Families need access to digital assets of deceased loved ones
October 12th 2021Probate lawyers are urging the government to introduce reforms to make it easier for families to access the ‘digital assets’ of deceased relatives. Kendra Winter Associate Solicitor provides an update. A new report carried out by STEP – the professional body for inheritance planning advisers – highlights the extent of the distress caused by being cut off from digital assets when family members die or become incapacitated. The research was carried out…
Farming award for Cumbrian solicitor
October 8th 2021A recently qualified agricultural solicitor has been recognised for her work in the rural sector. Emma Blamire, 25, who lives on her family’s farm at Thursby, near Carlisle, picked up the Agricultural Student/ Rural Skills Award at the inaugural Cumbria Farmer Awards 2021. Emma is part of Cartmell Shepherd Solicitors’ Agriculture and Estates team, one of the leading agricultural law practices in the north of England. Judges praised how she…
One in five couples now start married life with a prenup
October 6th 2021There’s been a large rise in the number of married couples using ‘prenups’ over the last 20 years, according to a new survey. Taylor Chanter Solicitor in our Family department reports. The survey, carried out by Savanta ComRes for the Marriage Foundation, found that one in five couples married since 2000 have some form of a pre-nuptial agreement in place. This compared to just 1.5% who were married in the…
Appeal Court considers whether external doors are landlords’ fixtures
October 6th 2021The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. Natalie Tatton Solicitor reports on this recent case. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included a covenant by the tenant at cl.3(4) not to “remove any of the landlord’s fixtures” without first having made a written application…
Constructive dismissal after sexual comments ‘can constitute harassment’
October 5th 2021The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). Joanne Stronach Head of Employment and HR reports on this recent case. The case involved a woman who resigned after alleging that her employer had made comments that constituted harassment related to sex, race or disability. The Employment Tribunal…
Smart driving on the motorway
October 4th 2021As our roads get busier, solutions need to be found to cope with the inevitable delays caused by heavy traffic. Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury… One of the initiatives introduced in a bid to increase capacity on our congested road network are smart motorways. Unlike conventional motorways, which have a fixed speed limit of 70mph (unless there are roadworks or an incident) and a…
Consultants entitled to £212k fee because of implied contract term
September 28th 2021A firm of consultants were entitled to a large fee for introducing a client to an insurance company even thought there was no specific contract. The law allowed for a fair payment to be implied in the business agreement. Sam Lyon Head of Corporate & Commercial reports on this recent case. That was the decision of the High Court in a case involving Premia Marketing Ltd v Regis Mutual Management…
Business Outlook Tracker – Your expectations for the next 12 months
September 27th 2021We are conducting a survey in collaboration with the UK200Group, of which we are proud members of, to help capture feedback from across the UK which they can use to understand how businesses have fared over the past 12 months and their outlook for the future. We conduct this survey every 6 months and it helps us to gauge the market which in turn arms us with insights to develop…
Damage to premises did not invalidate break clause in lease
September 27th 2021The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. Stephanie Johnson Senior Associate Solicitor reports on this recent case The break clause provided that the tenant could terminate the lease if it gave “vacant possession of the Premises to the Landlord” on the relevant break date. The lease defined the “Premises” to…
Court settles brothers’ dispute over administering mother’s Will
September 27th 2021A man has been removed as an executor of his mother’s Will after his brother complained that he was obstructing the administration of the estate. Megan Wilkinson, Associate Solicitor, reports on this recent case. The case involved three brothers; two of them were executors of her will. Following several years of disagreement, one of the brothers raised a petition seeking the removal of the other as an executor. The petitioner…
