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…
Woman loses discrimination claim based on her marital status
March 27th 2023The Employment Appeal Tribunal has overturned a decision that a woman was discriminated against because of her marital status. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr Graham Ellis and Ms K Bacon, who had both worked for Advanced Fire Solutions Ltd (AFS). Bacon joined AFS Ltd as a bookkeeper in 2005. She later married Mr J Bacon, who was the company’s managing…
Court rejects man’s late attempt to inherit his brother’s estate
March 20th 2023The High Court has rejected a man’s claim that he was entitled to inherit his brother’s estate instead of the brother’s wife. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The issue arose because in September 2002, the deceased had executed a will bequeathing his whole estate to his brother. However, following his marriage in 2010, he had instructed solicitors to draft a new will, but before executing it…
Legal firm builds on success with six new promotions
March 17th 2023A LEGAL firm is investing in the future by promoting six members of its team to key positions. Cartmell Shepherd Solicitors has made the appointments as part of its commitment to strengthening and developing the firm, which currently employs more than 90 people based at its six offices across Cumbria and Northumberland. The internal promotions include the appointment of Kendra Winter to Senior Associate Solicitor and Shannon Bateson, Emma Blamire…
