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,…
Family disputes over Wills and probate continue to rise
May 20th 2024The number of family disputes over Wills and probate rose by just over 5% in 2023, according to the latest family court statistics. Selina Gonzalez Associate Solicitor in our dispute resolution team reports. There are several reasons why this might happen. The increase in the number of second and even third marriages make life more complicated these days. People making a Will may have to weigh up the conflicting interests of their children…
Government decides against increasing divorce fee by 10%
May 13th 2024The Government has decided against increasing divorce fees by 10% as initially proposed. Sarah Hinett, Paralegal in our Family Law Team provides an update. The decision comes after a public consultation in which concerns were expressed that higher fees could lead to some couples being trapped in an unhappy or abusive marriage. Divorce application fees will now remain at £593. In its response to the consultation, the Ministry of Justice said: “Consultation…
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…
Acquisition reunites practice partner with the law firm where he learned his profession
May 3rd 2024A PARTNER at a leading Northumberland law firm is once again working for the company where he trained following a recent amalgamation. Simon Jewitt’s legal career began as a trainee solicitor at Cumbria-based law firm Cartmell Shepherd Solicitors 21 years ago. The opportunity to move back to his native Tyne Valley to work for Hexham firm Nicholson Portnell proved too strong a pull in 2007 and he has worked his…
Summer holiday myths: advice for ex-partners travelling with children
May 1st 2024Summer is coming and families are starting to get excited about trips to warmer climes. Sadly, the summer months are often a time when hostilities between ex-partners peak and we get an increase in enquiries from parents who are unaware of what they can and cannot do when wanting to book time away with their kids. There are plenty of misconceptions around holidays, so let’s bust some myths around taking…
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,…