Clarion | The new established Leeds law firmDec18
4 commentsPosted in Industry News by Deborah Warren | 18.12.09
Employment law develops quickly and can have a large impact on your business. Numerous pieces of employment legislation are expected to come into force next year. Some of the most significant are set out below. 1. DATE: January 2010LAW: Code of Practice for Time Off for trade union duties and activities...
Dec14
write commentPosted in Industry News by Rachel Spencer Robb | 14.12.09
Christmas is traditionally seen as a time for families. But as most parents know only too well, it can bring plenty of challenges too - there is always so much to do, and there can be stresses and strains as you try to ensure that your children have a great time.But for divorced and separated parents Christmas can require particularly careful planning, according to family law group Resolution, of which I am a member and which represents family lawyers in West Yorkshire and works to make sure the needs of children come first when families breakdown.After all, how many children want to end up with double...
Dec4
write commentPosted in Clarion News by Rachel Spencer Robb | 04.12.09
Last night the Family Team hosted a "Beauty and the Beads" evening - the perfect girly evening to kick off the Christmas season. Organised by Rachel Spencer Robb and Justine Osmotherley along with sterling support from Sarah Sevitt and PA Susan Hemingway, approximately 40 guests were treated to pink champagne and canapés in the boardroom in Oxford House which had been decked out with fairy lights, candles and music! Two special guests, Astrid Marshall- Estee Lauder representative and stylist Natalia Colman gave make up and style demonstrations respectively and were full of handy tips for the forthcoming season.I just wanted to...
Nov27
write commentPosted in Industry News by Stuart Cobbett | 27.11.09
On 25 November 2009 the Supreme Court gave judgment in the ‘test case' on overdraft and other charges on current accounts. The judgment has been heralded as a success for the banks but may prove to be far from the final chapter in this long running matter which has potentially far reaching implications for all current account holders.The decisionThe Unfair Terms in Consumer Contract Regulations 1999 ("the Regulations") provide that certain contract terms which cause significant imbalances in the parties' rights will be regarded as unfair and consequently will not be binding. The Regulations provide for the OFT to seek injunctions...
Nov16
write commentPosted in Industry News by Simon Young | 16.11.09
Recent news reports suggest that the level of personal borrowing in the UK on credit and store cards, overdrafts and personal loans has reached £230 billion.Most of these agreements are regulated by the Consumer Credit Act 1974 ("the Act") as amended. Until April 2008 the Act only applied to agreements where the amount of credit did not exceed £25,000 but this limit has now been removed.The Act sets out a number of requirements that lenders must comply with. Failure to comply with these requirements may result in the loan/credit agreement being unenforceable and leaving the lender unable to recover some or all...
Nov12
write commentPosted in Industry News by Stephen Inglis | 12.11.09
A recent case involving a firm of solicitors has highlighted the need to review and, where appropriate, take action to enforce the terms of individual contracts of employment to protect the employer's core business.In Dass Solicitors -v- William Southcott, Mr Southcott who was a solicitor employed by Dass sought to leave his employment without giving Dass any or the requisite 3 months notice which was provided for in his employment contract. In addition, during the period in which he was employed by Dass and in breach of his implied duties of good faith towards his employer, Mr Southcott had sought to persuade Dass' clients to...
Nov10
write commentPosted in Industry News by Deborah Warren | 10.11.09
The government has announced a consultation on the proposed introduction of a more flexible system of maternity and paternity leave. The new regime, if approved by parliament, would apply to parents of children due on or after 3 April 2011 and would, in effect, allow fathers to take advantage of maternity leave not used by mothers significantly increasing their potential eligibility to both paternity leave and pay. The Current Situation Currently mothers are entitled to 52 weeks maternity leave of which 39 weeks are paid if they fulfil the relevant requirements. In contrast, if fathers meet the eligibility requirements, they are only entitled to 2 weeks paid paternity leave which...
Oct1
write commentPosted in Industry News by Rachel Dean | 01.10.09
Since the Companies Act 2006 (the "2006 Act") received royal ascent on 8 November 2006 its provisions have been introduced gradually and the final provisions came into force on 1 October 2009. This means that at long last the 2006 Act is in full force and effect (subject to certain transitional arrangements).Memorandum of Association A company incorporated after 1 October 2009 will no longer need to have a memorandum setting out the objects of that company. For any companies incorporated after 1 October 2009, the memorandum will contain a limited amount of information, stating that the subscribers want to form a company, providing the company name and setting...
Sep22
write commentPosted in Industry News by Sara Rogers | 22.09.09
Your Wealth - how to hang on to it in recessionary timesWhen money becomes tight, for whatever the reason, it is important to preserve the income and savings that you do have. A reduction in income can occur for a number of reasons:- job insecurity or redundancy- the rising cost of living - trade or income from your business reducing- income from investments reducing- taxes and other government charges risingHow can...
Sep21
write commentPosted in Industry News by Emma Blackstone | 21.09.09
In a series of law lectures last week, Baroness Deech, a family law expert and Chairwoman of the Bar Standards Board, declared that the current mechanism for deciding how assets and income are divided on divorce is inadequate.Baroness Deech claims that the current legislation is unfair to men and degrades women by undermining their claims to equal pay and treatment. She has called for reform to the process, proposing that a wife should have no claim to her husband's assets in a marriage lasting less than three years. If longer, any claims should be limited to those assets acquired during the parties' relationship. It...
