News

Legal firm launches new training scheme for graduates

October 7th 2022
 

A NEW training programme offering a more flexible route to qualifying as a solicitor has been launched by a leading legal firm. Cartmell Shepherd Solicitors, which operates across Cumbria and Northumberland, say the new scheme will provide more opportunities by enabling recruits to work while they study. The training programme offers law graduates the chance to work part-time as a paralegal for Cartmell Shepherd while studying for their Law Practice…

Employee’s contract entitled him to benefits of income protection

October 3rd 2022
 

The Court of Appeal has ruled that a clause in a worker’s contract entitling him to a 5% rise in sick pay each year should be applied even though his employers amended their policy two years after his employment began. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Joel Langton worked for Amdocs Systems Groups Ltd from 2003.  His contract included Clause 6, which entitled…

Joanne Stronach

Franchisor’s restraint of trade covenant held to be unenforceable 

September 22nd 2022
 

A franchisor has been told by the High Court that its restraint of trade provisions in a franchise agreement were unenforceable.  Sam Lyon Head of Corporate & Commercial reports on this recent case. Dwyer (UK Franchising) operated an emergency plumbing and drainage franchise business. In September 2018, an individual trading as Fredbar entered into a 10-year franchise, which would be his sole source of income.  He had a mortgage on the family home…

Sam Lyon

Tenant not liable after sub-tenant unlawfully evicted by landlord

September 20th 2022
 

The High Court has overturned a decision that a tenant was liable to pay damages to his sub-tenant after she was unlawfully evicted by the property owner.  Natalie Tatton, Solicitor in our dispute team provides an update. Mr Brem rented a hairdressing salon from the property owner Mr Marchant, with the agreement that he could also make use of the flat upstairs.  Brem sub-let the flat to a member of his salon staff,…

Employer entitled to dismiss consultant who didn’t disclose bankruptcy   

September 16th 2022
 

An Employment Tribunal has ruled that an estate agent was entitled to dismiss a financial consultant for failing to disclose his bankruptcy, despite the absence of an express policy requiring such disclosure.     Joanne Stronach Director and Head of Employment & HR reports on this recent case. Mr K Pubbi was employed as a financial consultant by Your-Move.co.uk, an estate agency which also arranges mortgages and offers various insurance products.     Pubbi took…

Joanne Stronach

Employers need to be aware of changes to fit note rules, says leading employment lawyer

September 13th 2022
 

EMPLOYERS across the UK are being made aware of recent changes allowing more health professionals to issue fit notes. To reduce pressures on doctors, particularly GPs, the Government added registered nurses, occupational therapists, pharmacists and physiotherapists to the list of professionals who can certify fit notes providing evidence to employers about a person’s absence if they have been off work with illness for seven days or more. Joanne Stronach, Head…

Sharp rise in number of firms facing insolvency and financial distress 

September 5th 2022
 

The number of firms going out of business or facing serious financial distress has risen sharply this year, according to the latest figures.  Carly Davies, our Debt Control Manager reports. The Insolvency Service says there were 5,629 corporate insolvencies in Q2, an increase of 12.7% compared to Q1’s figures of 4,995, and an increase of 81.3% compared to Q2 2021 (3,105).   Meanwhile, the Red Flag Alert produced by the recovery, financial advisory,…

House prices rise 11% over the year but slowdown may be looming  

September 1st 2022
 

House prices rose by 11% in the year to July, according to the latest figures from the Nationwide Building Society. However, increases in interest rates and the rising cost of living crisis could lead to a slowdown.  Sam Bulman Conveyancer in our Residential Property team reports. That slowdown may already be starting as the increase in prices between June and July was only 0.1%. The average house now costs £271,209.  Nationwide’s…

Supporters of Max the Miracle Dog help raise £45,000 for charity which saved brave girl’s life

August 22nd 2022
 

THE family of a brave nine-year-old girl have been overwhelmed by the generosity of supporters of a charity walk in memory of Max the Miracle Dog after £45,000 was raised for the air ambulance crew which saved their daughter’s life. In September 2015, two-year-old Ava Pearson, of Southwaite, north of Penrith, was given just hours to live after she sustained life threatening injuries when the car she was travelling in…

Court rejects ‘put up or shut up’ application in dispute over will  

August 18th 2022
 

The trustees of a man’s will have been told they cannot put a time limit on his daughter’s right to bring a claim against them unless they provided all the facts that determined how the estate should be divided.  Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved two siblings in dispute over the will of their late father.   The deceased owned an estate worth around £3.5…

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