News

By Rebecca Adams, Solicitor The Court of Protection has appointed a deputy to look after the interests of a woman who lacked capacity to manage her property and affairs. The woman was 71 and prior to becoming ill, had not set up a Lasting Power of Attorney, which would have enabled her to appoint someone in advance to look after her affairs if she became unable to do so herself.…

By Mark Aspin, Director and Head of Dispute Resolution A tenant has been awarded a refund of more than £18,000 after a wall collapsed at the property he was renting. The court heard that the tenant had signed a two-year lease on a house with no break clause. He paid all the £34,000 rent in advance. After moving in, the tenant contacted the letting agent to draw attention to the…

INDEPENDENT businesses hoping to exhibit at one of the UK’s biggest food and drink trade shows have been given a major boost.  Top legal firm Cartmell Shepherd has agreed to sponsor a key section of the This is Cumbria (TiC) area at next year’s Farm Shop and Deli Show at the NEC in Birmingham. The innovative TiC movement was launched earlier this year with a view to project the very…

By Jonathan Carroll Director and Head of Agriculture A married couple have succeeded in having a restrictive covenant modified to allow them to build more than one house on part of their land. The couple had bought the land together with a farmhouse in 2001 for £600,000 from a college.  They then obtained planning permission allowing them to convert two outbuildings, the “Modern Barn” and the “Old Barn”, into a single…

By Sally Irving Trainee Solicitor Under the law of England and Wales, there is only one ground for divorce: the irretrievable breakdown of a marriage. Most think that this alone is enough to make them eligible for a divorce – it’s not. Evidence needs to be provided to the Court to show that the marriage has broken down irretrievably and this is done by proving one of five facts: Adultery…

By Laura Bright Solicitor The High Court has ruled that the owner of a property was liable for council tax after the tenant renting it fled suddenly. At the end of 2016, there was a fire at the premises and it was discovered that it had been used for producing large quantities of cannabis. The tenant disappeared, having not paid rent. The property was subsequently sold to a new owner…

Joanne Stronach, Head of Employment Law & HR considers the Employment Tribunal case of Ms J Rajput v Commerzbank AG (2018). A compliance officer with an international bank who was “side-lined” after having a baby has won her claims of maternity and sex discrimination. Jagruti Rajput joined Commerzbank AG in London as a senior compliance advisor in 2012.  By 2015 she was being considered as a possible candidate for head of…

Mark Aspin Director and Head of Dispute Resolution The High Court has ruled that investors who had been persuaded to place money in a joint venture as a result of deceit should be compensated as if the failed project had not happened. The investment had been undertaken by Kea Investments Ltd, which placed £129m in a joint venture vehicle. The court ruled that as Kea had been induced to make the…

Sian Rae Solicitor People setting up Lasting Powers of Attorney (LPAs) to protect their interest in case they lose mental capacity in the future have scope to outline their wishes. However, an instruction that their attorney – the person they appoint to look after interests – should help them in an assisted suicide would be ineffective as it would be encouraging an unlawful act. That was the decision of the…

Laura Ousby Solicitor The magic of Christmas can be ruined for many children as they get caught up in a bitter tug of war between their separated parents. Imagine the stress they could face if they become the unwilling prize in a fight between the two people they love the most – their mum and dad. Sadly, it’s still the case that some parents use their children as a way…