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…
Couples in company law dispute over development project
March 18th 2024Informal business arrangements often lead to legal disputes when disagreements arise, as in a recent case before the Court of Appeal. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. It involved two couples who set up a property development company. One couple held a 51% stake (the Majority) and the other couple owned 49% (the Minority). All four served as directors. The company acquired a piece of land…
RTM company entitled to pursue covenant claim against tenant
March 12th 2024A right to manage company was entitled in the same way as a landlord to pursue a case in the First-tier Tribunal (FTT) against the lessee of a flat who was in breach of covenant. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. That was the decision of the Court of Appeal in a case involving Eastpoint Block A RTM Co Ltd v Otubaga.…
Manager loses tribunal claim over right to work only from home
March 3rd 2024A senior manager has lost her tribunal claim for the right to work entirely from home. Joanne Stronach Director and Head of Employment reports on this recent case. The case involved Miss Wilson, who works for the Financial Conduct Authority (FCA). The FCA allowed her to work from home during Covid for health reasons. When Covid restrictions eased at the end of 2022, she applied to change her terms of employment…
Essential Legal Tips for Business Growth
February 29th 2024Small businesses are the backbone of the economy, driving innovation and creating employment opportunities. However, as a business owner, you are often required to wear many hats, juggling the roles of CEO, financial planner, marketer, and more. During this balancing act, the legal aspects of running a business can sometimes take a back seat, potentially leading to larger issues down the road. At Cartmell Shepherd we understand the unique challenges…
Businesses urged to comply with Alternative Dispute Resolution law
February 27th 2024The Government has urged businesses to ensure they comply with Alternative Dispute Resolution (ADR) regulations. Mark Aspin Director and Head of Dispute Resolution provides an update. ADR is a process for resolving disputes between consumers and traders that doesn’t involve going to court. This is done by means of putting the consumer and the trader in contact with a neutral third party, with the aim of assisting a speedy, mutual agreement. The Alternative…
Difference between a deed and a contract proves crucial in dispute
February 21st 2024When drawing up business agreements the method used can prove crucial, as seen in a recent case before the High Court. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. Lendlease Construction (Europe) Ltd wanted to bring a claim against consultancy firm Aecom Ltd in relation to the construction of the oncology centre at St James’s Hospital in Leeds. The issue was whether the agreement between the two companies…