Couples in company law dispute over development project
March 18th 2024Informal business arrangements often lead to legal disputes when disagreements arise, as in a recent case before the Court of Appeal. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. It involved two couples who set up a property development company. One couple held a 51% stake (the Majority) and the other couple owned 49% (the Minority). All four served as directors. The company acquired a piece of land…
Early legal advice for separating couples but no mandatory mediation
March 15th 2024Separating couples will get early legal advice as part of the Government’s family court reforms, but the idea of introducing mandatory mediation has been scrapped. Joanne Grey Senior Associate Solicitor in our family law team reports on this recent case. A legal advice pilot will be launched to help families agree child arrangements quickly, addressing barriers to early resolution including a lack of understanding of the options available such as mediation, which will…
RTM company entitled to pursue covenant claim against tenant
March 12th 2024A right to manage company was entitled in the same way as a landlord to pursue a case in the First-tier Tribunal (FTT) against the lessee of a flat who was in breach of covenant. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. That was the decision of the Court of Appeal in a case involving Eastpoint Block A RTM Co Ltd v Otubaga.…
We’re proud to support Update Your Will Week 2024
March 7th 2024This week is Update Your Will Week (4th–10thMarch), an annual campaign hosted by The Association of Lifetime Lawyers. It aims to raise awareness around the risks of not having an up to date Will and encourages people to update their Will to ensure their wishes are carried out when they die. Why is it important to have an up to date Will? Having an up to date, well-drafted Will is…
Manager loses tribunal claim over right to work only from home
March 3rd 2024A senior manager has lost her tribunal claim for the right to work entirely from home. Joanne Stronach Director and Head of Employment reports on this recent case. The case involved Miss Wilson, who works for the Financial Conduct Authority (FCA). The FCA allowed her to work from home during Covid for health reasons. When Covid restrictions eased at the end of 2022, she applied to change her terms of employment…
Children to remain with mother even though she abducted them
February 28th 2024A court has ruled that two children should remain with their mother even though she abducted them and retained them unlawfully. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a Polish couple who moved to Scotland with their three-year-old son in 2013. They then had a second son who was born in 2015. The family remained in Scotland until July 2021, when they returned…
Businesses urged to comply with Alternative Dispute Resolution law
February 27th 2024The Government has urged businesses to ensure they comply with Alternative Dispute Resolution (ADR) regulations. Mark Aspin Director and Head of Dispute Resolution provides an update. ADR is a process for resolving disputes between consumers and traders that doesn’t involve going to court. This is done by means of putting the consumer and the trader in contact with a neutral third party, with the aim of assisting a speedy, mutual agreement. The Alternative…
Wife ordered to pay husband £120k after trying to thwart settlement
February 22nd 2024A wife has been ordered to pay her husband £120,000 after trying to thwart the terms of their divorce settlement. Amy Fallows Senior Associate Solicitor & Head of our Family Law team reports. The Family Court heard that the couple had run a property lettings business together. All the properties were in the wife’s sole name, as was the matrimonial home. A final order was made in 2021 that provided for a roughly…
Difference between a deed and a contract proves crucial in dispute
February 21st 2024When drawing up business agreements the method used can prove crucial, as seen in a recent case before the High Court. Stephanie Johnson, Senior Associate Solicitor, reports on this recent case. Lendlease Construction (Europe) Ltd wanted to bring a claim against consultancy firm Aecom Ltd in relation to the construction of the oncology centre at St James’s Hospital in Leeds. The issue was whether the agreement between the two companies…
Changes to holiday pay entitlement could save employers up to £248m
February 19th 2024Changes to the way holiday pay is calculated for irregular and part-time workers could save businesses up to £248m a year, according to government figures. Joanne Stronach Director and Head of Employment & HR reports on this recent case. The government says it is exercising its Brexit freedom to change how holiday entitlement is calculated for people who do not work full-time throughout the year. This includes shift-workers, school employees and…
