Business Law

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…

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

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

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

Employer had made ‘all reasonable adjustments’ for disabled employee

September 13th 2021
 

A 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…

minimum wage

Legal firm offers free guide to SME businesses

September 8th 2021
 

A LEADING legal firm has produced a handy guide for businesses planning for the future. Cartmell Shepherd Solicitors, who are members of the UK200Group, have created the ‘Top 20 Tips for SMEs’ guide which focuses on practical steps businesses can take. The guide highlights the three key areas that businesses should focus on: their cash, their people and their customers. Commenting on the guide, Sam Lyon, Head of Corporate and…

Director didn’t breach duty over employee bonus in company transfer

September 2nd 2021
 

A director didn’t breach his legal duty when he gave an employee an enhanced bonus entitlement shortly before a takeover involving the transfer of employment contracts. Mark Aspin Head of Dispute Resolution reports on this recent case: That was the decision of the High Court in a case involving Reader v SPIE Ltd. The court heard that Paul Garside had sold his company to SPIE under a share purchase agreement which…

Jewellery designer wins passing off claim against rival

August 31st 2021
 

A jewellery designer who had built up a strong brand reputation has won a passing off claim against a new business using a similar name. Sam Lyon Head of Corporate & Commercial reports on this recent case. The Intellectual Property Enterprise Court heard that Alyssa Smith started out as a sole trader in 2009, using the trading signs Alyssa Smith Jewellery, Alyssa Jewellery and @alyssajewellery. She attracted media attention, with…

Sam Lyon

Nursing officer was dismissed for making protected disclosures

August 25th 2021
 

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. Joanne Stronach Head of Employment & HR reports on this recent case. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS Foundation Trust for 38 years and managed 50 nursing staff. In 2015 she was commended for her care and leadership qualities.…

minimum wage

Interior designers win dispute over hotel ‘five-star finish’

August 24th 2021
 

A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. Selina Gonzalez Trainee Solicitor reports in this recent case. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to provide interior design services, furniture and fittings for a new apartment hotel in Scotland. The brief stated that the hotel was intended…

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