Personal Law

Musician awarded £64,000 after being injured in accident

January 30th 2019
 

By Carol Fish Director & Head of Personal Injury A musician has been awarded £64,000 compensation after suffering injuries to his hip in a road accident. The collision happened when he was riding his scooter on a main road and was attempting to turn right on to a minor road.  He was hit by a 4×4 vehicle entering the main road from the minor road. He fell and landed heavily…

Carol Fish

Advising the Agriculture Sector on Future Proofing Their Businesses

January 22nd 2019
 

THE focus of the agricultural world was tuned into a unique event which tackled challenges and opportunities in the sector against the backdrop of an uncertain post-Brexit economy. More than 125 people packed into The Shepherd’s Inn at Rosehill, Carlisle, for the Future Proof Farming event, which was a collaboration between four major organisations. Legal firm Cartmell Shepherd joined forces with accountants Armstrong Watson, The Cumberland Building Society and The…

What is a reasonable excuse to breach child arrangement order?

January 21st 2019
 

By Laura Ousby, Solicitor A Child Arrangements Order is a court order regulating arrangements with whom a child is to live, spend time or otherwise have contact and when a child is to live, spend time or otherwise have contact with any person and is usually the last resort when arrangements cannot be agreed amicably. It is most common for such Orders to be made between mums and dads. The…

Employers face new legal duty to prevent sexual harassment

January 14th 2019
 

By Joanne Stronach Head of Employment & HR The government is introducing a new Code of Practice that will place a legal duty on employers to prevent sexual harassment in the workplace. The code will contain several measures including protections for volunteers and interns. The government says it wants to introduce the code so employers better understand their legal responsibilities to protect their staff. The new measures will be put…

Joanne Stronach

Court appoints deputy for patient unable to manage her affairs

January 9th 2019
 

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.…

Rebecca-L-Armstrong, Cartmell Shepherd Solicitors

Do I have grounds for Divorce?

December 18th 2018
 

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…

Property owner liable to pay council tax after tenant fled

December 14th 2018
 

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…

Woman ‘side-lined’ during maternity leave wins discrimination claim

December 11th 2018
 

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…

Court rules that assisted suicide clauses in LPAs are ineffective

December 3rd 2018
 

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…

Warring couples must put their children first this Christmas

November 29th 2018
 

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…

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