Pub manager compensated for depression caused by dismissal
The case involved a husband and wife who were employed together to manage a large pub. They lived on the premises with their four children. They worked there for just over a year when the employer became dissatisfied with their performance and dismissed them. A tribunal later ruled that the dismissals were unfair. The husband…
Are our medical records a commodity?
Are our medical records a commodity? GPs are being encouraged by the government to share medical records with so called ‘safe havens’ such as private health care providers and insurers but who will this benefit? Perhaps the simple answer is we just don’t know, however you can be sure that there is significant commercial advantage…
Sandwich bar employee awarded £47,500 after falling at work
She suffered several injuries including whiplash to her neck, damage to her ribs and blurred vision. The woman, who was 34 at the time of the accident, went down to the basement with an empty bread tray. The stairs were made of wood with rubber strips on the edges of the steps. However, some of…
Overtime payments ‘should count towards holiday pay’
The judgment brings the UK closer to EU law in relation to the Working Time Regulations. The employee at the centre of the case, Mr Neal, was contracted to work a 35-hour week made up of five seven-hour shifts. His terms also stated that he may have to work overtime when necessary. In practice, he…
Highest number of home buyers for four years
The biggest increases in activity came in the West Midlands and the North East, which were among the areas worst affected by the market crash. However, every area of the country saw significant growth. The RICS figures are based on buyer activity in July, when it says house prices rose across the country at their…
Deregulation Bill ‘to benefit office and shop based companies’
The main beneficiaries are expected to be office and shop based companies. The Bill will lead to the amendment or repeal of 182 pieces of legislation, with the aim of reducing the time and money spent by businesses on unnecessary admin and regulations. Some of the key changes are: The scrapping of health and safety…
House prices increasing ‘at fastest rate for three years’
The Halifax survey found that prices in the three months to the end of June were 2.1% higher than in the previous quarter and 3.7% higher than in the same period last year. Halifax spokesman Martin Ellis said the increases are the highest we’ve seen for three years. He said: “Activity has also improved in…
Plans to make company directors more accountable for failings
It also wants to improve company transparency to make it easier to work out who really owns and controls companies in the UK. The proposals were put forward by Business Secretary Vince Cable in a discussion paper entitled, Transparency and Trust. The first section of the paper sets out how the Government will implement its…
Firm stops employee revealing confidential information
The court heard that the employee had been unhappy at the firm for some time before she finally handed in her notice. During her employment she had sent confidential documents to her personal email account, which she refused to return after her resignation. The court held that there was an obligation in the employee’s contract…
Father must return his abducted children to their mother.
The case involved a British couple who moved to Canada to start a new life with their two children, aged two and four. They separated within a few months of arriving and the father took the children back to the UK without the mother’s permission. The mother took legal action to have them returned to…
Man awarded £20,000.00 for loss of testicle
A 25 year old man attended A&E with severe pain in his testicle. He was given pain relief and told that since there were several possible causes an ultrasound scan would be performed early that afternoon. The scan was not carried out until the following day, when testicular torsion was diagnosed. Due to the delay…
One in six SMEs worried about the future
The figures are contained in Zurich’s SME Risk Index for Quarter 4 of last year, in which YouGov questioned decision makers at more than 500 businesses. High street retailers are among the most concerned with 21% of business owners believing they are at risk of going under. That figure rose from 12% in Quarter 3…
Landlord’s mistake over rollover tenancy proves costly
Failure to do so could result in penalties and prevent the landlord from serving notice for possession. The case involved a tenant who had taken an assured tenancy for a fixed term of one year less one day from January 8, 2007 and paid one month’s rent as a deposit. The arrangement preceded the Tenancy…
Public ‘at risk’ as will writing remains unregulated
Many legal services are strictly regulated but will writing is not. The Law Society and the Legal Services Board have long campaigned for stricter controls to protect the public but the Government has decided not to take any action. The decision means that anyone can set up in business providing will writing and probate services…
Elderly lady awarded £35,000.00 following loss of useful vision
A 76 year old lady was referred to hospital due to a deterioration in her vision, which was already restricted. There was a two month delay in making the correct diagnosis, and a further delay of nine months in beginning treatment. In the meantime the deterioration continued so she lost almost all useful vision and…
‘Idiot’ celebrity chef loses claim based on oral contract
As is often the case with oral contracts, the details of what was agreed were hotly disputed by the two sides. Mr White said he had entered into an agreement with the two businessmen to run a restaurant. He was to receive a 38% shareholding in return for the use of his name in relation…
Girl awarded £95,000 after losing sight in one eye
9 year old girl attended A&E after sustaining an injury to her eye. Following an examination her parents were told that they surface of the eye was scratched and were given ointment to apply. Three days later she returned to A&E where it was confirmed that the eye had been perforated. She had emergency surgery…