Sep18
write commentPosted in Industry News by Rachel Spencer Robb | 18.09.09
The recent case of Karen Radmacher has been widely reported as the closest case yet to confirm the position of the Court to take full account of a pre nuptial agreement entered into by spouses prior to their marriage.The case involved considerable family wealth on both sides, a fact that was known by each of them prior to their getting married. Indeed, one of two main factors that Mrs Radmacher made clear to court as being her reasons for wanting a pre nuptial agreement is that her father had insisted that their family wealth be protected and that he would disinherit her if she got married without...
Sep17
write commentPosted in Industry News by Deborah Warren | 17.09.09
In the recent case of Stuart Peters Limited v Bell [2009], the Court of Appeal has held that, when calculating the amount of the compensatory award due to a constructively dismissed employee, tribunals must offset earnings from alternative employment during the notice period. In making its decision, the Court of Appeal has refused to extend the established principal developed in Norton Tool v Tewson [1972].A constructive dismissal is where an employee resigns in a situation where they are entitled to terminate their employment as a result of their employer's conduct. In order to justify resignation in this manner the employer's conduct must be a...
Sep2
write commentPosted in Industry News by Rachel Spencer Robb | 02.09.09
I was asked to make a comment to the Independent on Sunday in relation to the fact that increasing numbers of people are seeking to resolve matrimonial issues themselves. I attach below the link to the Independent on Sunday in which I was quoted in their article "Take the DIY approach to the end of the affair"http://www.independent.co.uk/money/spend-save/take-the-diy-approach-to-the-end-of-the-affair-1779148.html A full copy of my comment is set out belowIn these times we are often faced with clients who wish...
Aug25
write commentPosted in Industry News by Justine Osmotherley | 25.08.09
Imagine the scenario. You believe that you are happily married. Your spouse announces the marriage is over. You eventually go and see a solicitor, to try to resolve the financial matters. After weeks and weeks of requesting information from your spouse, your solicitor is finally sent some financial disclosure. You are shocked to discover that the aunt's property owned by your spouse is no longer owned; the boat has gone; the bank accounts have been cleared and there is very little left. Often, the first time we discover that assets have been disposed of is months after the disposition has happened when we get...
Aug19
write commentPosted in Clarion News by Stephen Inglis | 19.08.09
For my inaugural blog, I wanted to raise the issue of litigation funding and specifically how Clarion is able to assist clients overcome funding difficulties where they may have serious commercial litigation issues. As an innovative and progressive law firm, Clarion is alert to the financial constraints that substantial commercial disputes can place on businesses. This is particularly so in the current economic climate where financial resources may be restricted but where the number of disputes continues to increase. We have for many years recognised that there is no "one size fits all" approach to litigation funding and that in appropriate cases...
Aug19
write commentPosted in Industry News by Lynsey Harrison | 19.08.09
Contentious probate claims are becoming more prevalent. By way of illustration, in 2006 only 83 cases concerning contentious probate were recorded by the High Courts in the UK, yet by 2008 this had risen to 228 cases. On the basis that under the Civil Procedure Rules, which govern litigation in the UK, the onus is always on parties to try and settle cases before they even reach the Court, this is clearly just the tip of the iceberg. In my view there are several different reasons for this increase. Firstly rising property and asset values in recent years have resulted in estates now being generally much larger than ever...
Aug11
write commentPosted in Industry News by Laura Bowler | 11.08.09
On Sunday 21 June, I took part in Jane Tomlinson's 10k Run For All. It was a hugely successful event, with 11,000 runners including our own team taking part in the Clarion Corporate Challenge, all very keen to support local and national charities.This at a time, when according to the Law Society Gazette (25 June) there has been a big down turn in corporate sponsorship, Clarion has maintained its commitment, including encouraging staff to become involved in the Leeds 10k and further charitable causes. Certainly, many charities are increasingly feeling the impact of the recession, experiencing a drop in income, while at the same time an increased...
Aug5
write commentPosted in Industry News by Sarah Sevitt | 05.08.09
Following on from my blog posted back in March this year, which highlighted the results of a US study that dealt with the potential health consequences of divorce and relationship breakdown, further research has revealed that those going through a divorce, together with those who are widowed, suffer 20% more long term health problems than those who remain married.Divorce is often compared to a bereavement, and is cited as the second most stressful and difficult experience a person can go through, after death. Such an experience will inevitably have some sort of effect on health, and the study in the Journal of Health and Social Behaviour reveals that disruption...
Jul31
write commentPosted in Industry News by Emma Blackstone | 31.07.09
The lack of financial protection afforded to cohabiting couples has been a much debated issue in recent months. In particular, it has been a key issue for the family solicitors' organisation, Resolution, which has done a considerable amount of work to promote its ‘Living Together' campaign, seeking improved financial rights for cohabiting individuals and carers. This comes as a direct response to the significant increase in the number of cohabiting couples in the UK, which is expected to rise from 2 million to 3.8 million by 2031. As a consequence of this rise, the demand for the provision of a package of rights protecting cohabiting individuals has seen an increasing...
