News

Contract entitled restaurant manager to be director and shareholder

September 22nd 2021
 

The High Court has ruled that a restaurant manager was entitled to be a director and shareholder of a new business he had set up with a married couple. He was also entitled to payments as specified in a contract agreed by both sides. Sam Lyon Head of Corporate & Commercial reports on this recent case. The manager had run a restaurant from premises which were held on a 15-year…

Sam Lyon

Lasting Powers of Attorney

September 21st 2021
 

With September being Alzheimer’s Month, it is a good time to consider making Lasting Powers of Attorney. A Lasting Power of Attorney is a document in which you appoint one or more people (your attorneys) to make decisions on your behalf.  There are 2 different types of Lasting Power of Attorney; one for your property and financial affairs and one for health and welfare.  They can be especially useful if…

Educating staff to prevent sexual harassment in the workplace is vital, says leading lawyer

September 21st 2021
 

EMPLOYERS need to educate their staff on what constitutes sexual harassment and sex discrimination in the workplace as the Government announces that it will bring in new legislation to protect employees from being victims of such behaviour at work. This is the opinion of leading employment lawyer Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, who said sexual harassment and sex discrimination was still a problem…

Joanne Stronach

Law firm doubles up on fundraising push for charity

September 16th 2021
 

COLLEAGUES from a leading legal firm took part in two fundraising events over the same weekend to raise money for a local charity. Staff at Cartmell Shepherd Solicitors put their best foot forward to raise around £1,300 for Carlisle and North Lakeland Hospice at Home, with donations still coming in. On Saturday, September 11, a four-strong team joined the charity’s Step Up to the Plate sponsored walk along the Hadrian’s…

Landlord loses service charge appeal after failing to consult tenants

September 15th 2021
 

A landlord has lost its appeal against a decision that it could not impose service charges for certain works because it had failed to consult tenants properly. Natalie Tatton Solicitor reports on this recent case. The landlord owned several flats let on long leases. It carried out various works to the flats and, in 2017, sought to recover the cost from the lessees through the service charge. It applied to…

tenants

Employer had made ‘all reasonable adjustments’ for disabled employee

September 13th 2021
 

A disabled employee has lost a discrimination claim after a judge concluded that her employer had made all reasonable adjustments to avoid any disadvantage to her. Joanne Stronach Head of Employment and HR reports on this recent case. The employee, Ms Martin, started working for the employer in 2014. She had several stress-related absences. In March 2017, an occupational health report advised that she had a chronic medical condition exacerbated…

Joanne Stronach

Legal firm offers free guide to SME businesses

September 8th 2021
 

A LEADING legal firm has produced a handy guide for businesses planning for the future. Cartmell Shepherd Solicitors, who are members of the UK200Group, have created the ‘Top 20 Tips for SMEs’ guide which focuses on practical steps businesses can take. The guide highlights the three key areas that businesses should focus on: their cash, their people and their customers. Commenting on the guide, Sam Lyon, Head of Corporate and…

Court interprets woman’s will to enable all her children to inherit

September 7th 2021
 

The High Court has reconciled contradictory instructions relating to a deceased woman’s estate so that all three of her children can receive an equal inheritance. Rebecca Armstrong Associate Solicitor reports on this case. The court made the ruling after the trustees of a settlement applied for an interpretation of the woman’s will. Under the deed of settlement, the woman had a special power of appointment in respect of property in…

Tougher penalties for not belting up

September 6th 2021
 

WEARING a seat belt saves lives – possibly your own, or potentially that of a loved one sharing the car with you. Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury… But it would appear that too many people are taking risks by not buckling up when in vehicles, and sadly the consequences can be catastrophic, sometimes fatal. A recent report by Cumbria Police revealed that the constabulary…

e-scooters

Director didn’t breach duty over employee bonus in company transfer

September 2nd 2021
 

A director didn’t breach his legal duty when he gave an employee an enhanced bonus entitlement shortly before a takeover involving the transfer of employment contracts. Mark Aspin Head of Dispute Resolution reports on this recent case: That was the decision of the High Court in a case involving Reader v SPIE Ltd. The court heard that Paul Garside had sold his company to SPIE under a share purchase agreement which…

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