The sixth edition of our Agricultural Newsletter is now live
November 14th 2022“You couldn’t write it, could you? If you had said 12 months ago that we would be on our third Prime Minister in 2 months, with inflation in double-digits and interest rates rising fast, few would have believed you. But here we are. For farmers, the transition to ELMS and SFI is still unsettled. The window to apply for the lump sum exit scheme has closed, with a reported several…
Cost of creditor bankruptcy and liquidation deposits rise
November 10th 2022The Insolvency Service has increased the cost of deposits paid to initiate creditor bankruptcies and compulsory liquidations. Carly Davies, our Debt Control Manager reports. The petition deposit, the amount that needs to be paid up-front to seek an order, has increased in all cases where a petition is filed at court after 1 November 2022. There will be no change to the adjudicator petition deposit where the individual applies for their own…
Boy granted £50k from aunt’s estate as she had ‘taken on the role of mother’
November 7th 2022A 12-year-old boy has been granted £50,000 from his late aunt’s estate on the basis that he had been treated as a child of the family. Rebecca Armstrong Associate Solicitor in our Will Claims team reports on this recent case. The boy was taken in by his aunt shortly after his birth because his mother was unable to care for him herself. The aunt acted as the boy’s main parental figure until her…
Legal firm’s agriculture team among best in country
October 21st 2022A LAW firm is celebrating after its agriculture team won national recognition for its services. Cartmell Shepherd Solicitors’ Agriculture and Estates department has been named as one of the best in the country by a top UK legal guide. It is the third consecutive year that the team has been ranked in the top tier of legal firms in The Chambers UK Legal Guide. The Agriculture and Estates team, which…
Dispute over divorce settlement including future inheritance
October 20th 2022The Family Court has ruled on a dispute over whether a couple’s divorce settlement should take into account potential future payments and inheritance from the husband’s father. Julian Nelson, Director in our Family Law Team reports on this recent case. The case involved a couple who had met in 2001 and married in 2004. The husband was from a very wealthy family. The couple entered into a pre-marital agreement, as required by the…
Covid patient loses claim as she wasn’t disabled at time of dismissal
October 17th 2022A worker who lost her job while positive for Covid-19 and then went on to be diagnosed with long Covid has lost her disability discrimination claim. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. Ms Quinn worked as ‘Head of People’ for Sense Scotland from 9 December 2019. On 11 July 2021 she tested positive for Covid and was dismissed from her role on 27 July 2021. …
Legal firm launches new training scheme for graduates
October 7th 2022A 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 2022The 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…
Franchisor’s restraint of trade covenant held to be unenforceable
September 22nd 2022A 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…
Tenant not liable after sub-tenant unlawfully evicted by landlord
September 20th 2022The 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,…
