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…
Drax Power wins payment dispute over remedying work defects
July 28th 2021Drax Power was entitled to withhold payment relating to one set of works to offset the cost of remedying defects in another set of works carried out by the same contractor. Selina Gonzalez Trainee Solicitor reports on this recent case. That was the decision of the High Court in a case involving Drax and Shepherd Construction Ltd. The issue arose after Drax engaged Shepherd to design and build a facility…
Introduction of ‘no-fault divorce’ is a positive step, says leading lawyer
July 23rd 2021NEW legislation removing the ‘blame culture’ from divorce proceedings and introduction of no-fault divorce has been welcomed by a leading family lawyer. Amy Fallows, Head of Family Law at Cartmell Shepherd Solicitors, believes the introduction of the Government’s Divorce, Dissolution and Separation Act 2020, better known as the no-fault divorce, will significantly reform the divorce process by no longer apportioning responsibility on one person for the breakdown of a marriage.…
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…