Jul27
write commentPosted in Industry News by Justine Osmotherley | 27.07.09
Domestic Violence - In the WorkplaceAccording to Home Office statistics almost 1/3 of women and 1/5 of men aged between 16 - 59 had experienced one or more types of abuse at the hands of their current or former partner, at some time during the relationship. Domestic violence can include physical abuse and verbal threats. It is, however, often more subtle than this and can include psychological games; controlling behaviour and intimidation. It affects all people, from all walks of life and many organisations are now recognising that they can help support members of staff. The TUC website confirms that it costs UK employers approximately £3 billion per year due...
Jul23
write commentPosted in Industry News by Clare King | 23.07.09
The Government has recently announced plans to reform the current system for paying for nursing and social care. Whether you find yourself in a position where you require nursing care or whether it is a friend or relative that has care requirements, the current system can be confusing and difficult to navigate and is often seen to be unfair. It is incredibly important that a simple and effective structure for nursing care in the future is put in place as current statistics show the average life expectancy has risen to 78 and there are now more people in England over the age of 65 than under the age of 18.Under the...
Jul23
write commentPosted in Clarion News by Mark Burns | 23.07.09
It's some time since I have blogged however the recent achievement of Emma Blackstone from the family team at Clarion cannot go unrecognised. Emma, pictured right, has recently passed the final stages of her Resolution Accreditation exams. This means that she is now an accredited family lawyer, with recognised expertise in advanced financial provision (complex and high net worth cases) and children law. As a Member of each expert area, Emma has gone through an assessment process to gain recognition that she is competent to undertake work in those particular areas of law. In order to pass the exams,...
Jul15
write commentPosted in Industry News by Deborah Warren | 15.07.09
The Employment Appeal Tribunal has recently handed down its judgment on a group of ongoing sex discrimination claims on the grounds of unequal pay, brought by men and women from the North East (Abbott & Others v South Tyneside MBC, Hartlepool BC & Middlesbrough). For those involved it is a stark reminder that the laws relating to sex discrimination and equal pay apply equally to both men and women. The FactsThe claims were brought against Hartlepool Borough Council, Middlesbrough Borough Council and South Tyneside Borough Council (the "Councils"). Generally there were two ‘groups' of discrimination claims. The first group...
Jul1
write commentPosted in Industry News by Rachel Spencer Robb | 01.07.09
I am the Public Relations Officer for West Yorkshire committee of Resolution, an association of over 5700 family lawyers in England and Wales. Established 25 years ago, it promotes a non-confrontational, constructive approach to resolving family disputes. To find out more, visit http://www.resolution.org.uk/)I set out below a press release issued today to provide assistance to couples who have to live apart but in the same household:"Despite talk of an economic recovery, the recession is still making life hard for couples in Leeds wanting to move on after...
Jun25
write commentPosted in Industry News by Sarah Sevitt | 25.06.09
A wife whose marriage was the subject of one of the landmark judicial decisions of recent times has succeeded in her bid for an increased level of maintenance payments from her former husband.Julia McFarlane will now receive a minimum of £350,000.00 a year from Mr McFarlane, who is a partner at Deloitte. The maintenance will comprise 40% of his income up to £750,000.00, 20% of income between £750,000.00 and £1million, and 10% of income over £1million. Mr McFarlane's income has increased from £750,000.00 at the time of the divorce in 2006, to £1.1million. It is possible for parties who have already reached a financial settlement, or had an...
Jun12
write commentPosted in Industry News by Jonathan Simms | 12.06.09
The recent unreported case of Bank of Scotland plc -v- (1) Constantine Makris (2) Ben O'Sullivan ChD, 2009 reaffirms the need for lenders to ensure that their standard form personal guarantees are for "all monies" rather than a specific liability. General Principle The liability of a guarantor under a personal guarantee is always contingent on the underlying obligation which it is actually guaranteeing. If the parties to the underlying obligation decide to vary the obligations to the extent that the variation could be considered detrimental to the guarantor without first securing the guarantor's consent, then the guarantor may...
Jun4
write commentPosted in Industry News by Rachel Spencer Robb | 04.06.09
When there are greater numbers of people in Great Britain over the age of 60 than there are under 16 years old, focus must turn to the older generation and their position and relationships within the family. In particular the situation that arises on the unfortunate breakdown of those relationships. Many families in the country are touched in some way by divorce or separation but what happens if the children of the family are prevented from seeing their grandparents simply because one parent has fallen out with the other? There may be other reasons why there might be a distancing of the child from his grandparents...
May27
write commentPosted in Industry News by Stephanie Dunderdale | 27.05.09
A Bradford man has last week pleaded guilty to six offences of theft and fraud, crimes which can be said to be even more appalling because of the identity of the victim - a 85 year old woman. Mr Bhupinder Sahota is currently being tried at Bradford Crown Court for offences of stealing almost £185,000 from the elderly woman. The reason that this sad case was drawn to my attention in the newspaper over the weekend was that Mr Sahota was acting for the victim under an Enduring Power of Attorney ("EPA"). In fact, he has admitted that he used this legal document in particular ...
May22
1 commentsPosted in Industry News by Deborah Warren | 22.05.09
The recent Court of Appeal case of Gabriella Shaw v Hazel Dolemand [2009] has further clarified the approach of the Courts when considering the continuing liability of a guarantor of a lease on the insolvency of the tenant. The Insolvency Act 1986Section 178 of the Insolvency Act 1986 (the "Act") gives the liquidator of an insolvent company the power to disclaim "Onerous Property". Section 178(3) of the Act defines Onerous Property and includes a lease. Should the liquidator of an insolvent company choose to disclaim a lease, he is required to serve all interested parties with notice. If however, after 14 days...
