Personal Law

Family disputes over Wills and probate continue to rise

May 20th 2024
 

The number of family disputes over Wills and probate rose by just over 5% in 2023, according to the latest family court statistics. Selina Gonzalez Associate Solicitor in our dispute resolution team reports. There are several reasons why this might happen. The increase in the number of second and even third marriages make life more complicated these days.  People making a Will may have to weigh up the conflicting interests of their children…

Government decides against increasing divorce fee by 10%

May 13th 2024
 

The Government has decided against increasing divorce fees by 10% as initially proposed. Sarah Hinett, Paralegal in our Family Law Team provides an update. The decision comes after a public consultation in which concerns were expressed that higher fees could lead to some couples being trapped in an unhappy or abusive marriage. Divorce application fees will now remain at £593. In its response to the consultation, the Ministry of Justice said: “Consultation…

High Court upholds decision not to impose deposit penalty on landlord

May 7th 2024
 

The High Court has upheld a judge’s decision not to impose penalties on a landlord after a tenant complained that he had not been provided with information about his tenancy deposit as required under the Housing Act. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. The case involved Mr Lowe and the Governors of Sutton’s Hospital in Charterhouse. The issue involved confusion over clauses in…

Summer holiday myths: advice for ex-partners travelling with children

May 1st 2024
 

Summer is coming and families are starting to get excited about trips to warmer climes. Sadly, the summer months are often a time when hostilities between ex-partners peak and we get an increase in enquiries from parents who are unaware of what they can and cannot do when wanting to book time away with their kids. There are plenty of misconceptions around holidays, so let’s bust some myths around taking…

Rate for unfair dismissal and redundancy pay awards rise by nearly 9%

April 22nd 2024
 

The maximum limit for unfair dismissal awards and statutory redundancy pay has risen by nearly 9%. Joanne Stronach Director and Head of Employment provides an update. The increase takes into account the high rate of inflation over the last year. The new rate is effective from 6 April. The statutory cap for a week’s pay when assessing compensation for unfair dismissal is now £700, up from £643 during the previous 12 months.…

Employee unfairly dismissed over alleged sexual remarks awarded £60k

April 15th 2024
 

A mental health practitioner who was unfairly dismissed over alleged sexual remarks has been awarded £60,000 compensation. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The Employment Tribunal ruled that the investigation carried out by the employer had not been reasonable. The case involved Mr G, who was an experienced professional with 23 years unblemished service with City of York Council. A colleague made a formal complaint,…

Flexible working rights for millions of employees come into effect

April 8th 2024
 

Millions of employees now have the right to request flexible working to determine where and when they work. Joanne Stronach Director and Head of Employment provides an update. The new rights are part of the Employment Relations (Flexible Working) Bill, which came into effect on 6 April. Flexible working is a broad term and can relate to working hours or pattern including part-time, term-time, flexi-time, compressed hours, or adjusting start and finish…

‘No Fault’ divorce applications fall by 12% after initial surge

March 27th 2024
 

The number of ‘No Fault’ divorce applications has fallen significantly following the initial surge when the new system came into effect in 2022. Sarah Hinett, Paralegal in our Family Law Team reports. Government figures show that in July to September 2023, there were 27,290 divorce applications. That was down 12% compared with the same quarter in 2022, which was the second quarter following the start of the new divorce law. It’s thought…

Transgender worker loses harassment claim over ‘deadnaming’

March 26th 2024
 

A transgender worker has lost her claim that she was harassed when she was ‘deadnamed’ on the staff rota. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. Deadnaming means using the name a transgender person was given at birth instead of the name they adopt after transitioning. The case involved Mandie Monroe, a trans woman who worked for Central Bedfordshire Council. On the application form for the…

Cohabitation – there’s no such thing as a ‘common law wife’

March 25th 2024
 

I don’t know if there’s something in the River Tyne, but Cartmell Shepherd has experienced a significant increase in enquiries from people looking for legal advice about cohabitation. On more than one occasion recently, I`ve been stopped in various locations “for a quick chat” about someone`s “common law” rights. In less than a century, how we “do” romantic relationships has shifted massively. Gone are the days when the only acceptable…

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