Business granted new tenancy despite opposition from landlord
April 20th 2023A recent case involving Gill v Lees News Ltd highlights the granting of a new tenancy to a business despite opposition from the landlord due to breaches of the tenancy agreement. Stephanie Johnson, Senior Associate Solicitor, provides a report on this case. The landlord opposed the tenant’s application for a new tenancy based on disrepair, rent arrears, other breaches of the agreement, and an intention to redevelop the premises. In…
Mother’s health must stabilise before she returns abducted son
April 13th 2023The Court of Appeal has overturned a decision that a mother must return her abducted son to Australia. It ruled that her mental health must be given time to stabilise before any order is made. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a 31-year-old British woman and her six-year-old son. The father was Australian. They began a relationship in 2015 and lived together…
Contract did not entitle agent to reduced share of £1.2m fee
April 3rd 2023An agreement that an agent was to receive £1.2 million if a property was sold for £6.5 million did not entitle him to a reduced fee if the property sold for a lower figure. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. That was the decision of the Supreme Court in a case involving Barton v Gwyn-Jones. At the first court hearing, the judge found…
Businesses should prepare for flexible working changes, says leading employment lawyer
March 30th 2023PLANS to give workers more rights to request flexible working could impact on the way businesses operate, a leading employment lawyer has warned. Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, said employers needed to be prepared for the new legislation which will give workers the right to request flexible working from the first day of their employment. Currently, new employees have to wait 26 weeks…
Woman loses discrimination claim based on her marital status
March 27th 2023The Employment Appeal Tribunal has overturned a decision that a woman was discriminated against because of her marital status. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr Graham Ellis and Ms K Bacon, who had both worked for Advanced Fire Solutions Ltd (AFS). Bacon joined AFS Ltd as a bookkeeper in 2005. She later married Mr J Bacon, who was the company’s managing…
Court rejects man’s late attempt to inherit his brother’s estate
March 20th 2023The High Court has rejected a man’s claim that he was entitled to inherit his brother’s estate instead of the brother’s wife. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The issue arose because in September 2002, the deceased had executed a will bequeathing his whole estate to his brother. However, following his marriage in 2010, he had instructed solicitors to draft a new will, but before executing it…
Legal firm builds on success with six new promotions
March 17th 2023A LEGAL firm is investing in the future by promoting six members of its team to key positions. Cartmell Shepherd Solicitors has made the appointments as part of its commitment to strengthening and developing the firm, which currently employs more than 90 people based at its six offices across Cumbria and Northumberland. The internal promotions include the appointment of Kendra Winter to Senior Associate Solicitor and Shannon Bateson, Emma Blamire…
Divorce settlement to be reviewed due to husband’s non-disclosure
March 13th 2023A divorce settlement is to be re-examined by the Family Court because of the husband’s fraudulent non-disclosure of his assets. Julian Nelson, Director in our Family Law Team reports on this recent case. The couple had settled by consent during their divorce in 2010. However, it was subsequently found that the husband had misrepresented his assets, in particular the value of his company. The 2010 order was set aside and, following a…
HR discriminated by taking female’s complaint more seriously than male’s
March 9th 2023A factory worker has won his claim of sex discrimination after his dispute with a female co-worker was not handled in an equal manner by HR. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Michal Swaciak worked as a team leader production line operative for Rowse Honey from September 2012. In May 2020, a member of his team, Agata Kulaga, was in line for a…
Father committed to prison for failing to return abducted children
March 6th 2023A father has lost his appeal against a decision to commit him to prison for continually breaching orders requiring him to return his abducted children to their mother. Joanne Grey Associate Solicitor in our family law team reports on this recent case. The father was born in Libya; the mother in Malta. They moved to the UK in 2002 and became British citizens. They had three children: a daughter aged 22, who was…