May8
write commentPosted in Industry News by Deborah Warren | 08.05.09
It may come as a surprise to much of the general public to know that some employers use service charges, tips, gratuities and/or cover charges ("Tips") left by customers to make up the required national minimum wage paid to their workers. The Court of Appeal recently heard the case of (1) Annabel's (Berkeley Square) Limited (2) George (Mount Street) Limited (3) Harry's Bar Limited v The Commissioners for Her Majesty's Revenue and Customs in which they dealt with one aspect of this issue.The LawThe National Minimum Wage Act 1998 (NMWA 1998) gives workers the right to be paid a minimum...
May7
write commentPosted in Industry News by Alice Pratt | 07.05.09
The Court of Appeal has recently held that two directors who were also controlling shareholders of their respective companies should be treated as employees, despite not having written contracts of employment. The decision in Secretary of State for Business Enterprise and Regulatory Reform v Neufeld and another [2009] EWCA Vic 280 has over turned previous assumptions about the status of directors and may have wide reaching effects on potential purchasers of insolvent businesses in these troubled economic times.The CaseMr Neufeld was the managing director and major shareholder of A & N Communications In Print Limited (A & N) whilst also working as...
May7
write commentPosted in Industry News by Clare King | 07.05.09
When a person dies without leaving a valid will, they have died "intestate". The rules that dictate who may deal with the assets in the estate and who will be a beneficiary of the estate are called the Intestacy Rules. If there are assets exceeding £15,000 (or less, depending on the nature of the assets) then it will be necessary for somebody to apply to HM Probate Registry for Grant of Letters of Administration. This is a document that is issued by the Court, and which authorises the Personal Representatives to deal with the assets in the estate. The following list is the order of...
May6
write commentPosted in Industry News by Rachel Spencer Robb | 06.05.09
It is a sign of the times that sadly a considerable amount of businesses, from sole traders to multi nationals, are failing. But what happens when a company is owned in whole or in part by a husband and wife and their relationship breaks down?Upon a marriage breakdown, all the assets of the marriage must be identified, valued and available for division in the fairest way taking into account a list of specific factors set out at section25 Matrimonial Causes Act 1973 including the needs of any minor children and all the circumstances of the case. Any interest in a company whether in the sole name of...
May1
write commentPosted in Industry News by Justine Osmotherley | 01.05.09
With the recession now in full swing, we are all being more careful than ever when it comes to protecting our hard earned cash. This is certainly ringing true for our clients, whether they are going through a relationship breakdown and are seeking a settlement, or whether they are just starting out and want to protect what is theirs in the event that things go wrong later on down the line. We are often asked, when dealing with financial settlements on behalf of our clients, to arrange for a proportion of their assets to be placed into a trust, most commonly on behalf of their children until they reach...
Apr27
write commentPosted in Industry News by Sarah Sevitt | 27.04.09
Today marks the coming into force of new legislation which will allow the media to attend private family court hearings. The new rules apply to all directions hearings and final hearings that were previously held in private, including matters relating to divorce, financial matters, and children, including contact and residence disputes. The main exceptions are hearings that are conducted "for the purpose of judicially assisted conciliation or negotiation", in other words the First Appointment and Financial Dispute Resolution hearings. The press are however entitled to be present at the parts of those particular hearings where directions are given by the judge.Although on the face of it...
Apr14
write commentPosted in Industry News by Deborah Warren | 14.04.09
The use of pre-pack administrations in order to transfer a business as a going concern is common place in today's troubled market place. In such circumstances important decisions have to be made in a very restricted time frame however, decisions made in haste and without the appropriate legal advice often fall foul of the complicated interaction between insolvency and employment law. The Employment Appeal Tribunal's (EAT) recent decision in the case of Oakland v Wellswood (Yorkshire) Ltd demonstrates the importance of obtaining legal advice when on the cusp of a business transfer by reason of insolvency. The decision dealt with the ambiguity...
Apr9
write commentPosted in Industry News by Estelle Oates | 09.04.09
With the economy in recession and people's personal finances being put under ever increasing pressure, the Insolvency Service this week introduced an alternative to bankruptcy which could assist up to 50,000 people this year.Debt Relief Orders came into force on April 6 and are a formal insolvency process intended to help individuals with a relatively low level of debt, little surplus income and minimal assets. In order to be eligible for a DRO an individual must meet the following conditions:They must be unable to pay their debts as and when they fall due;Their debts must total less than £15,000;They...
Apr9
write commentPosted in Industry News by Nigel Stott | 09.04.09
Business Intelligence (or ‘BI') has been a buzzword in IT circles for a while now. Essentially, Business Intelligence is the means by which we can gather and translate data to help make key business decisions. In this blog I'd like to take a look at some of the key challenges your business may face when trying to make decisions using Business Intelligence. It is important to understand first the difference between data and information. Data is absolutely anything that we store in a digital form. Within your business you will no doubt have a mountain of data kept in a variety of places. This data will be...
Apr7
write commentPosted in Industry News by Julia Pearson | 07.04.09
The arrival of the new regional Administrative Court in Leeds on 21 April 2009 will bring justice closer to home for those aggrieved by a decision of a public body. The ability to conduct proceedings in Leeds means litigants will be able to instruct local solicitors and Counsel, saving time and money by not having to conduct proceedings in London. It should also save the taxpayer money as the costs for local public bodies will also decrease. Among various other matters, the Administrative Court has the jurisdiction to hear judicial review cases and immigration appeals, which until now have only been heard in London. The availability of...
