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House prices fell 1.4% in 2023 but are expected to rise this year

Despite a 1.4% dip in 2023, UK house prices show signs of recovery. Experts now predict a 3% increase in 2024 amid stabilizing inflation. UK house prices fell by 1.4% in the year to December 2023, according to the latest figures from the Land Registry....

Today's challenges towards equality

To honour International Women’s Day, Judge & Priestley has produced three articles looking at the struggle to overcome discrimination and to create a more equal society. In this third piece, we look at how, despite huge strides to overcome...

Advancing women's rights into the 21st century

To honour International Women’s Day, Judge & Priestley has produced three articles looking at the struggle to overcome discrimination and to create a more equal society. In this second piece, we look at how despite landmark legal shifts in the...

The early battle for women's rights in the UK

To honour International Women’s Day, Judge & Priestley has produced three articles looking at the struggle to overcome discrimination and to create a more equal society. In this first piece, we look at how as little as 60 years ago, women had...

Couples in company law dispute over development project

Couples embroiled in company law battle over development project. Court drama unfolds as Majority's property transfer sparks legal firestorm. Court of Appeal overturns ruling, signalling a showdown in a full trial. Informal ops shed light on need for...

TV's Martin Lewis urges people to use Lasting Powers of Attorney

In an episode of The Martin Lewis Money Show Live, the financial journalist commented on the importance of Lasting Powers of Attorney, the legal documents drawn up when you are fit and healthy, authorising someone of your choosing to make decisions on your...

Government pledges to ban No-fault evictions before the General Election

Housing Secretary vows to ban No-fault evictions before next election, tackling landlord abuse. Proposed Renters (Reform) Bill aims to protect tenants' rights, including outlawing discriminatory practices, improving housing standards, and strengthening...

Administrators must repay deposit following indemnity clause dispute

Administrators told to refund deposit amidst Stoneywood Mill sale clash. Dispute over indemnity clauses between AW Estates Scotland Limited (AWESL) and ATE Farms Limited (ATE) led to court ruling. Breach by administrators cited, resulting in negotiation...

Son inherits farm as promised despite being left out of father's will

In a landmark decision, the High Court has granted Michael Spencer the right to inherit the family farm, challenging his exclusion from his father's will. This case highlights the legal recourse available when familial assurances clash with testamentary...

New law to make it easier for leaseholders to buy their freehold

The bill, introduced in December, aims to empower leaseholders with extended terms up to 990 years, transparent service charges, and easier property management. Key features include redress scheme access, increased floor space limits for mixed-use blocks,...

Football club security guard loses unfair dismissal claim over dirty kit

A recent case at Brighton Football Club raises questions on job duties and dismissals. A security supervisor with a decade of service lost his claim of unfair dismissal after refusing to make laundry duties a permanent part of his role. The Employment...

Law Society warns of potential fraud with introduction of electronic wills

The Law Society has cautioned that the adoption of electronic wills may heighten the risk of fraud. In response to the Law Commission's consultation on wills reform, the Society emphasises the need for thorough research before implementation. While 50%...

Proposed ban on no-fault eviction of tenants postponed indefinitely

In a surprising twist, the government has indefinitely postponed the much-anticipated ban on no-fault evictions under 'Section 21'. Housing Secretary Michael Gove cites the need for a revamped court system before the ban can be implemented,...

Company entitled to cancel franchise agreement over late accounts

In a recent ruling by the Commercial Court, a franchisor, Winkworth Franchising Ltd, was deemed justified in cancelling a contract due to the franchisee's failure to provide accounts within the agreed timeframe. Despite multiple requests from Winkworth,...

English company given all clear to be sold to foreign owners

In a landmark decision, Cerus Endovascular Ltd, a leading medical supplies company in England and California, has secured court approval for its acquisition by foreign giant Stryker Holdings BV. The court greenlit a scheme of arrangement under the Companies...

Pensions & The Galbraith Tables: A brief introduction

The Galbraith Tables aim to offer a preliminary estimate for pension values, aiding informed decisions in financial settlements.  When it comes to financial remedies, one of the parties’ main assets is likely to be their pensions. However, this...

Company loses first attempt to recover £200k 'paid by mistake'

In a recent legal tussle, Bonvilston Vale Ltd faced setbacks in its pursuit to reclaim £200,000 allegedly paid in error to contractor Amser Building Ltd. The intricate details of the case, involving a terminated contract, a new contractor in the...

Citibank employee loses dismissal claim over 'two lunch' sacking

An employee of the global financial institution lost an unfair dismissal claim over questionable expense claims during a business trip to Amsterdam. He faced termination after filing for two lunches on the company's €100 daily allowance. His manager...

When a parent manipulates their child: parental alienation

In recent years, parental alienation has been getting a lot of traction in the media. In the last year, MPs, women’s rights groups, and the UN have raised awareness about the use of parental alienation as a tool to counterclaim in cases relating to...

Child arrangements at Christmas

It's clear that navigating child arrangements during the Christmas period can be challenging for separated parents, and your emphasis on prioritising the best interests of the children is crucial. J&P Solicitor Sarah Rose, from our Family team,...

I have children but I am just about to separate. Do I need legal advice?

If you and your ex-partner agree on all aspects of your children's lives, including where they are to live and the amount of time they are to spend with the other parent, the short answer to this question is you probably do not need legal advice....

Divorce vs Judicial Separation

In this article, we explore an alternative to divorce known as "Judicial Separation". Unlike divorce, this formal process allows couples to separate without legally ending their marriage, offering flexibility for various circumstances. Ultimately,...

The Road Ahead: Challenges and Aspirations in Tackling Racism in the UK

To celebrate Black History Month, Judge & Priestley has produced three articles looking at the struggle to overcome discrimination and to create a more equal society. In this third article, we look at the challenges that remain despite the progress made...

Legislative Progress: Fighting Racism and Discrimination in the UK

To celebrate Black History Month, Judge & Priestley has produced three articles looking at the struggle to overcome discrimination and to create a more equal society. In this second text, we look at how black campaigners successfully pressed for...