Rise in cross border disputes over children abducted by parents
Figures released in the annual report by the Office for International Family Justice for England and Wales show that there were only three such cases in 2007. The figure rose to 65 in 2008 and then to 253 in 2012. The report says the increase is partly due to the “ever-increasing number of international family…
Woman fails to share in ex-husband’s newly earned riches
Dale Vince and Kathleen Julie Wyatt separated in 1984 when they were both in their early 20s. They divorced in 1992. Mr Vince was penniless at the time but he then went on to become a millionaire after setting up a business creating energy from wind power. In 2011 – 19 years after the divorce…
Case Settled – Vision restriction
76 year old lady referred to hospital due to deterioration in her vision, which was already restricted. There was a two month delay in making the correct diagnosis, and a further delay of nine months in beginning treatment. In the meantime the deterioration continued so she lost almost all useful vision and was no longer…
Family awarded £21,500 after man dies of haemothorax following broken ribs
A 44 year old man saw his GP a few days after being discharged from hospital following treatment for broken ribs. Although he was complaining of difficulty breathing and severe pain the GP failed to listen to or examine his chest. The following day he collapsed and died in his mother’s car on the way…
Diabetic awarded £15,000 after having his big toe amputated
50 year old diabetic man developed an infection in his big toe. His GP failed to prescribe antibiotics and delayed in referring him to hospital until amputation was unavoidable. This case has recently been settled by an experienced member of our Clinical Negligence team. For similar cases, or any other types of Clinical Negligence claims,…
Company law amended to boost direct employee ownership
UK employee owned companies have a turnover of £30bn a year and employ more than 130,000 people. Ministers say these firms are more productive, profitable and more resilient to economic shocks than other businesses. The new rules mean that a company with employee ownership that issues shares directly to its employees will find it easier…
Number of FTSE 350 firms signing payment code triples
Business Minister Michael Fallon wrote to businesses in November 2012 asking them to sign up to the code which requires large firms to pay small firms promptly. Mr Fallon said that firms that failed to sign up might be named and shamed. A further 94 FTSE 350 firms have joined since Mr Fallon made his…
Treasury doubles its revenue from people who don’t make a will
The Times newspaper has published research carried out by lawyers which shows that £38.5m flowed into the Treasury coffers last year from the estates of people who died without a will or an heir. That was a rise of 91% on the year before. The reason for the sudden rise is uncertain. Researchers believe that…
Number of tenants buying council homes more than doubles
Right to Buy offers eligible tenants discounts of up to £100,000 in London and up to £75,000 in other areas. The latest figures show that the number of homes sold between April 2012 and April 2013 reached 5,942. That’s more than double the number sold in the previous year and the highest since 2007. A…
New code will cut ‘unnecessary’ health and safety checks
The Health and Safety Executive’s statutory National Enforcement Code for local authorities will instead shift the emphasis to a more targeted approach. Councils will now be required to concentrate on higher risk activities in specified sectors, or where there is reason to suspect that workplaces are putting employees or the public at risk. Ministers say…
Overworked database administrator awarded £35,000
The 50-year-old has been with the same employer since 1997. In 2006, he received a promotion which meant he was given more responsibilities. This led to him working an excessive number of hours. On a typical week he would work around 30 hours over his normal time. He had a history of neck pain and…
Queen’s Speech will have an impact on businesses
The Queen outlined a raft of new Bills which the Government is introducing to strengthen the economy and reduce Britains deficit. The Immigration Bill is intended to reform immigration law so that Britain “attracts people who will contribute and deter those who will not”. The Bill will bring landlords into the fight against illegal immigration…
Date set for introduction of Employment Tribunal fees
From that date, subject to the necessary Parliamentary approval, employees wishing to bring a claim to a tribunal will have to pay fees on a sliding scale depending on the nature of the claim and the number of claimants. Level 1 claims include breach of contract, equal pay, holiday pay, redundancy issues and wages. Level…
Levy change could make it cheaper to build your own home
Under the current system, new homes above a certain size are subject to the Community Infrastructure Levy. The levy allows councils to raise funds from developers undertaking new building projects in their area. The money raised is used to fund the infrastructure needed to support the development and to support local communities. Ministers say individuals,…
New minimum wage rates include increase for apprentices
The Low Pay Commission (LPC) had recommended that the rate for apprentices should be frozen following concerns about compliance, but the Government has decided to go ahead and increase it. Business Secretary Vince Cable said: “The independent Low Pay Commission plays a crucial role in advising the government when setting the National Minimum Wage every…
Father wins appeal over contact with his children
The man had originally been granted supervised contact because it was feared that he might abscond and take the children abroad if there was no supervision. The problem arose when he applied to vary the supervision arrangements. The judge held that the state could not be expected to supervise contact and so the best approach…
Company wins compensation from council for loss of business