Apr1
write commentPosted in Industry News by Rachel Spencer Robb | 01.04.09
Further to my previous blog ("Recession hit Husband tries to Renegotiate Final Order on Divorce") we were all eagerly awaiting the judgement of the Court of appeal following Mr Myerson's appeal of his divorce consent order on the grounds that the fall in value of his shares caused by the financial crisis constituted an event that undermined the basis of the order. The judgement, released today confirmed that his appeal was dismissed by Thorpe LJ as, following Hale J in Cornick v Cornick, a natural change in the price of shares did not meet the general principles required. He...
Mar31
write commentPosted in Clarion News by Deborah Warren | 31.03.09
The younger members of the Clarion team networked with their peers at the firms most recent ClarioNet Event held at Toast on 26 March 2009. The event did not part with tradition at the risk of disappointing our regular guests and was held as an informal networking evening with drinks and canapés. Thank you to all those who attended and made the evening enjoyable and a success. It was great to catch up with established contacts as well as to meet the new faces. Comments about the event have so far included the following: "Last night was very enjoyable. Perhaps a little too enjoyable -...
Mar30
write commentPosted in Industry News by Justine Osmotherley | 30.03.09
Redundancy, bereavement, moving house are all examples of stressful situations. Relationship breakdowns should be added to that list. Arguments over money, the children and who gets the dinner service are regular features. Letters from lawyers, court documents, proposals, counter proposals and counter proposals to the counter proposals all need dealing with. The following tips may assist in coping:Tell your employer - tell them about your home situation. If you let them know they can provide support and will give you some leeway, just in case your performance suffers. Take a break - whether you are the person ending the relationship or the...
Mar26
write commentPosted in Industry News by John Mackle | 26.03.09
A new Practice Direction comes into force on 6 April 2009 governing the conduct of parties to potential litigation (pre-action conduct). It applies to all potential litigants including those not represented by lawyers (who may therefore not be aware of it). The Practice Direction is in addition to specific protocols which apply to certain types of claim such as personal injury claims. The Courts have for some time required parties to potential litigation to engage in a "reasonable exchange of information" and to cooperate to try to avoid the need for proceedings to be issued, or at least to narrow the issues if proceedings are inevitable. The...
Mar25
write commentPosted in Industry News by Rachel Spencer Robb | 25.03.09
They say that it is a woman's prerogative to change her mind, well now it clear that it is also a Judge's.The case of Paulin and Paulin [2009] EWCA Civ 221 issued on the 17 March 2009 makes for very interesting reading. Not least because the steps taken by the husband in an attempt to thwart his wife's claims for financial relief following the breakdown of their marriage were described by the court as"A tactic now occasionally adopted by a devious husband confronted with an application by his wife for financial relief ancillary to divorce proceedings is to issue proceedings for...
Mar25
write commentPosted in Industry News by Steve Milner | 25.03.09
Following on from my previous blog looking back at the last year, I now deal with the recent decision of Allpress which considered the position of money launderers in light of the caveat expressed at the end of May that the position of money launderers might be different.In brief, May and Jennings considered that the correct focus when considering the benefit obtained by a defendant is to look at what the defendant himself actually received applying the ordinary meaning of the language. However, their Lordships in May warned that this might not be the case with regards...
Mar25
write commentPosted in Industry News by Steve Milner | 25.03.09
As the financial year draws to a close, it seems like as good a time as any to reflect on the past year in relation to assets recovery, proceeds of crime, restraint and confiscation.2008 was a very important year as far as proceeds of crime is concerned with a number of high profile and important decisions being handed down by the House of Lords and Court of Appeal. I have picked out a few important decisions that have had an impact and are likely to continue to do so in the next year.May, Jennings & Green and beyond...
Mar19
write commentPosted in Industry News by Rob Rode | 19.03.09
In a recent case before the House of Lords HSE -v- Chargot Ltd (Trading as Contract Services) Ruttle Contracting Ltd and George Ruttle; the three appellants maintained that it was for the prosecution to prove the acts and omissions by which it was alleged that there had been a breach of duty pursuant to the Health & Safety at Work Act. It was maintained that it was not enough to simply assert that a state of affairs existed which gave rise to risk to health or safety. The House of Lords found that the duties as set out in Section 1 of the act are...
Mar19
write commentPosted in Industry News by Rob Rode | 19.03.09
The Health and Safety Offences Act 2008 came into force on Friday 16th January 2009. Judith Hackitt Chair of the Health and Safety Executive welcomed the Act which arose from a private members bill. She said:-"This Act gives our Courts the power to impose higher fines for some Health and Safety offences. It is right that they should be a deterrent to those business and individuals that do not take their Health and Safety responsibilities seriously. Everyone has the right to work in an environment where risk to their Health & Safety are properly managed and employers have a...
Mar17
write commentPosted in Industry News by Rachel Spencer Robb | 17.03.09
I am the Regional Press Officer for the West and North Yorkshire branch of Resolution. In this capacity I am supporting leading lawmaker Lord Lester's Bill on cohabitation, which was debated in Parliament on Friday 13th March 2009. Family law on cohabitation is completely out of step with modern family life. Cohabitation is the fastest growing family type in the UK and marriage rates are plummeting. But couples who live together have no legal protection, regardless of the length of their relationship or whether they have children together. Despite this, over fifty percent of people still falsely believe cohabitants are protected by ‘common...