The roots of racism: The 1950s and 1960s in the UK

To celebrate Black History Month, Judge & Priestley has produced three articles looking at the struggle to overcome discrimination and to create a more equal society. In this first text, we look at the roots of contemporary racism in the UK. The 1950s...

The Inheritance TV show highlights real life issues over making a will

The Channel 5 TV series, The Inheritance, has been gripping audiences with its dramatic story of a family at loggerheads over a will. The show features two sisters and a brother who expected to inherit their father’s estate, only to find that he had...

Wills and probate: applying for presumption of death

The process of applying for the presumption of death of a missing person is complex. A recent High Court ruling, in a case involving a person who had disappeared after entering the sea, sheds light on how a missing person’s will can be brought into...

Company fails to stop former employees setting up rival business

A waste management company has failed to get a court injunction preventing former employees from allegedly copying its business model and setting up as a rival.  The case involved Waste Managed Ltd. It made allegations of unlawful means conspiracy,...

What happens when a non-resident parent fails to pay child maintenance on time or in full?

The Child Maintenance Service (CMS) has been in the news recently, with the publication by the House of Commons Library of its report, ‘Child Maintenance: Fees, enforcement and arrears (UK)’, which sets out what steps the CMS may take when a...

September: World Suicide Prevention Awareness Month

5 steps towards mental wellbeing At Judge & Priestley, we understand that the legal profession often intersects with individuals facing challenging personal circumstances. As we observe World Suicide Prevention Awareness Month this September, we are...

Employing illegal immigrants could lead to £60k fines

UK to raise fines for hiring illegal immigrants to £45,000 for 1st breach and £60,000 for repeat offenses, starting 2024. Consultations on further actions planned. Employers are to face much higher fines if they hire illegal immigrants, under a...

Government to crack down on unscrupulous will writing firms

The Competition and Markets Authority (CMA) is taking action against deceitful will writing firms, launching an inquiry to safeguard the public. The probe focuses on unregulated providers offering will writing and pre-paid probate plans. Initial findings...

Baker sacked over holes in bread awarded £15,000 compensation

A baker who was sacked for repeatedly making loaves of bread with holes in the middle has been awarded £15,000 compensation for unfair dismissal. Mr Artur Piaszczynski was dismissed by Leakers Bakery in Bridport for baking bread it described as so...

Slight fall in mortgage rates offers glimmer of hope to homebuyers

After a two-month climb, mortgage rates have eased slightly following a drop in inflation. While offering hope to homeowners and buyers, the 7.9% annual inflation rate remains well above the 2% target. Hints that the Bank of England might limit interest rate...

Aretha Franklin family feud shows importance of making a will

The unfortunate dispute that arose recently among the legendary soul singer’s sons illustrates what can happen when a person dies without having made a properly drafted will. Aretha Franklin, the American singer, songwriter and pianist that sold over...

Director ordered to contribute to insolvent company's assets

After allegations of fraudulent losses involving mobile phone deals, the High Court holds director liable in fraudulent losses case and ordered to contribute £2.7 million to insolvent company's assets. The case is a crucial reminder for directors...

House prices show monthly rise but annual fall

UK house prices have risen slightly on a monthly basis, but the overall trend is still downwards, according to the latest figures from the Land Registry.  The annual percentage change for average UK house prices was 3.5% in the 12 months to April 2023,...

Setting up or growing a business? Choose the right structure

Selecting the right legal structure for your business is crucial for success. Options include sole proprietorship, partnership, and limited company, each with its own legal, liability, and tax factors. Sole proprietorship grants control but exposes personal...

Why you should make a will... and what could happen if you don't

Surveys consistently show that only four out of ten people in the UK have made a will, despite the problems and heartache that could cause for their loved ones. Even the Covid pandemic didn’t inspire people to put their affairs in order. There was...

Biotech companies in contract dispute over returning equipment

Biotech firm DNANudge's court injunction bid to reclaim specialized equipment from manufacturer Jabil Inc. has been denied. The case highlighted unresolved issues surrounding lien, ownership, and payment allocation. The court ruled in favor of Jabil,...

Nursery 'fabricated' allegations about employee drinking at work

A nursery school assistant has won an unfair dismissal case after her employer fabricated allegations against her. The Employment Tribunal found that her dismissal, based on accusations of drinking alcohol at work and neglecting her duties, lacked convincing...

Court sanctions scheme of arrangement for company takeover

High Court approves UK music company's acquisition by US-based global business. 7digital Group, a leader in digital music solutions, is set to be acquired by Songtradr Inc after court is satisfied that all legal requirements are met. The High Court has...

High Court dismisses claim alleging forgery of father's will

In a landmark decision, the High Court has put an end to a family dispute over the validity of their late father's will. The contentious case revolved around allegations of forgery and a conspiracy to deprive one of the siblings of her rightful share of...

Role of Lawyers in Protecting LGBTQ+ Rights in the UK Part 3

In our final chapter on the role of lawyers in the fight for LGBTQ+ rights in the UK, we analyse the most recent legislation aimed at bringing equality and inclusion for this long-stigmatised community. From eliminating discrimination in the workplace to...

Advocates of equality - Role of lawyers in the fight for LGBTQ+ rights

The Wolfenden Report and The Sexual Offences Act 1967 were early breakthroughs in the path towards equality and inclusion for LGBTQ+ communities (starting from the very basic decriminalisation of homosexuality!), followed by the Campaign for Homosexual...

Conveyancing - the legal process needed when you buy a home

Buying your home is a major milestone in life. It can be both exciting and nerve-wracking at the same time. It also involves important legal and administrative issues that come under the umbrella title of conveyancing. But what does conveyancing involve?...

LGBTQ+ History Month - how lawyers helped secure equal rights

As we celebrate LGBTQ+ History Month this June, it’s a good time to reflect on the amazing progress made in securing equal rights over the last 60 years. From a legal perspective, which are the milestones that have paved the way for the inclusion of...

North Sea Ferries loses contract dispute involving Brexit and Covid

The ferry company has failed to use a force majeure clause to avoid liability for not meeting the requirements laid out in a contract with a port operator. The dispute arose from a written agreement with PD Teesport Ltd in 2021. Under the agreement, North...

