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…
Changes to holiday pay entitlement could save employers up to £248m
February 19th 2024Changes to the way holiday pay is calculated for irregular and part-time workers could save businesses up to £248m a year, according to government figures. Joanne Stronach Director and Head of Employment & HR reports on this recent case. The government says it is exercising its Brexit freedom to change how holiday entitlement is calculated for people who do not work full-time throughout the year. This includes shift-workers, school employees and…
Tenants to get more protection against discrimination by landlords
January 18th 2024The Government has announced changes to the Renters (Reform) Bill to protect vulnerable residents and improve the safety of homes for tenants. Joseph Halvorsen, Apprentice Trainee Solicitor, reports on this recent case. It has tabled amendments to make it illegal for landlords and agents to have blanket bans on renting to people who receive benefits or who have children – ensuring families aren’t discriminated against when looking for a home…
Worker was discriminated against after revealing mental ill-health
January 11th 2024A worker whose contract was cancelled within hours of her revealing her mental ill-health was discriminated against on the grounds of disability. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the ruling of the Employment Tribunal in the case of Ms Zalejska and Cameo Consultancy (Recruitment) Limited. Ms Zalejska was appointed to a 12-week assignment at Principal Medical, based at Banbury Cross Health Centre. The…
Corporate insolvencies increase by more than 60% in two years
January 3rd 2024The number of corporate insolvencies has increased by more than 60% over the last two years, according to the latest figures from the Insolvency Service. Carly Davies, our Debt Control Manager provides an update. They increased by 17.6% in October 2023 to a total of 2,315 compared to September’s total of 1,969, and increased by 18.5% compared to October 2022’s figure of 1,954. The increase was 64.2% from October 2021’s total of…