Mar12
write commentPosted in Industry News by Rachel Spencer Robb | 12.03.09
You may well have read in the press about Mr Myerson, a City fund manager, who has taken his case to the Court of Appeal in an attempt to "claw back" some of the £9.5million settlement he agreed to pay his wife back in March 2008.Since that time, his fortune - largely made up of shares in his company - has collapsed and as such he claims that he can no longer afford to pay the settlement to his wife. She received 43% of their total over fortune of £25.8milliion. This was made up by a property in South Africa and a lump sum of £9....
Mar11
write commentPosted in Industry News by James Lawson | 11.03.09
As we all know it's a tough business environment and where revenues are declining businesses are looking to cut costs and plan ahead. Costs associated with property ownership and occupation are no exception. Businesses' property ownerships usually comprise the following:Freehold properties - i.e. those owned outright albeit possibly charged to the bank.Leasehold properties - i.e. usually leases of between 5-25 years at an open market rent subject to rent reviews. Rents are typically paid quarterly in advance.Businesses are looking to review which properties are key to their continued operation and which are...
Mar10
write commentPosted in Industry News by Lucie-Jane Hugill | 10.03.09
You will have probably noticed over the past few months that some people are rather desperate to sell their properties and are trying out new ideas to realise deals. Frustrated with watching their homes or businesses sit on the market without interest from potential buyers (or else attracting what they think are derisory offers), people are embracing alternative methods of "sale". We have already heard about houses being offered as prizes in raffles, but this has caused some controversy to date, with arguments that such schemes fall foul of gambling laws. However, this week I noticed in the news that there has been a...
Mar5
write commentPosted in Industry News by Sarah Sevitt | 05.03.09
As if the doom and gloom couldn't get any worse at the moment, it is now coming to light that those who are unhappy within their marriages, and particularly women, are potentially putting their health at risk.An article published today on the BBC website highlights the results of a study carried out in the US, and shows that a condition known as "metabolic syndrome" often manifests itself in unhappy wives. The condition often goes hand in hand with depression and has symptoms such as increased blood pressure and weight gain. It is not clear at this stage whether an improved relationship "health...
Mar5
write commentPosted in Industry News by Rachel Spencer Robb | 05.03.09
Times are becoming increasingly difficult and every day sees the increase in companies falling into administration and more and more people being made redundant.What happens when a husband (which is not always the case but is generally so) cannot afford to make the maintenance payments to his former wife for her benefit or for the benefit of their children? There is a distinction to be drawn if the payments are made following a written agreement entered into directly between the parties or if the payments are under a court order. If payments are being made pursuant to a written agreement, provided there has been a...
Mar4
write commentPosted in Industry News by Keith Allen | 04.03.09
LEGAL ADVICE AT THE POLICE STATIONLegal advice at the police station is essential and can help prevent or shorten future Court appearances. Being at a police station for questioning is an intimidating prospect for anyone and having a person there to advise you on the best course of action will reassure you that you are taking the correct course of action.On a number of occasions now I have represented people at Court who have not asked for representation at the police station and when asked why say things like "I did not think I...
Mar4
write commentPosted in Industry News by Laura Bowler | 04.03.09
Terrorism Act 2000: New Stop and Search PowersRecently, I was walking through Leeds Train Station, when I was stopped by a Community Support Officer. She informed me that I had been randomly selected to be searched as part of the continuing security operation on the railway network, in order to prevent terrorism. The Community Support Officer was highly professional, but I have to say that it was not an enjoyable experience. It was most embarrassing being frisked and having my bags searched, whilst trying to ignore all the surreptitious glances from passing commuters, all clearly convinced that the police must believe me to have committed...
Mar4
write commentPosted in Industry News by Alison Batty | 04.03.09
Following my blog on the Homeowner Mortgage Support Scheme ("HMSS") on 20th January 2009, the Government have now published the final design of the scheme. The scheme confirms the eligibility criteria and sets out the risk sharing arrangements that will be put into place.Briefly the eligibility criteria are as follows:Borrowers must provide evidence that they have suffered a temporary loss of income from employment or self-employment which will affect the household's ability to meet the mortgage payments;They must have been making regular mortgage payments for a period of at least 5 months (even if that...
Feb27
write commentPosted in Industry News by Sarah Sevitt | 27.02.09
It has been reported today that the counselling service, Relate, is seeing an increased number of people coming to them for advice about how to deal with debt. Given the current state of the economy, this is not a huge surprise. Another trend that is now being seen by Relate counsellors is an increase in the number of people seeking advice about their marriages and relationships. There is no clear cut "yes" or "no" answer to the question of whether these trends are linked, but it is safe to say that when times are hard, relationships do suffer. The problem for couples who are separating...
Feb25
write commentPosted in Industry News by Rachel Spencer Robb | 25.02.09
For many couples in the unfortunate position of separating or divorcing, the prospect of lengthy and expensive court battles can be a daunting process with no guaranteed outcome and the feeling that matters are beyond your control. Collaborative Law offers a real and successful alternative to the "traditional approach" of resolving matrimonial disputes.Traditionally, when couples separate they each take independent legal advice from specialist family solicitors. They work through their lawyers to try to reach an agreement. If no agreement can be reached, some months down the line (and potentially thousands of pounds) it is left to the family courts...