Banker awarded £300k in 'broken waters' sex discrimination case

A pregnant banker who was criticised for returning to the office to continue working after her waters had broken has been awarded £300,000 in a sex discrimination case. Jagruti Rajput worked as a senior compliance adviser from 2012 at Commerzbank in...

Contract did not entitle agent to reduced share of £1.2m fee

The UK Supreme Court has ruled that an agent was not entitled to a reduced fee of £435,000. The agent had agreed to receive £1.2m if a property sold for £6.5m, but the property sold for £6m. The court found that the contract did not...

Chaplain who delivered anti-LGBT sermon was not unfairly dismissed

A Church of England college chaplain who delivered a sermon saying that it was OK for pupils to disagree with LGBT+ teaching, has lost his claim of unfair dismissal. Rev Dr Bernard Randall worked for Trent College in Long Eaton. The school invited LGBT+...

Court approves scheme to merge two property companies

The High Court has approved a scheme of arrangement allowing for the merger between two significant property companies, Shaftesbury Plc and Capital & Counties Properties Plc (Capco), both with properties in London's West End. Shareholders accepted...

Mediation before court action to be mandatory for separating couples

The UK government has announced plans to make mediation mandatory for separating couples before they can go to court to resolve disputes over finances and child custody arrangements. The proposals would apply to all suitable low-level family court cases,...

Why Should I Make a Will? The Effect of the Intestacy Rules

If you die without leaving a will, you are known as dying ‘Intestate’ and your estate will be distributed according to what are known as the ‘Intestacy Rules’. There are many issues with Intestacy Rules, from the fact that they have...

Business granted new tenancy despite opposition from landlord

A business has been granted a new tenancy despite opposition from the landlord, who claimed breaches of the tenancy agreement. The court found that although there were instances of disrepair and rent arrears, the balance of the grounds came down in favour...

Court rejects man's late attempt to inherit his brother's estate

The High Court has rejected a man’s claim that he was entitled to inherit his brother’s estate instead of the brother’s wife. The claim was raised nine years after the final estate accounts had been signed. The issue arose because in...

Who pays for repairs when one man's roof is another man's floor?

A judge has settled the tricky question in a case that sparked controversy between two leaseholders sharing a roof/floor and the property’s two freeholders. The case involved two maisonettes contained in a house belonging to two freeholders, who...

Grey haired banker was not unfairly dismissed despite nickname

A banker has lost her discrimination claim after jokes about her grey hair were described by a judge as “part of the irritation of day-to-day office life”. She was made redundant after her employer noted that she had only brought in roughly a...

Uncle jailed after not giving niece and nephew share of will

The executor of a will has been jailed after he refused to give his nephew and niece their part of their grandmother’s inheritance. The uncle simply refused to say what he did with the money, so he was found in contempt of court and had to be located...

Landlord's notice to quit ruled invalid over identity issue

A landlord’s notice to quit has been ruled invalid because, although it was delivered to the correct address, it incorrectly identified an individual as the tenant instead of his company. The case involved Thomas and Turner. Mr Thomas had been granted...

Workers to receive greater day-one rights over flexible working

New government plans aim to make flexible working the ‘default’ and a right from the beginning of employment. The programme would not be limited to hybrid (office-home) but also include job-sharing, flexitime, and working compressed, annualised...

Woman fails to overturn mother's will that benefited estranged sister

A woman has failed to overturn her mother's will, after claiming it left too much to her formerly estranged sister. The claimant failed to prove that her sister had “poisoned” her mother’s mind, so the court ruled that the will should...

Deputyship order applications at the Court of Protection

Fundamental changes championed by the Court of Protection came into force on the 1 st of January 2023 and are soon to be enforced permanently from February 2023. The registration process to become someone’s deputy, that is to act on their behalf if...

Disability 'should not be used to give employees an advantage'

A youth support worker has lost his disability discrimination claim because a tribunal ruled that the law was only designed to protect disabled workers against unfair treatment, it was not intended to give them an advantage over their colleagues. The case...

Salesman unfairly dismissed after lengthy misconduct investigation

A salesman has won an unfair dismissal claim after he was fired for making personal calls on the company phone and giving a customer his personal phone number, because his employer made no attempts to contact him during the disciplinary proceedings. The...

Mortgage Guarantee Scheme for first-time buyers is extended

Prolonged by a year to the end of December 2023, the scheme allows new buyers to provide mortgages that cover 95% of the total value of their property. This will help people with 5% deposits on to the property ladder. The government has extended the...

Government plans more homes while protecting environment

The government is to use its levelling up strategy to put pressure on developers to deliver more homes more quickly and make it easier for councils to regenerate disused land to create thriving communities. Amendments to the Levelling Up and Regeneration...

Morrisons worker who was 'gas-lighted' into full-time hours awarded £60k

A mother has been awarded £60,000 after her bosses ‘gas-lighted’ her into working full-time hours after her maternity leave despite being on a part-time contract. Donna Patterson worked as a buyer in the Morrisons' supermarket online...

Supreme Court settles family dispute over inheritance of farm

A father, who had promised his son that he would inherit a portion of the family farm and later disinherited him over a dispute, underwent a long legal process against his offspring. The son claimed to have worked at the farm for token wages for years under...

Boy granted £50k from aunt's estate as she had 'taken on the role of mother'

Despite not being her son and regardless that she had made no specific statements about his inheritance in her will and that her own child had been granted letters of administration to her assets, a 12-year-old boy has been appointed £50,000 from his...

New law to protect pregnant women against redundancy

The Pregnancy and Maternity Discrimination Bill will extend protection currently available only for parents on some type of relevant leave, to pregnant women and new parents returning to work. Before dismissal, employers must offer suitable alternative...

Can you get away with murder?

Can you kill someone and still benefit from your victim's estate? The short answer is no. However, if it is found that a person did not intend to kill or cause grievous bodily harm (being charged with manslaughter instead of murder), they could be...

