Safety controller who nearly caused rail accident ‘unfairly dismissed’
June 1st 2023A team leader with controller of site safety status who nearly caused a rail accident was unfairly dismissed because the delay in dealing with his case took too long and was “wholly unreasonable”. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the decision of the Employment Tribunal in a case involving Network Rail Infrastructure (NRI) and Mr C Boxall. Boxall, who worked as a lubrication…
Court clarifies law on service charges as tenants lose appeal
May 26th 2023The Supreme Court has dismissed an appeal by tenants against rises in service charges and clarified how the law should be applied under the Landlord and Tenant Act 1985 (the Act). Natalie Tatton Solicitor in our dispute team reports on this recent case. The tenants occupied residential units within a block of flats. Under the terms of each lease, the tenants were required to pay a service charge (comprising a share of insurance,…
Corporate insolvencies soar by a third to highest level for three years
May 22nd 2023Corporate insolvencies soared by 37.7% in March to their highest level for three years, according to figures from the Insolvency Service. Carly Davies, our Debt Control Manager provides an update. There was a total of 2,457 insolvencies in March 2023 compared to February’s total of 1,784. That was a 15.9% increase compared to March 2022’s figure of 2,120. Corporate insolvencies increased by 145.9% from March 2021’s total of 999 and by 99.3%…
Long Covid sufferer held to be disabled despite regular gym sessions
May 19th 2023A tribunal has ruled that a long Covid sufferer could be classified as disabled despite being able to run a side business and attend regular sessions at the gym. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr S Bradley who brought an unfair dismissal claim against Cultureshift Communications. Before the claim could proceed in full, it was necessary to determine whether Bradley’s symptoms…
Court of Appeal upholds restrictive covenant relating to employee
May 10th 2023The Court of Appeal has upheld a restrictive covenant preventing a former employee from working for a rival until 12 months after the end of his contract. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved NZP Ltd, which developed and produced bile acid derivatives for sale to pharmaceutical companies for use in their products. One of its senior employees, Mr Boydell, was responsible for the…
Mediation before court action to be mandatory for separating couples
April 28th 2023Separating couples will be obliged to try mediation before being allowed to go to court to settle disputes over financial and child custody arrangements. Joanne Grey Associate Solicitor in our family law team provides an update. The government announcement is part of a major shake-up of the family justice system. The proposals will see mediation become mandatory in all suitable low-level family court cases excluding those that include allegations or a history of…
Business granted new tenancy despite opposition from landlord
April 20th 2023A recent case involving Gill v Lees News Ltd highlights the granting of a new tenancy to a business despite opposition from the landlord due to breaches of the tenancy agreement. Stephanie Johnson, Senior Associate Solicitor, provides a report on this case. The landlord opposed the tenant’s application for a new tenancy based on disrepair, rent arrears, other breaches of the agreement, and an intention to redevelop the premises. In…
Mother’s health must stabilise before she returns abducted son
April 13th 2023The Court of Appeal has overturned a decision that a mother must return her abducted son to Australia. It ruled that her mental health must be given time to stabilise before any order is made. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a 31-year-old British woman and her six-year-old son. The father was Australian. They began a relationship in 2015 and lived together…
Contract did not entitle agent to reduced share of £1.2m fee
April 3rd 2023An agreement that an agent was to receive £1.2 million if a property was sold for £6.5 million did not entitle him to a reduced fee if the property sold for a lower figure. Laura Murphy, Paralegal in our Dispute Resolution team reports on this recent case. That was the decision of the Supreme Court in a case involving Barton v Gwyn-Jones. At the first court hearing, the judge found…
Businesses should prepare for flexible working changes, says leading employment lawyer
March 30th 2023PLANS to give workers more rights to request flexible working could impact on the way businesses operate, a leading employment lawyer has warned. Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, said employers needed to be prepared for the new legislation which will give workers the right to request flexible working from the first day of their employment. Currently, new employees have to wait 26 weeks…
