Personal Law

Probate 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…

There’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…

The 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…

As 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…

A 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…

The announcement of the Government’s plan for reforming social care is a big political news story.  But the costs of paying for care – and getting the care you or your loved one needs – is a very human story which affects increasing numbers of us. Stephanie Johnson Senior Associate Solicitor and Head of our Health and Social Care Team provides an update … The plan reintroduces the 2011 proposal…

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…

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…

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…

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. Joanne Stronach Head of Employment & HR reports on this recent case. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS Foundation Trust for 38 years and managed 50 nursing staff. In 2015 she was commended for her care and leadership qualities.…