in 2014. She had several stress-related absences. In March 2017, an occupational health report advised that she had a chronic medical condition exacerbated…
