The seventh edition of our Agricultural Newsletter is now live
November 18th 2024It’s been an eventful few weeks for those in farming, either as owners or as landlords. You won’t have missed the storm of protest over the Budget. Who knows if the farmer protests will have any effect, but if not then those with farms and businesses will need to plan ahead. There are some obvious things that people should do, especially those who are married or young enough to expect at least…
Restrictive covenant against director ‘too restrictive to enforce’
November 7th 2024The High Court has dismissed a company’s bid to enforce restrictive covenants against a former director. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The ruling determined that the covenants, which sought to prevent the director from competing for up to 10 years, were unenforceable due to their excessive scope and duration. The case involved Literacy Capital plc, an investment firm, which sought an interim injunction to prevent…
No-fault eviction ban and more renter rights revived by government
October 31st 2024The government has revived plans to ban no-fault evictions and provide renters with greater protection and security. Laura Murphy, Paralegal in our Dispute Resolution team provides an update. The Renters’ Rights Bill will ban Section 21 evictions for new and existing tenancies, extend Awaab’s Law into the private rented sector and end blanket bans for those on benefits or with children. Ministers say banning Section 21 will reassure tenants they…
Agriculture team at Cumbrian legal firm ranked one of the best in the country
October 31st 2024THE agriculture team at a Cumbrian law firm has been ranked as one of the best in the country for the fifth consecutive year. Cartmell Shepherd Solicitors’ agriculture team received top ranking in the prestigious Chambers UK Legal Guide 2025 which lists the UK’s best law firms and solicitors. The industry recognition comes less than a month after the department retained its Band 1 rating in The Legal 500 professional…
Costcutter wins contract dispute over convenience stores’ debts
October 24th 2024The Costcutter Supermarkets Group has won a contract dispute with two convenience store operators over whether a limitation clause meant they did not have to pay for goods received. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. The issue arose when Costcutter sought to enforce debts owed by the store operators. The stores argued that the limitation clause in their trading agreements capped their liability, effectively nullifying their…
New pledge to crack down on late payments to small businesses
October 16th 2024The government has pledged to support small businesses and the self-employed by tackling what it calls “the scourge of late payments”. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team provides an update. Delays to payment of invoices cost small businesses £22,000 a year on average and lead to 50,000 closures a year. The government is now consulting on tough new laws designed to hold larger firms to account. In…
Is a limited company the right structure for your business?
October 16th 2024When considering how to structure your business in the UK, there are several options available. One option worth considering is setting up a limited company. While it may seem daunting, it offers significant benefits compared to other business structures. A limited company is a separate legal entity from its owners, which means your personal assets are normally protected if things go wrong. This concept, known as limited liability, is one…
Minority shareholder has partial success in unfair treatment claim
October 2nd 2024A minority shareholder has lost his claim that he was treated unfairly when trying to sell his shares back to the company. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. However, he had a partial success in that the court agreed that his shares may have been undervalued by the company’s auditor. The case revolves around Stuart Wells, a former director and 14.3% shareholder…
Company insolvencies higher now than during Covid pandemic
September 9th 2024The number of company insolvencies in July was higher than any month during the Covid pandemic, according to the latest figures from the Insolvency Service. Carly Davies, our Debt Control Manager provides an update. After seasonal adjustment, the number of registered company insolvencies in England and Wales in July 2024 was 2,191. That was 16% higher than the same month in the previous year (1,890 in July 2023). The number of company…
Bed bound employee not allowed to work from home awarded £31k
September 3rd 2024A property agent who was not allowed to work from home after becoming bed bound has been awarded £31,000 compensation. Jennifer Cafferky Associate Solicitor in our employment team, reports on this recent case. Pauline Pilawa started working for the estate agency, Properties on the Market in July 2019. At the time, she was suffering with endometriosis following surgery to remove an ovarian cyst. Her condition meant she had difficulties with…