Football is not religion, says judge as fan loses discrimination claim

He accused his boss of not giving him work shifts because they support different football teams, but this was not convincing enough for a contractor to win his claim of unfair dismissal and discrimination.  A fan of the football team Glasgow Rangers...

Asking transgender worker about her underwear was discrimination

A transgender worker has won her claim of gender reassignment discrimination after she was asked by her manager if she wore underwear. The employee worked as a catering assistant at the Northern General Hospital. Claimant was questioned by manager if she...

Fraudster who lied about qualifications must repay £96k in wages

A builder, who got lucrative roles falsely claiming he had university degrees and remained in the positions for more than 10 years, must now pay back part of his earnings. Swindler insisted that he should be referred to as “Dr” He secured...

Financial settlement on divorce: Why your pension matters

A recent survey from Which? revealed that seven in ten divorcing couples do not share their pensions. However, this could be a grave mistake when reaching a financial settlement on divorce as pensions often rank with property as the two biggest sources of...

Siblings fail to overturn will involving the care of a parrot

Three siblings have failed to overturn their stepmother’s will after she left everything to her biological son. The son claimed that his mother had changed the will after the siblings’ father died so that he could look after her parrot. ...

Worker unfairly dismissed for not removing religious neck chain

A Christian worker has won his claim of unfair dismissal after he refused to take off his neck chain.  Mr Kovalkovs worked at the 2 Sisters Food Group chicken processing firm from November 2019.  He wore a silver crucifix on a neck chain to...

Marketing firm's post-termination covenant ruled unreasonable

A marketing company has been told that the post-termination covenant in a contract with one of its former suppliers was not enforceable because it prevented fair competition.  The case involved Mr Lambert, who ran his own business, and Credico...

Fashion designer subjected to age discrimination awarded £96k

A fashion designer in her early fifties who was passed over for promotion has been awarded £96,000 after making an age discrimination claim.  The case involved Rachel Sunderland, who had worked as a knitwear specialist for Superdry...

I'll love you until the end of time and please sign this pre-nup

Although not legally binding in UK courts, the Supreme Court holds that significant weight should be given to nuptial agreements, providing certain conditions are met. Historically nuptial agreements were not valid in the UK and they were contractually void...

Tesco wins appeal over right to "fire and re-hire" employees

Supermarket chain Tesco has successfully appealed an injunction that prevented it from terminating employees’ contracts in order to offer new contracts on less favourable terms.  The issue goes back as far as 2007, when Tesco shut several...

Domestic violence victims will no longer be cross examined by their perpetrators in the family courts

Measures came into force on 21 July 2022 finally banning perpetrators from cross-examining victims in the family court. This was a practice already prohibited in the criminal courts. The ban also prevents alleged victims of domestic violence from cross...

How one lawyer could represent both parties during divorce

A new approach to divorce proceedings in which one lawyer represents both husband and wife has been given the backing of Resolution. The group is launching a new model that allows lawyers to work with and advise couples jointly, including providing...

New law allows agency staff to replace striking workers

The government has changed the law as of 21 July 2022, enabling businesses to use temporary agency workers to plug staffing gaps caused by strikes. The move is in response to the current industrial action by members of the RMT rail union but applies to...

Cohabitation Agreements - Are they worth the hassle?

What is a Cohabitation Agreement? A Cohabitation Agreement is an agreement between two unmarried people who live together as a couple (or otherwise) and records the financial arrangements, rights and responsibilities of each party. There is a common...

Building firm awarded costs against unreasonable employee

A building firm has successfully defended a claim from an “unreasonable” employee relating to expenses, deductions from wages and unfair dismissal.  Just Build UK Limited was taken to the Employment Tribunal by Mr Bright Ampomah after...

Do I need to tell my ex that I am taking our child abroad?

The school summer holidays have arrived and for many of us, it is time for a much needed break. Particularly as travel restrictions, in the main, have been lifted. However, before you start packing your sun cream and planning how to get to the airport, you...

NHS made 'made no adjustments' before sacking disabled nurse

The Employment Tribunal has ruled that a nurse was unfairly dismissed because her employer made no reasonable adjustments to account for her disability.  Ms McKenzie began working for University Hospitals of Leicester NHS Trust in 2010.  At...

Water company granted injunction against former business manager

A water company has been granted an injunction against its former business development manager after he breached post-termination restrictive covenants in his employment contract.  The case involved ATAC Solutions, which provides water and waste...

Pregnant care manager wins £8,000 discrimination claim

A care manager who was sacked eight days after revealing that she was pregnant has won a discrimination claim and been awarded more than £8,000 compensation.  The case involved Gemma Ferridge-Gunn, who started working at Alcedo Orange in...

Cleaner unfairly dismissed after using trade union to make complaint

A cleaner has won his case of unfair dismissal after he made complaints about safety conditions and lack of personal protective equipment during the Covid pandemic.  Mr Hernandez began working for Swiftclean in September 2018. In January 2020, along...

Man's will found in draft form on computer ruled to be valid 

The High Court has ruled that a man’s will that existed only in draft form on a computer, but which was signed by two reliable witnesses, should be accepted as valid.    This is a highly unusual decision because generally, the...

No-fault evictions to be banned in 'New Deal' for renters

No-fault evictions are to be banned as part of government plans to “end the injustice of unfit homes and help protect renters from the rising cost of living”.  The  Fairer Private Rented Sector White Paper  is designed to ensure...

Charity worker with long Covid can make disability claim

The Employment Tribunal has ruled that an employee who was dismissed while suffering from long Covid is entitled to make a claim for disability discrimination.  It held that his symptoms met the criteria for him to be classed as disabled under the...

Asda employee awarded £40,000 for injury to feelings

An Asda employee who was constructively dismissed and racially harassed at work has been awarded compensation of £40,000 for injury to feelings.  Mrs S Henderson began working for Asda in 2003. She resigned in 2019 after being subjected to a...

TV's Kate Garraway highlights value of powers of attorney

The heart-breaking experience of TV presenter Kate Garraway and her husband highlights the value of drawing up Lasting Powers of Attorney (LPA) to protect your future.  Garraway’s husband Derek Draper suffered a terrible reaction to Covid and...