Feb23
1 commentsPosted in Industry News by Steve Milner | 23.02.09
I reported in my blog dated 7 March 2008 following an interim hearing in our case of R v Shabir that the Court of Appeal had stressed the importance of courts giving detailed judgments at first instance as to findings of facts in confiscation hearings, to enable appellate courts to deal with appeals appropriately. That requirement has been reinforced in the recent case of BERR v Lowe [2009] EWCA Crim 194, which, similarly to Shabir, was another appeal arguing abuse of process. In a postscript to the judgment, Lord Justice Thomas (who interestingly handed down the judgment in Shabir regarding the need for detailed rulings)...
Feb18
write commentPosted in Industry News by Joanna Downes | 18.02.09
On 6 April 2009 the main provisions of the Employment Act 2008 ("the Act") will come into force. The Act will make a number of significant changes to the way in which workplace disputes will be handled. In particular the Act will:Completely repeal the Statutory Dispute Resolution Procedures ("SDRPs"), which were brought into effect in 2004. The SDRPs set out a statutory ‘3 step' procedure for dealing with grievances and disciplinary matters in the workplace.Repeal section 98A of the Employment Rights Act 2002. In broad terms, this section sets out that a dismissal will be automatically unfair where the...
Feb12
write commentPosted in Industry News by Sarah Sevitt | 12.02.09
I have previously blogged on the anticipated impact that the economic downturn would have on those couples going through a divorce. It is now becoming apparent that the current recession is indeed beginning to take its toll, and not just on those who are in the process of splitting up at the present time.Family solicitors are beginning to see an increase in the number of cases being brought by divorced husbands who, under the terms of settlements that had been reached some time ago, are paying maintenance...
Feb10
write commentPosted in Industry News by Marie Pugh | 10.02.09
A draft Order is currently before Parliament which proposes to alter the process for applications to vary premises licences and club certificates (the Legislative Reform (Minor Variations to Premises Licences and Club Certificates) Order 2009).The existing procedure under section 34 of the Licensing Act 2003 imposes an administrative and cost burden on licence and certificate holders as any variation to a premises licence or club certificate, no matter how minor, requires the full application procedure to be followed. Currently, an application for variation must be made to the local licensing authority and the applicant needs to advertise the application in the local press. The applicant must also notify relevant...
Feb6
write commentPosted in Industry News by Alison Batty | 06.02.09
Since 1st August 2007 there has been a phased introduction of the requirement for a Seller/Landlord to produce an Energy Performance Certificate ("EPC"). Now EPCs and recommendations as to how the energy performance of a building can be improved, are to be produced (save in limited circumstances) whenever a building is constructed, sold or rented. This also applies to separate units in a building (although in limited cases an EPC of the building as a whole is acceptable rather than the individual units).The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (the "Regulations") which introduced the requirement,...
Feb6
write commentPosted in Industry News by Clare King | 06.02.09
As a follow on to my blog about steps that are commonly taken following the death of a relative or friend, the following glossary may be of assistance. GlossaryAdministrator: A type of Personal Representative - see belowBeneficiary: A person entitled to some type of benefit from a trust or from the estate of somebody who has died. Executors: A type of Personal Representative - see belowGrant of Representation: A legal document that is issued by the Court that authorises the...
Feb6
write commentPosted in Industry News by Clare King | 06.02.09
The immediate aftermath of the death of a relative or friend can be a difficult time for everyone concerned. I have put together the following guide to some of the key steps to be taken immediately following the death of a loved one. Of course, the circumstances will be different in every case and the following is a guide only. For specialist advice please contact me or one of the team on privateclientenquiries@clarionsolicitors.com. 1 Try not to panic. You have several days to deal with the initial formalities. Your first steps should be to:a. Register the death;
Jan23
write commentPosted in Industry News by Justine Osmotherley | 23.01.09
An article published recently in the Sunday Times magazine discussed the growing number of support groups that are specifically aimed at individuals who are experiencing divorce and family breakdown. The groups meet regularly and provide an outlet for their members who can share their experiences with those who are going through the same thing. Feedback from those who have attended the sessions has been incredibly positive, which just goes to show that whilst the divorce process is undoubtedly a difficult one, the pain can be eased by sharing stories and experiences with others. It is now widely recognised that a divorce does not need to be all about confrontation...
Jan23
write commentPosted in Industry News by Sarah Sevitt | 23.01.09
A man who was deceived by his ex wife into believing that he was the father of her child is pursuing her through the courts for compensation. The child, who is now in her 20s, was fathered by the wife's lover when they conducted an affair behind the man's back. He had absolutely no idea that he was not the father until a DNA test was carried out when the couple divorced, when the child was 18. He is now suing both his ex wife and her lover for the monies that he spent on the child under the impression that he was her father all along. It...
Jan20
write commentPosted in Industry News by Alison Batty | 20.01.09
It certainly can't be said that the Government are sitting back during this period of economic crisis waiting to see if things get better. It seems that with every week that passes an announcement is made detailing (albeit briefly) the latest package that the Government has devised in a bid to rescue the banking sector and kick-start the home loans market. One does wonder however just how effective some of these measures are going to be.I have been closely watching the development of the Homeowner Mortgage Support Scheme ("HMSS"). Announced in early December it was heralded by the Government as "a real...
