Supreme Court rules on burden of proof in employment claims
August 12th 2021The Supreme Court has upheld a decision that a postman had not been subjected to race discrimination when his applications for more than 30 jobs all failed. Joanne Stronach Head of Employment & HR reports on this recent case. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals dealing with discrimination claims, particularly in reference to the burden of proof and whether any adverse…
Directors breached their duties when setting up their pensions
August 11th 2021The High Court has ruled that two directors breached their legal duties when they used company property to fund their pensions. Sam Lyon Head of Corporate & Commercial reports on this recent case. The case involved a company that had been incorporated in 1998 to take over a volunteer-run project that renovated and resold donated furniture. In 2001 the company bought a property as its premises. Some of its profits…
Landlord wins dispute over service charges in commercial building
August 9th 2021A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. Natalie Tatton Solicitor reports on this recent case. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord of a building comprised of offices, a sportswear store, a theatre and a restaurant. McKinsey leased…
Lasting Powers of Attorney to be made safer and simpler
August 5th 2021The process of managing a loved one’s affairs using a Lasting Power of Attorney (LPA) is to be made simpler and safer. Jane Oakley a member of our Wills, Probate & Inheritance team provides an update. An LPA is a legal document that allows people to appoint someone else (an attorney) to make decisions about their welfare, money or property. They are often used by older people to choose someone…
Finance consultants entitled to their €855,000 commission
August 3rd 2021A finance consultancy was entitled to €855,000 commission for its part in acquiring investment money for a large property development. Sam Lyon Head of Corporate & Commercial reports on this recent case. That was the decision of the Court of Appeal in a case involving EMFC Loan Syndications and The Resort Group. The Group had engaged EMFC to assist it to raise financing of up to €130 million. The contract stated…
Steps needed to reduce high fatality rate on farms
July 30th 2021FARMERS and agricultural workers are being urged to make health and safety more of a priority after fatalities on the farm doubled in the space of a year. Ahead of Injury Prevention Week which runs between August 2nd and August 6th 2021, Carol Fish an injury lawyer at Cartmell Shepherd Solicitors specialising in serious and catastrophic injuries, is raising awareness of the dangers around the farm after new data from…
What should you do if you or your staff are ‘pinged’ by the NHS COVID-19 App? Guidance for employers
July 22nd 2021It is being reported that there are an increasing number of people being ‘pinged’ by the NHS COVID-19 App. The terminology ‘pinged’ is referring to when a person is sent an alert by the App. The App sends anonymous alerts if the user has been in close contact with another app user who has tested positive and will notify them that they should self-isolate, thereby helping to break chains of…
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…