Renters Reform Bill 'will make some evictions easier for landlords'

The Renters Reform Bill is designed to drive up standards in the private and socially rented sector, but it will also make evictions easier for landlords in certain circumstances. The Bill is designed to help the 4.4 million households privately renting...

Leaseholders don't have to pay for upkeep of whole estate

The leaseholders of several flats have had their service charges overturned because the money was used to pay for the upkeep of neighbouring buildings. The flats were situated in an estate of five blocks. Each block was managed by its own Right to Manage...

What does the Domestic Abuse Act 2021 mean for the Family Courts?

According to the Office of National Statistics, around 1.5 million cases of domestic abuse were recorded in the year ending March 2021, with cases rising throughout the Covid-19 pandemic. With multiple areas of law covering domestic abuse, this article will...

Can I move country with my child?

Upon separation, it may be one parent’s intention to relocate to another country, relocate within the UK. However, this will not be an easy task when the other parent is being left behind and there is a possibility, they will not be seeing their child...

Leasehold property valuation should exclude tenant's improvements

The Court of Appeal has rule that a leaseholder buying the freehold on his property should only have to pay what it would have been worth had extensive improvements not been made over the previous 40 years. The issue arose after a tenant had taken a long...

Protecting Your Future - Marriage or Cohabitation

When you make that ultimate decision as to whether you and your partner are going to get married or cohabit, it is very important to consider the financial aspect of your relationship. This is without doubt one of the most important considerations you will...

A crackdown on forced marriages: raising the minimum age

The Marriage and Civil Partnership (Minimum Age) Act 2022 received royal assent on 28 April 2022 which raised the legal minimum age for people to marry, or enter into a civil partnership, to 18 years of age in England and Wales in a move to prevent forced...

Council not liable for employee's breach of private data rules

The High Court has ruled that a local authority was not liable for the behaviour of one of its employees in accessing and disseminating private data that was stored on its IT system.   The claimant in the case was divorced with two children, who...

P v Q [2022] - The treatment of loans to and from family members in financial remedy proceedings

Background This case concerned W (aged 48) and H (aged 45). They began cohabiting in 2005 and married in 2006. The parties had two children (aged 10 and 11). The total asset pot was circa £6million. Notable assets in the marriage included the...

Technician blocked from poaching former employer's clients

A computer technician has been ordered to surrender confidential information retained from his former employer, which could be used to undercut and poach its customers. The defendant worked for the IT support company Iconology Ltd since 2013. In 2020, the...

Committee chairman on contract 'should be classed as a worker'

A committee chairman should be classed as a worker according to the terms of his contract, even though he didn’t have an obligation to carry out any duties.  That was the decision of the Employment Tribunal in a case involving Somerville and the...

Writing on back of envelope not enough to alter woman's will

A court has ruled that informal writing on the back of an envelope was not enough to challenge the terms of a woman’s will.  The woman had made will in 2012 with the help of her solicitor.  After her death in 2019 at the age of 93, some...

Charity discriminated against tutor over student's 'sensitive issue'

A tutor has won her claim of sex discrimination after she was asked to address a sensitive matter with a student because of her gender.  A 94-year-old male student had personal hygiene issues and managers believed the matter was best dealt with by a...

Renters Reform Bill 'will make some evictions easier for landlords'

The Renters Reform Bill is designed to drive up standards in the private and socially rented sector, but it will also make evictions easier for landlords in certain circumstances. The Bill is designed to help the 4.4 million households privately renting...

Irish worker was racially harassed when boss mocked his accent

The 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.  The case involved Jonathan Kelly, who worked in the warehouse at the...

Homeowner overturns restrictive covenant so he can build extension

A homeowner has been granted permission to add a two-storey extension to his property despite objections from his neighbour.  The case involved neighbours on an estate of houses around a private road constructed in the 1980s. The properties were...

Cashier excluded from work drinks event awarded £74,000

A woman who was shunned by her work colleagues and not invited to a drinks event has been awarded £74,000 compensation for unfair dismissal, and race and age discrimination. The case involved Rita Leher, 51, who had started working as a cashier at...

No-Fault Divorce is finally here

The long-awaited reform to Family Law is finally here with the Divorce, Dissolution and Separation Act 2020, coming into force as of today, 6 April 2022. This is the biggest reform of divorce law in 50 years and aims to provide a more collaborative approach...

Google told it can't protect witness identities in employment case

A former Google employee has successfully appealed an order by the Employment Tribunal in a case that clarified rules surrounding anonymity of witnesses.  Mr R Frewer brought several claims against Google UK Ltd including automatic unfair...

No Fault Divorce: The 5 Key Questions Answered

  How is a no-fault divorce different to the previous law? A spouse wishing to divorce prior to the law change on 6 April 2022 had to prove that the marriage had irretrievably broken down by relying upon 1 of 5 facts. These facts were (1) the other...

Lump Sum Orders: a series of lump sum orders - V- a lump sum order payable by instalments

  What is a lump sum order? Quite simply, a lump sum order is an order for one party to pay another party a lump sum of money. These orders can be made upon finalisation of divorce, nullity and judicial separation and generally cannot be varied or...

'Unwanted' son claims share of late father's estate from niece

The 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.  Colin Johnston was the son of Sidney Johnston, who died in 2017 leaving a £2.4 million estate to...

Protecting the relationship between grandparents and their grandchildren

When a relationship breaks down, it is not just parents who can face difficulties in agreeing arrangements to be able to see the children. Grandparents can often find themselves in a similar position in relation to their grandchildren. In the current world,...

Landmark Judgment sees the term 'gaslighting' used for the first time in the Family Courts.

Gaslighting is a word used to describe the manipulation of another person to cause them to question their reality. It is a term we all know and often hear being used colloquially, however this word does not have a legal definition, nor has it been used or...

Worker called 'lazy old white guy' awarded £20k compensation

A worker who was called a “lazy old white guy” by a black colleague has been awarded £20,000 after bringing a discrimination claim. The Employment Tribunal heard evidence that Barry Moore, who is 55, was often told by younger co-workers...

