Staff

Dispute over divorce settlement including future inheritance    

October 20th 2022
 

The Family Court has ruled on a dispute over whether a couple’s divorce settlement should take into account potential future payments and inheritance from the husband’s father.    Julian Nelson, Director in our Family Law Team reports on this recent case. The case involved a couple who had met in 2001 and married in 2004.        The husband was from a very wealthy family. The couple entered into a pre-marital agreement, as required by the…

Covid patient loses claim as she wasn’t disabled at time of dismissal 

October 17th 2022
 

A worker who lost her job while positive for Covid-19 and then went on to be diagnosed with long Covid has lost her disability discrimination claim.  Jennifer Cafferky Solicitor in our employment team, reports on this recent case. Ms Quinn worked as ‘Head of People’ for Sense Scotland from 9 December 2019.  On 11 July 2021 she tested positive for Covid and was dismissed from her role on 27 July 2021. …

Girl can remain in UK with mother despite order from French Court

October 12th 2022
 

To enforce an order from a French court to relocate a five-year-old girl from her mother in England to live with her father in France would be draconian, the English Court of Appeal has ruled. Amy Fallows Senior Associate Solicitor & Head of our family law team reports. The girl was born in France in 2016; two years later her mother and father separated.  In February 2019, the French High Court gave the mother…

Legal firm launches new training scheme for graduates

October 7th 2022
 

A NEW training programme offering a more flexible route to qualifying as a solicitor has been launched by a leading legal firm. Cartmell Shepherd Solicitors, which operates across Cumbria and Northumberland, say the new scheme will provide more opportunities by enabling recruits to work while they study. The training programme offers law graduates the chance to work part-time as a paralegal for Cartmell Shepherd while studying for their Law Practice…

Siblings fail to overturn will involving the care of a parrot 

October 6th 2022
 

Three siblings have failed to overturn their stepmother’s will after she left everything to her biological son.  Rebecca Armstrong Associate Solicitor in our Will Claims team reports on this recent case. The son claimed that his mother had changed the will after the siblings’ father died so that he could look after her parrot.  The case involved 61-year-old Ian McLean and his siblings Sean and Lorraine, and their half-brother, a self-titled “Lord” Brett…

Employee’s contract entitled him to benefits of income protection

October 3rd 2022
 

The Court of Appeal has ruled that a clause in a worker’s contract entitling him to a 5% rise in sick pay each year should be applied even though his employers amended their policy two years after his employment began. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Joel Langton worked for Amdocs Systems Groups Ltd from 2003.  His contract included Clause 6, which entitled…

Joanne Stronach

Mixed fortunes for homebuyers as stamp duty cut but interest rates rise 

September 29th 2022
 

Homebuyers are considering their options amid a flurry of activity that is having a major impact on the housing market.  Elizabeth Crouch Senior Associate Solicitor & Head of Residential Property provides an update. On the plus side, the government has announced a cut in stamp duty and extra help for first-time buyers, together with plans to release more land for newbuilds.   On the negative side, the Bank of England has raised…

Franchisor’s restraint of trade covenant held to be unenforceable 

September 22nd 2022
 

A franchisor has been told by the High Court that its restraint of trade provisions in a franchise agreement were unenforceable.  Sam Lyon Head of Corporate & Commercial reports on this recent case. Dwyer (UK Franchising) operated an emergency plumbing and drainage franchise business. In September 2018, an individual trading as Fredbar entered into a 10-year franchise, which would be his sole source of income.  He had a mortgage on the family home…

Sam Lyon

Tenant not liable after sub-tenant unlawfully evicted by landlord

September 20th 2022
 

The High Court has overturned a decision that a tenant was liable to pay damages to his sub-tenant after she was unlawfully evicted by the property owner.  Natalie Tatton, Solicitor in our dispute team provides an update. Mr Brem rented a hairdressing salon from the property owner Mr Marchant, with the agreement that he could also make use of the flat upstairs.  Brem sub-let the flat to a member of his salon staff,…

Employer entitled to dismiss consultant who didn’t disclose bankruptcy   

September 16th 2022
 

An Employment Tribunal has ruled that an estate agent was entitled to dismiss a financial consultant for failing to disclose his bankruptcy, despite the absence of an express policy requiring such disclosure.     Joanne Stronach Director and Head of Employment & HR reports on this recent case. Mr K Pubbi was employed as a financial consultant by Your-Move.co.uk, an estate agency which also arranges mortgages and offers various insurance products.     Pubbi took…

Joanne Stronach
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