Partner entitled to share partnership assets despite her resignation
June 5th 2024A woman who resigned from her family’s business partnership is still entitled to a share in the partnership assets, the Court of Appeal has ruled. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case of Procter v Procter involved a 600-acre farm. The partnership consisted of two brothers, their sister, and their father. Each partner was entitled to one quarter of the profits. The partnership agreement had…
Legal dispute specialists shortlisted in prestigious regional awards
May 28th 2024The Dispute Resolution team at a Cumbrian legal firm has been named as a finalist in the Northern Law Awards. The team from Cartmell Shepherd Solicitors has been shortlisted in the Litigation and Dispute Resolution category of the prestigious regional awards. It is the only entry with its head office in Cumbria to make the final. The specialist legal team supports clients across Cartmell Shepherd’s offices in Cumbria and Northumberland,…
High Court upholds decision not to impose deposit penalty on landlord
May 7th 2024The High Court has upheld a judge’s decision not to impose penalties on a landlord after a tenant complained that he had not been provided with information about his tenancy deposit as required under the Housing Act. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The case involved Mr Lowe and the Governors of Sutton’s Hospital in Charterhouse. The issue involved confusion over clauses in…
Rate for unfair dismissal and redundancy pay awards rise by nearly 9%
April 22nd 2024The maximum limit for unfair dismissal awards and statutory redundancy pay has risen by nearly 9%. Joanne Stronach Director and Head of Employment provides an update. The increase takes into account the high rate of inflation over the last year. The new rate is effective from 6 April. The statutory cap for a week’s pay when assessing compensation for unfair dismissal is now £700, up from £643 during the previous 12 months.…
Tenant’s appeal against possession order struck out by court
April 18th 2024The High Court has struck out a commercial tenant’s notice of appeal against a possession order because it was “bound to fail”. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. The issue arose after the landlord had granted the tenant a lease of the property in 2020. The lease contained a break clause giving the landlord the option to terminate with appropriate written notice.…
Employee unfairly dismissed over alleged sexual remarks awarded £60k
April 15th 2024A mental health practitioner who was unfairly dismissed over alleged sexual remarks has been awarded £60,000 compensation. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The Employment Tribunal ruled that the investigation carried out by the employer had not been reasonable. The case involved Mr G, who was an experienced professional with 23 years unblemished service with City of York Council. A colleague made a formal complaint,…
Camelot lottery case clarifies when T&Cs are valid in online contracts
April 10th 2024A dispute between Camelot lottery and one of its players has helped to clarify the validity of terms and conditions in online contracts, particularly when customers have ticked a box to confirm they have read them. Joseph Halvorsen, Apprentice Trainee Solicitor, reports on this recent case. The case involved Ms Joan Parker-Grennan, who opened an online National Lottery account in 2009. She ticked the box confirming that she had read…
Flexible working rights for millions of employees come into effect
April 8th 2024Millions of employees now have the right to request flexible working to determine where and when they work. Joanne Stronach Director and Head of Employment provides an update. The new rights are part of the Employment Relations (Flexible Working) Bill, which came into effect on 6 April. Flexible working is a broad term and can relate to working hours or pattern including part-time, term-time, flexi-time, compressed hours, or adjusting start and finish…
Gove pledges to ban No-fault evictions before the General Election
April 2nd 2024The Housing Secretary Michael Gove says the Government will ban No-fault evictions before the next General Election, which must take place within the next 10 months. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The Government first pledged to outlaw the process when it came to power in 2019. The Renters (Reform) Bill, which includes a ban on no-fault evictions, was introduced in Parliament last…
Transgender worker loses harassment claim over ‘deadnaming’
March 26th 2024A transgender worker has lost her claim that she was harassed when she was ‘deadnamed’ on the staff rota. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. Deadnaming means using the name a transgender person was given at birth instead of the name they adopt after transitioning. The case involved Mandie Monroe, a trans woman who worked for Central Bedfordshire Council. On the application form for the…