Voice UK star wins inheritance dispute with her viscount brother

The aristocratic singer and TV star Bo Bruce has won a court battle against her brother Thomas Brudenell-Bruce, Viscount Savernake, over their inheritance after their mother died. Bruce, whose full title is Lady Catherine Anna Brudenell-Bruce, was a runner...

Driver loses appeal over worker status with MyTaxi app

A driver has lost his appeal against a tribunal ruling that he should not be classified as a worker employed by MyTaxi app. The case involved Christopher Johnson v Transopco UK Ltd. From 2014 Johnson worked full time in business on his own account as a...

Man's second wife fails to stop his son inheriting family home

A man’s second wife has failed to prevent his son inheriting the family home after he died. The husband had married his first wife in 1988 and their son was born shortly afterwards. He worked overseas during the early 2000s, where he formed a...

What the Duxbury? - Duxbury Calculations; the peaks and pitfalls

  Why were the Duxbury Tables established? The Duxbury Tables were established in the case of Duxbury v Duxbury [1981] 1 FLR 7. The parties had been married for 22 years and wanted to achieve a clean break. Mr Duxbury was the higher earner and it was...

Dementia suffering employee 'had dignity violated' at ASDA

An ASDA employee has won her claim of unfair dismissal, and disability and age discrimination, after one of her colleagues suggested she should retire. Joan Hutchinson worked for the Queensferry store of the supermarket chain for 20 years before she retired...

Catholic nurse unfairly dismissed over cross necklace

The Employment Tribunal has ruled that a Catholic nurse was constructively and unfairly dismissed after wearing a cross necklace to work. The case involved Mary Onuoha, who had worked at Croydon Health Services NHS Trust for 19 years. For the first 13...

Contractor awarded £39k as adjudicator decision upheld

A building firm has been awarded £39,000 after an adjudicator’s decision in a contract dispute was upheld by the Technology & Construction Court. The case involved BraveJoin Co Ltd and Prosperity Moseley Street Ltd. Prosperity had engaged...

Latest Government figures show divorce rates fell in 2020

On 1 February 2022 the Office for National Statistics released their latest figures for divorces in England and Wales in 2020. Among other things, these show that in 2020 the average (median) duration of marriage at the time of divorce was 11.9 years for...

Whistle-blower unfairly dismissed over social distancing concerns

A worker at a pet food shop has won her claim of unfair dismissal after she raised concerns over her employer’s Covid protocol. Leah Best worked for Embark on Raw, a pet food retailer owned by husband-and-wife team David and Andrea Fletcher. In March...

Reform of residential leasehold law moves a step closer

The first stage in the governments much vaunted reforms of residential leasehold law came a step closer to reality last week, when the Leasehold Reform (Ground Rent) Bill received Royal Assent on 8th February 2022. The Leasehold Reform (Ground Rent) Act...

Landlord wins injunction dispute with tenant over possession order

A landlord has successfully challenged an injunction granted to a tenant who claimed he had been unlawfully evicted. The court also granted the landlord a possession order for the property under dispute. The tenant, Mr Rasool, had applied for a without...

No-Fault Divorce - soon to be a reality

The long-awaited reform to Family Law is soon to take place with the Divorce, Dissolution and Separation Act 2020, coming into force on 6 April 2022. This is the biggest reform of divorce law in 50 years and aims to provide a more collaborative approach to...

Court outlines what constitutes a business partnership in law

The High Court has outlined what constitutes a business partnership in law following a dispute between a couple who ran a business together. The case involved Ms Burnett and Mr Barker. Barker had set up a business as a sole trader offering fire safety...

Good news for Landlords and Letting Agents - Northwood v Fearn - Court of Appeal decision - January 2022

A recent Court of Appeal decision concerning the signing of documents on behalf of a landlord, has been welcomed by many landlords and agents. Background Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40  considered the requirements for...

Stylist created goodwill and so didn't breach legal duties

The High Court has ruled that a hair stylist had personally created the goodwill in her business and so had not breached her director's duties when she carried out her work through another company. The court heart that the director had been a highly...

Court outlines limits on right to manage company's responsibilities

The Supreme Court has outlined the limits that should be placed on a right to manage company (RTM) of a block of flats that formed part of a large estate containing several other blocks. The case involved FirstPort Property Services Ltd v Settlers Court RTM...

The Building Safety Bill

The Government has published the Building Safety Bill which is said to make the biggest improvements to building safety in many decades.  The Bill proposes to introduce new obligations on those owning or managing multi-residential buildings.  The...

New clampdown on landlords over property energy rating

Local authorities are to receive extra funding to tackle landlords who fail to comply with energy rating standards on their properties. Since April last year, privately rented homes have had to meet a minimum energy performance rating of EPC Band...

Widow granted injunction to prevent husband's will being challenged

A widow has been granted a court order to prevent her deceased husband’s children from challenging his will under the Italian legal system. The deceased was born in Italy but moved to England aged 20, where he remained resident until he died aged 78...

Cafe discriminated against teenager dismissed due to her age

A 14-year-old who was dismissed for being too young to cope with the ‘severity’ of her job has won her claim of age discrimination. The case involved Miss H Cassidy, who had a Saturday job at Daimler Foundation’s café. Her duties...

Good Divorce Week 2021

We are members of Resolution, an organisation for family law professionals committed to working in a constructive and non-confrontational way. Each year, through their Good Divorce Week, Resolution campaigns on a policy issue central to their principles....

Commercial Rent (Coronavirus) Bill introduced into Parliament

The Commercial Rent (Coronavirus) Bill was introduced in Parliament on 9 November 2021, along with a new Code of practice for commercial property relationships following the COVID-19 pandemic. Subject to parliamentary approval, the government hopes to...

Legal costs in disrepair cases - the decision in Jalili v Bury Council

  Background  In  Jalili v Bury Council , the court considered the amount of legal costs that were recoverable by a tenant in a disrepair claim brought against their council landlord that settled pre-issue of proceedings. The tenant’s...

Fishing company prevents former employee working for rival

A fishing company has been granted an interim injunction enforcing post-termination restrictive covenants and a confidentiality clause against a former employee. The case involved S Riddler Ltd and Mr Wierzbicki. The High Court heard that Wierzbicki had...

