Dementia sufferer was aware of his actions so his will was valid
May 26th 2022An elderly farmer who suffered from dementia understood what he was doing when he changed his will shortly before his death and so the alterations should be accepted as representing his true wishes. David Tew, Associate Solicitor in our Will Claims team reports on this recent case. That was the decision of the Court of Appeal in a case involving a dispute between members of the same family. In 2005 the…
Insurance company wins £80m contract dispute with IBM
May 23rd 2022IBM has been ordered to pay an insurance company £80m following a contract dispute. Stephanie Johnson Senior Associate Solicitor in our dispute resolution team reports on this recent case. It had agreed to provide Soteria Insurance Ltd with an IT system over a 10-year period. After a series of delays, Soteria refused to pay a “milestone” invoice presented by IBM. Relying on the non-payment, IBM terminated the contract, and the IT system…
Care worker unfairly dismissed after becoming pregnant
May 19th 2022A personal care assistant was unfairly dismissed and discriminated against after being called “useless” when she revealed she was pregnant, a tribunal has ruled. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved care assistant Sandy Croly who was employed by Kelly Ann Smith, who is paralysed from the neck down. Smith lived with her two children, aged nine and eleven, and employed four other…
Court settles dispute between cohabitants over home ownership
May 16th 2022The High Court has settled a dispute between a cohabiting couple over who should own the home they had shared until they split up. Shannon Bateson, Solicitor in our family law team reports on this recent case. The couple, Mr Lee Hudson and Ms Jayne Hathway, had purchased their home in joint names. They both worked and paid their respective salaries into a joint account. Over time, Hudson’s earnings overtook Hathway’s…
Restrictive covenant placed on MD ‘reasonable and enforceable’
May 12th 2022A veterinary company has successfully used a restrictive covenant to prevent its former managing director contacting its clients with a view of taking them to his new business. Rebecca Armstrong Associate Solicitor in our dispute resolution team reports on this recent case. The case involved Eville and Jones (Group) Ltd and Aldiss. As managing director, Aldiss was responsible for the day-to-day running of the business and held a 5% share in the company.…
House of Commons employee victimised over hot desking policy
May 9th 2022A House of Commons employee who had a musculoskeletal condition was discriminated against as a result of her office’s hot desking policy. Jennifer Cafferky Solicitor in our employment team reports on this recent case. Ms A Baker had worked at the House of Commons since 1991. She needed to use specialist desk equipment such as an orthopaedic chair, specialist keyboard and mouse, number pad and reading/writing slope. However, due to the…
Franchisor granted injunction to prevent use of confidential data
May 5th 2022A letting boards management franchisor has been granted an injunction to prevent a former franchisee from using confidential data. Mark Aspin Head of Dispute Resolution reports on this recent case. However, it was unable to prevent the former franchisee from setting up a competing business in the area. The case involved Countrywide Signs Ltd, whose business was the erection, maintenance and management of sales and lettings boards used by estate agents. This involved…
Ban on ground rent will cut costs for future leaseholders
May 3rd 2022A government ban on charging ground rent on new leases is set to cut costs for future homeowners by hundreds of pounds a year. Elizabeth Crouch Senior Associate Solicitor & Head of Residential Property provides an update. The ban comes into force in England and Wales on 30 June 2022. Leasehold is a form of home ownership that gives a leaseholder the exclusive right to live in a property for a…
‘Unwanted’ son claims share of late father’s estate from niece
April 21st 2022The son of a car and property magnate has successfully sued his niece to gain a share of his late father’s estate and avoid becoming homeless. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Colin Johnston was the son of Sidney Johnston, who died in 2017 leaving a £2.4 million estate to Colin’s niece, Lady Natalie Wackett. The father and son had fallen out in 1992 after a breakdown…
Irish worker was racially harassed when boss mocked his accent
April 19th 2022The Employment Tribunal has ruled that an Irishman was racially harassed and victimised when his bossed danced “like a leprechaun” in front of him and mocked his accent. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved Jonathan Kelly, who worked in the warehouse at the Oriental superstore Hoo Hing in Romford. When a warehouse colleague was nearly hit by some heavy items that fell…