The case arose after the arcade owners became concerned about the structural integrity of the pier and commissioned a survey. It then provided a copy of the survey to the local authority in the hope that it would tell the owner of the pier to carry out repairs. The council responded by giving notice that…
Dependency and Compensation Claims Following Fatal Accidents
It may not be the first thing that comes to mind after a tragic accident but those dependent on the victim will have a claim for compensation, and this claim could be essential to the upkeep of the dependent. Fatal Accident Compensation A fatal accident claim is usually split into two parts. First, compensation for…
Victim of sexual harassment at work awarded compensation
Noeleen McAleenon says she was subjected to inappropriate contact and degrading comments about her sex life while working for Autism Initiatives NI. She complained to her employer then later resigned because she felt her concerns were not being properly addressed. The employer spoke to the man involved and he admitted that he may have acted…
Contempt of Court and Divorce
Sanctions for contempt of court can even include jail time as one wealthy divorcee has recently found to the cost of his liberty. Contempt of court in divorce proceedings can arise if there is any interference with the administration of justice such as a violation of or non-compliance with a court order, disruption of the…
Company stops former employee soliciting its clients
The case involved an employee who had been a senior manager and associate director of the company. In October 2012, he was told that he was no longer a senior manager but could continue as an associate director. He would keep his salary and receive an enhanced employer pension contribution rate of 4%. He found…
Understanding Commercial Property Leases
Given the ongoing relationship of landlord and tenant, it is also important that both parties are satisfied with the final agreement. The advice of experienced commercial property solicitors is essential, particularly for long-term or extensive leases which may require detailed investigations and legal searches to be carried out. Key Considerations in Commercial Property Leases Although…
Separating Couples: How to maximise your income upon separation
For those going through a divorce or separation it feels like the world has temporarily ended. As well as worrying about what’s going to happen to the house, where you’re going to live and who the children are going to live with, often one of the most worrying things can be how you’re going to…
Divorce settlement acknowledges husband’s extra contribution
The issue arose in a recent case before the High Court. The husband had founded a successful company in the early years of the marriage. Both husband and wife had made a substantial loan to the business and were both receiving repayments at the time of the divorce. The shares in the company were worth…
Prime Minister becomes a ‘Dementia Friend’
The initiative is being promoted by the Alzheimer’s Society, the Department of Health and the Office for Civil Society. The number of dementia sufferers in the UK is set to double in the next 30 years. As well as health issues for sufferers, there are also practical matters relating to how their financial and business…
Man awarded £2,750 after getting food poisoning at hotel
After the meal he started to suffer from diarrhoea and vomiting. It took him two weeks to recover from the illness and he was weak for a further seven days afterwards. A total of 90 people who had been at the charity dinner suffered the same symptoms. The man was self-employed and was unable to…
Separating parents: What are your options?
Imagine therefore, what those parents who are separating have to deal with in addition. They, of course, never imagined when they had children that a separation or divorce would be on the cards. The future looks bleak and most have no idea what to do or how they should deal with the situation. Whilst it…
SMEs struggling with cash flow and using up reserves
The British challenger bank, Aldermore, surveyed 300 SMEs and found that 38% are depending on cash reserves to fund future development. A further 12% said they will turn to a bank loan, and 9% to an overdraft. The remainder planned to use other forms of finance or were not planning to fund any future growth…
Homeowner compensated after house purchase falls through
The buyer had argued that forfeiting his deposit should be adequate compensation, but the Court of Appeal disagreed. The case involved a buyer who agreed to purchase a house and complete by 30 June, 2008. He failed to do so. The seller put the property back on the market but was unable to find another…
Family Mediation, Not marriage guidance
Family mediation is a voluntary process and the mediator is completely impartial. The role of the mediator is to help the couple to reach an agreement without the need for court proceedings. The mediator will not make any judgements about the situation or make decisions, they are there to explore the options and help the…
Confusion over IT contract renewal proves costly
Failure to do so can prove costly, as demonstrated in a recent case before the High Court. It involved an IT company and a bank that had entered into an agreement. There was a clause stating that the agreement would renew automatically for a period of three years on each anniversary of the renewal date…
The D Word: What are your options?
For many people this comes completely out of the blue and the news that their marriage is at an end is absolutely devastating. They haven’t a clue what to do next and the thought of separating from their spouse is terrifying. They have often also heard horror stories about how expensive and acrimonious a divorce…
Budget offers two schemes to help homebuyers
The measures were announced in the Budget. The first scheme is called Help to Buy: equity loan, and applies to new build properties only. It expands the existing First Buy scheme and is now available to everyone, not just those buying their first home. To qualify you will need a minimum deposit of 5%. The…