Directors colluded to deny knowledge of employee's disability

Two directors colluded to deny knowledge of an employee’s disability before they dismissed him for alleged poor performance. That was the finding of the Employment Appeal Tribunal (EAT) in a case involving P2CG Ltd and Mr Davis. Davis was given...

Vet assistant unfairly dismissed over her Covid concerns

A veterinary assistant was unfairly dismissed after she challenged her employer’s view that the coronavirus pandemic had been ‘hyped up’. The case involved Charlotte Rendina who worked at Royston Veterinary Centre from January to March...

Engineers can't use 'overarching contract' defence to limit liability

A firm of engineers have been told they cannot use an ‘overarching contract’ defence to limit their liability for deficient work in a dispute with a homeowner. The issue arose after the homeowner, Mr Elton, hired Buxton Associates (Consulting...

Accountants can't be held liable for client's failed investment

The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the...

Inadequate online wills could lead to surge in family disputes

The increasing use of unregulated online will writing services could lead to a surge in family disputes over a loved one’s estate, researchers have warned. Online services have become more popular over the last few years, particularly during the Covid...

Engineers can't use 'overarching contract' defence to limit liability

The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the...

The importance of protecting tenants' deposits following the recent decision in Sturgiss -v- Boddy

The recent case of Sturgiss -v- Boddy concerned the impact of the law on commonplace flat shares where the owner does not live at the property but allows others to do so and those others are unrelated to one another. Under this arrangement it is common...

Construction firm awarded £40k in three-in-one payment claim

A construction firm has won its claim for the payment of three outstanding invoices despite the customer arguing that the three payments could not be treated as one single case. The issue arose after Creagh Concrete Products Ltd entered into an oral...

Fostering agency discriminated against gay men and lesbians

The Court of Appeal has upheld a decision that a fostering agency had unlawfully discriminated against gay men and lesbians by requiring carers to refrain from "homosexual behaviour". The case involved Cornerstone (North East) Adoption and...

Tribunal 'wrong to reject menopausal symptoms as a disability'

An employment tribunal had been wrong to hold that an employee's alleged menopausal symptoms did not amount to a disability for the purposes of a discrimination claim. That was the ruling of the Employment Appeal Tribunal (EAT) in a case involving...

Mother dismissed on maternity leave awarded more than £60k

A mother who was dismissed during her maternity leave while the ownership of her company changed hands has won her discrimination claim. Mrs Rodin worked for HR company DMS1 and went on maternity leave in June 2017. During her absence, the company...

Directors didn't breach duties when paying themselves £1.2m

Two directors did not breach their legal duties when they paid themselves a total of £1.2m from their failing company. That was the decision of the High Court in a case involving, Brookmann Home Ltd (In Liquidation). The company had been formed as a...

Court tells Marks & Spencer to trade properly in lease dispute

Marks & Spencer has been told to trade in good faith, and not to carry on business half-heartedly, following a dispute with a landlord over the terms of the lease on one of its stores. The court heard that Marks leased a unit within a shopping mall from...

Judge's decision to limit mother's allegations of domestic abuse set aside

The High Court has ruled that a judge's decision to limit a mother’s allegations of domestic abuse in a children act case was wrong and should be set aside, saying that "The allegations beyond those in the Scott Schedule were not either...

Director fails to get injunction that would disrupt company business

A businessman has failed to get an injunction that would have prevented his company filing accounts and holding board meetings. He also failed to establish that a board room colleague had not been validly appointed as a director. The company involved, which...

Council was premature in fining landlord over licence breach

A local authority had been too quick to fine a landlord for failing to register under a licensing scheme. Instead, it should have followed its own policy of taking informal action as a first step. That was the decision of the Upper Tribunal (Lands Chamber)...

Financier ordered to repay 172 million euros after contract failures

A financier and his associated companies have been ordered to pay €172 million over contract errors and their failure to meet agreed deadlines. The dispute involved Heritage Travel and Tourism Ltd v Lars Windhorst & Ors. The parties had entered...

Employers who withhold tips from workers could face tribunal claims

Employers in the hospitality sector could face tribunal claims if they withhold tips from workers, under new regulations being introduced by the government. The move is set to help around 2 million people working in one of the 190,000 businesses across the...

How might the recent Adult Social Care Reforms impact on the recovery of care charges?

Introduction On 7 September 2021 the Government announced its long awaited plans for the reform of the Adult Social Care System. The need for reform is undoubted and the Covid-19 crisis has only served to place more strain and pressure on a sector which...

Director didn't breach duty over employee bonus in company transfer

A director didn’t breach his legal duty when he gave an employee an enhanced bonus entitlement shortly before a takeover involving the transfer of employment contracts. That was the decision of the High Court in a case involving Reader v SPIE Ltd . ...

Landlord loses service charge appeal after failing to consult tenants

A landlord has lost its appeal against a decision that it could not impose service charges for certain works because it had failed to consult tenants properly. The landlord owned several flats let on long leases. It carried out various works to the flats...

Company granted injunction to stop ex-employee contacting its clients

A company in a highly competitive market has been granted an injunction to prevent a former employee from contacting and dealing with its clients. The case involved Delivery Group Ltd and former employee Mr Yeo. In early 2020, the group had increased...

Contract entitled restaurant manager to be director and shareholder

The High Court has ruled that a restaurant manager was entitled to be a director and shareholder of a new business he had set up with a married couple. He was also entitled to payments as specified in a contract agreed by both sides. The manager had run a...

Homeowners lose appeal over stamp duty on 'large gardens'

Three homeowners have lost their appeal against a decision that sections of land they bought with their homes should be classed as ‘gardens or grounds’ and so be subject to Stamp Duty Land Tax (SDLT) at the full rate. The issue in each case was...

Employer had made 'all reasonable adjustments' for disabled employee

A disabled employee has lost a discrimination claim after a judge concluded that her employer had made all reasonable adjustments to avoid any disadvantage to her. The employee, Ms Martin, started working for the employer in 2014. She had several...

