Court appoints deputy for patient unable to manage her affairs
January 9th 2019By 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.…
Do I have grounds for Divorce?
December 18th 2018By 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…
Property owner liable to pay council tax after tenant fled
December 14th 2018By 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…
Woman ‘side-lined’ during maternity leave wins discrimination claim
December 11th 2018Joanne 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…
Court rules that assisted suicide clauses in LPAs are ineffective
December 3rd 2018Sian 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…
Warring couples must put their children first this Christmas
November 29th 2018Laura 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…
Chancellor increases Living and Minimum wage rates
November 8th 2018Scott Garson Practice Manager Chancellor Philip Hammond has announced increases to the minimum wage rates. During his Budget speech, Mr Hammond said the National Living Wage will rise by 4.9%, from £7.83 to £8.21 from next April. This amounts to a £690 annual pay increase for a full-time worker. These are the increases recommended by the Low Pay Commission (LPC) and accepted in full by the government. They will come into…
Free will review offer launched by top legal firm
November 7th 2018A LEGAL company has launched a service which offers free will reviews for residents of West Cumbria. Staff at the Dovenby branch of Cartmell Shepherd are welcoming local residents to join them for a 30 minute consultation. They have decided to offer this service because many people unwittingly have wills which are out of date and no longer fit for purpose. The consequences can be seismic, with families potentially plunged…
‘Giveaway budget’ but no rise in inheritance tax allowances
October 30th 2018Deborah Flynn, Head of our Wills Probate & Inheritance Team considers recent budget results. Chancellor Philip Hammond surprised political commentators by producing what’s been described as a “giveaway budget” featuring tax cuts and increased public spending. While many people will welcome the increase in personal tax allowance and extra funds for services like the NHS, there was also some disappointment that there was no increase in inheritance tax allowances and the…
Woman subjected to sexual advances at work awarded £24,000
October 29th 2018Joanne Stronach, Head of Employment & HR considers a recent sexual harassment case in the Employment Tribunal. An employer who told a woman that sexual advances from a Spanish colleague were just cultural differences has been ordered to pay her £24,000 compensation. The woman, who has not been named, worked for Lincolns Care Ltd, supporting people with mental health and learning disabilities. While she was at work, a colleague, Juan…
