Court outlines tests for delusional mindset when making a Will
July 21st 2021The High Court has outlined some tests for mental capacity and whether a person may have had delusional beliefs when making a Will. Peter Stafford Managing Director reports on this recent case. The issue arose following a family dispute involving a brother and sister. Their parents had divorced in 1980 when their mother discovered letters written by her husband which revealed that he had sexually abused his daughter, the sister in…
What now for employers with Covid restrictions being eased?
July 15th 2021Legal restrictions in place in respect of Covid-19 will start to end on Monday 19th July in England, Wales and Scotland. Each country is taking a slightly different approach to timings and some of the detail around what is required, but in all countries, there is the start of an easing. This is a significant move away from the restrictions and obligations that we have been living with for over…
Adult brothers not entitled to further money under father’s will
July 14th 2021Two adult brothers have failed in their attempt to be given a share of their deceased father’s estate after being left out of his will. Rebecca Armstrong Associate Solicitor reports on this recent case. The High Court ruled that it was clear that the father had made provision for them while he was alive and did not want them to receive anything further. The brothers were aged 40 and 39. Their…
Directors who breached their duties ordered to repay £600k
July 12th 2021Two businessmen who breached their legal duties as company directors have been ordered to repay £600,000, even though the court accepted that one of them probably hadn’t realised that anything unlawful was happening. Sam Lyon Head of Corporate & Commercial reports on this recent case. The case involved TMG Brokers Ltd, which had gone into liquidation. The liquidator applied for declarations under the Insolvency Act 1986 in relation to certain payments…
Protection against evictions and winding-up petitions extended
July 8th 2021The government is extending protection against evictions and winding-up petitions for businesses that are still struggling because of Covid-19. Natalie Tatton, Solicitor provides an update. Legislation will be introduced to ringfence outstanding unpaid rent that has built up when a business has had to remain closed during the pandemic. Landlords are expected to make allowances for the ringfenced rent arrears from these specific periods of closure due to the pandemic…
Law firm sees demand for its business legal services increase by a third
July 7th 2021DEMAND for business legal services from a leading law firm has increased by one third during the past year. Cartmell Shepherd Solicitors has reported the year-on-year rise in new work for businesses across Cumbria and Northumberland, and throughout the UK. Sam Lyon, Head of Corporate and Commercial for Cartmell Shepherd, said the figure reflected consistent growth across the multi-disciplined Business Services team, which includes corporate, commercial property, employment and disputes.…
Nurse dismissed by North Cumbria Integrated Care NHS for refusing to work weekends wins appeal in landmark ruling
July 6th 2021A nurse who was dismissed for refusing to work weekends has won a landmark ruling that could affect thousands of women with children. Joanne Stronach Head of Employment & HR reports on this recent case. The community nurse had worked fixed days because she had three children, including two with disabilities. However, she was dismissed after the trust introduced weekend working. She said she was unable to work Saturdays and Sundays…
Landlord wins right to challenge Nero coffee chain CVA
July 5th 2021A landlord has won the legal right to challenge a company voluntary arrangement (CVA) proposed by the Nero coffee shop group. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Nero, which has over 800 shops in the UK, was severely affected by the Covid-19 pandemic and had fallen into rent arrears at its shops. Mr Young was the landlord of one of the shops, the rent from which was…
Director banned for paying herself while failing to pay creditors
June 30th 2021A broker who traded while insolvent and took money from her company for herself while failing to pay creditors £140,000 has been disqualified for seven years. Mark Aspin Director & Head of Dispute Resolution reports. Kathleen Shepherd, aged 58, from Southampton, was the sole director of Shepherd Site Services Limited, a company which acted as a broker to provide waste management services to the construction industry. The company went into administration…
Boss told cancer patient she was ‘lucky to get a free boob job’
June 23rd 2021A woman with breast cancer who was told by her boss that she was lucky to get a free boob job from the NHS, has won her claim of harassment. Joanne Stronach Head of Employment & HR reports on this recent case. Aggie Kownacka was a recruitment manager for Textbook Teachers from June 2017 until December 2018. In May 2018, she was diagnosed with breast cancer and was required to undergo…