Appeal Court considers whether external doors are landlords' fixtures

The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included...

Court settles brothers' dispute over administering mother's will

A man has been removed as an executor of his mother’s will after his brother complained that he was obstructing the administration of the estate. The case involved three brothers; two of them were executors of her will. Following several years of...

LLP wins appeal over partner's age discrimination claim

The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). The case involved a woman who resigned after alleging that...

What is the impact of the COVID 19 pandemic on existing financial orders?

What is a Barder event? Named after a tragic case in 1987, a Barder event is an event that is unforeseen or unforeseeable which fundamentally undermines the basis upon which a concluded financial order was made. In the case of Barder v Barder , the...

Constructive dismissal after sexual comments 'can constitute harassment'

The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). The case involved a woman who resigned after alleging that...

Directors can continue running business despite disqualification

Two directors have been granted permission to continue running their companies despite being disqualified for breaching regulations. The court accepted that they were essential for the continuation of their business and hundreds of jobs could be a risk if...

Court interprets woman's will to enable all her children to inherit

The High Court has reconciled contradictory instructions relating to a deceased woman’s estate so that all three of her children can receive an equal inheritance. The court made the ruling after the trustees of a settlement applied for an...

Consultants entitled to £212k fee because of implied contract term

A firm of consultants were entitled to a large fee for introducing a client to an insurance company even thought there was no specific contract. The law allowed for a fair payment to be implied in the business agreement. That was the decision of the High...

Divorcing husband wins appeal against costs order favouring wife

A husband has won his appeal against a costs order in favour of his wife during divorce proceedings. The couple had been married in 2007 and had one child. Their marriage ended in 2017 following two incidents of violence by the husband. He was acquitted in...

Damage to premises did not invalidate break clause in lease

The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. The break clause provided that the tenant could terminate the lease if...

EU Succession Regulation: Making a Will with foreign assets. Does your Will include foreign assets?

  What is the EU Succession Regulation? The laws which deal with a person’s assets when they pass away differ from country to country. For example, some civil law jurisdictions, such as France, have specific laws that reserve a proportion of...

Tesco staff couldn't believe 6ft man was intimidated by pregnant boss

A supermarket assistant was discriminated against when managers didn’t believe he could be intimidated by a 5ft 4in woman. The case involved Mr T King, who is 6ft tall, and his Tesco line manager, known as JF, who was five months pregnant at the time....

How do you apply for Probate in France?

This guide aims to give an overview of the process involving the administration of an estate in France. The administration of a French estate compromises three main stages. In all cases, any French inheritance tax due must be paid within 6 months of the...

Tribunal warns against culture of hyper-sensitivity in the workplace

The Employment Tribunal has warned against encouraging a ‘culture of hyper-sensitivity’ in the workplace. The comments came as the tribunal rejected a female employee’s claim of age and sex discrimination after she was overlooked for...

Nursing officer was dismissed for making protected disclosures

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS...

Court upholds adjudicator's award to honour contract

The High Court has upheld an adjudication award made to a construction firm following a contract dispute involving allegations of defective work. The case involved Davis Construction (South East) Ltd v Sanzen Investments Ltd. Davis had been engaged by...

Perverse for judge to accept Veolia's inept dismissal process as fair

It was perverse for an employment judge to have characterised an employer's investigative and disciplinary process as "a catalogue of ineptitude and misjudgement" yet to have concluded that the resulting dismissal was nonetheless fair. That...

Father granted access to business records in family dispute

A father has been granted access to information concerning the family businesses of which he was a director. The issue arose because he was in dispute with his son and daughter-in-law, who were also directors. The family business comprised of companies...

Sainsbury's worker unfairly dismissed over Black Lives Matter comment

The Employment Tribunal has ruled that a Sainsbury’s worker who lost her job over a comment about Black Lives Matter (BLM) was unfairly dismissed. Mrs M Cunnington was a price controller and had worked for the supermarket chain since 1992. During the...

Judge was wrong to order that children be returned to 'abusive' father

The Court of Appeal has ruled that a judge was wrong to order that two children should be returned to their father, who the mother claimed had been abusive. The mother was English, and the father was American. They married in 2015 and lived in England with...

Landlord wins dispute over service charges in commercial building

A 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. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord...

Nursery worker wins unfair dismissal claim but has compensation reduced

The Employment Tribunal has ruled that a child care centre acted unfairly when it dismissed a nursery worker over allegations that she encouraged children to kick and taunt a colleague. The case involved Miss S Flynn who had been the team leader in the baby...

Lidl ordered to stop selling brand of gin following trademark claim

The discount supermarket chain Lidl has been ordered to stop selling its Hampstead gin brand due to a trademark dispute. The issue arose after the chain started selling the gin in a dark brown/black and opaque, apothecary style bottle bearing a diamond...

Government to place duty on employers to prevent sexual harassment

The Government has announced it will introduce a duty on employers to prevent sexual harassment and consider extending the time limit for claims under the Equality Act 2010 from three to six months. There will also be explicit protections from third-party...

Directors breached their duties when setting up their pensions

The High Court has ruled that two directors breached their legal duties when they used company property to fund their pensions. The case involved a company that had been incorporated in 1998 to take over a volunteer-run project that renovated and resold...

WX v HX [2021] and the issue of non-matrimonial property?

The recent case of WX v HX (2021) serves as a good reminder of the importance of establishing the different types of property when dealing with financial remedy issues on divorce.   Background The case of WX and HX concerned an application for a...

Supreme Court rules on burden of proof in employment claims

The 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. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals...

Father can't use Hague Convention to get children returned to Austria

A father has been told that he cannot invoke the Hague Convention to have his children returned to Austria after their mother took them to live in England. The Family Court was told that the children were British citizens born in the UK in 2012 and 2019 and...

Interior designers win dispute over hotel 'five-star finish'

A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to...

Teacher's dismissal over indecent images on computer was not unfair

The Court of Session has ruled that an education authority had not acted unfairly when it dismissed a teacher after indecent images were found on his computer. The issue arose after police attended the teacher's home to carry out inquiries relating to...
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