Jan19
write commentPosted in Industry News by Lucie-Jane Hugill | 19.01.09
It is generally accepted that a landlord has the right to forfeit a lease where the tenant is in breach of its lease obligations, but that this right can be lost where the landlord accepts rent from the tenant despite knowing that a breach has occurred. Sometimes, however, the facts of a matter are not so straightforward and problematic issues still emerge, as we saw at the end of last year in the case of Osibanjo v. Seahive Investments Limited. The facts of the case are that Mr Osibanjo was the tenant of a commercial property in London; Seahive Investments Limited (?Seahive?) was the landlord. Osibanjo?s rent payments were in arrears...
Jan16
write commentPosted in Industry News by Roger Hutton | 16.01.09
Clarion are hosting a series of seminars that deal with the challenging circumstances that businesses find themselves in now. As I am due to open the seminars I thought I would do a little bit of research to find out exactly how serious the current problems are. On the 23 January 2009 the official figures are set to confirm that the UK is in recession with six months of negative growth. It is the first time the UK economy has entered into recession for 16 years. Unemployment is expected to rise by a total of 1.5 million to around 3 million on 9% of the population by the end of 2010. More than 17,000.00 were declared bankrupt in the third...
Jan16
write commentPosted in Industry News by David Arundel | 16.01.09
?Where a company is or may be about to become insolvent, then the duties of the directors change significantly. In these circumstances the directors? duty to the creditors override all other duties?.? We are, as the Government keeps reminding us, in the middle of ?difficult times?. Most people would in fact simply say that we are in the midst of a global economic crisis, precipitated by the credit crunch, and that the UK economy is in recession. As a result, many previously profitable companies are teetering on the brink of insolvency. Where a company is or may be about to become insolvent, then the duties of the Directors change significantly. In these...
Jan14
write commentPosted in Industry News by Rachel Spencer Robb | 14.01.09
You may have heard that Jack Straw, Justice Secretary announced on 16 December 2008 that a package of measures were being brought in intending to improve scrutiny of and public confidence in the family court system. Legal cases involving families, whether they be children being the subject of care proceedings or a high profile divorce, are often in the media and it is clear that family courts have the power to make far reaching decisions that have a substantial and permanent effect on those involved. Family Courts deal with such a wide range of aspects of family life providing protection for victims of domestic abuse, protection of children, adoption and resolving financial aspects of...
Jan14
write commentPosted in Industry News by Alison Batty | 14.01.09
Earlier this week the British Retail Consortium (?BRC?) published figures to confirm that retail sales fell in December by 3.3%, with the value of like for like sales being at their lowest level since 1994. These are just the latest figures released detailing the falling sales experienced by retailers which have contributed to the closure of established high street names such as Woolworths and job losses across the sector. 2008 has been a gloomy year with the outlook for 2009 not much better. The BRC have forecast that as many as 40,000 retail workers are likely to lose their jobs over the next few months with redundancies at Marks and Spencer, Land of Leather and the Celebrations...
Jan13
write commentPosted in Industry News by Rachel Spencer Robb | 13.01.09
More people file for divorce in January than at any other time of the year. This January is expected to be no exception with couples reaching breaking point due to a combination of dysfunctional family Christmases and the credit crisis. The Law Society is advising anyone considering divorce to seek expert legal advice from a specialist family law solicitor. Paul Marsh, Law Society president, says: 'Divorce is stressful, the legalities can be complicated and emotions can cloud reasoning, so it is important to consult an expert from the outset to receive independent, impartial, objective advice from someone who will steer you clear of the legal pitfalls and safeguard your interests.' The reality...
Jan9
write commentPosted in Clarion News by Richard Port | 09.01.09
Clarion has introduced an insurance scheme designed to protect businesses from the cost of employment tribunal claims. We now operate a dedicated Employment Law Protection Scheme to address the complex and costly issues, which are affecting the profitability of many businesses across the UK. It provides an audit of existing contracts, policies and procedures, an advisory helpline and an insurance product should the relevant employer face tribunal proceedings. Employment Tribunal Statistics published in October 2008 show that the number of cases brought to tribunal has increased by a massive 44% from a total of 105,177 cases in 2006/2007 to 151,249 in 2007/2008. A number of age discrimination claims are being filed each month and the average award in...
Jan9
write commentPosted in Industry News by Alison Batty | 09.01.09
The start of a new year is usually a time for reflection on the events of the year passed and predictions as to what may lay ahead. We become bombarded by reviews of the year each with a slightly different spin on events and this year is no different. The main topic of discussion in respect of both 2008 and 2009 has been the ?credit crunch? and our failing economy. The reviews stretch from the doom and gloom of recession with house prices expected to fall a further 15% over the next 12 months, to slightly more optimistic outlooks with Alistair Darling forecasting that the economy will pick up in mid 2009. What is obvious to all...
Jan8
write commentPosted in Industry News by Sarah Sevitt | 08.01.09
It?s that time of year again, the Christmas lights have been taken down and the family visiting from out of town have all gone home. And whilst the run up to Christmas and New Year is an exciting time, often the realities of family life hit home in the first couple of weeks in January. It?s cold and dark outside, pay-day seems like a lifetime away, and there?s often a general feeling of anti climax. It?s an unfortunate fact that for some marriages, the combination of these factors is just too much to bear and can be the final straw for already unhappy relationships. Commonly referred to as ...