News

Force Majeure Clauses

23 May 2024

A recent Supreme Court judgement, RTI Ltd v MUR Shipping BV, has highlighted the importance of certainty in commercial contractual terms. It was unanimously ruled that, while a force majeure clause can only be relied upon if a party has taken reasonable steps to avoid the effect of the force majeure event, these reasonable steps […]

PART 36, ACTUALLY

16 May 2024

As Hugh Grant has recently discovered, a Part 36 offer is a powerful tool in the world of litigation / dispute resolution, after opting to accept such an offer to settle his claim against News Group Newspapers (NGN).  Jane Rees, Associate of Berry Smith LLP, considers the tactical move made by NGN’s lawyers and the […]

Berry Smith’s Dispute Resolution department celebrates a record year, further strengthened with the addition of several new fee earners.    

8 May 2024

Patrick Howarth joins from Ruben Lewis and O’Brien, at which he was a partner and head of the firm’s litigation team, and Hannah Davies joins as a solicitor, whilst Solicitor Antony Gibbons is promoted to Associate in the Construction Team and Polly Miller has been promoted to Claims Manager.  The promotion and recruitment of an […]

Berry Smith Lawyers continues to strengthen its teams with a range of promotions

7 May 2024

Leading independent Welsh law firm, Berry Smith, has further strengthened its teams with six significant promotions. Dan Dowen has been promoted to Partner in its Commercial team, Ellen Lewis to Associate in the Corporate department, Antony Gibbons to Associate and Keira Anne Dowsell to Solicitor in Dispute Resolution and Conor Lynn to Associate and Alex […]

Another busy week in Adjudication Enforcement!

2 May 2024

The recent fertility of adjudication enforcement case law has continued in the past week. We have seen a useful reminder of the principles for using the Part 8 procedure to prevent adjudication enforcement in TClarke v Bell Build (a very concise judgment which you can read here) and a lesser seen example of non-enforcement of […]

Mental Health in the Workplace – Time for Change

30 April 2024

The week of 13th to 19th May 2024 is Mental Health Awareness week. The last few years have been challenging for most people, impacting the mental health of millions of people worldwide. Despite the significant improvements in mental health awareness over recent years, our experience is that dealing with mental health concerns amongst the workforce […]

Annual Leave: FAQs

30 April 2024

As we approach the summer months, employers may be receiving a higher number of annual leave requests than usual. With that in mind, this article considers some frequently asked questions regarding holiday entitlement in the workplace. How much annual leave are staff entitled to?  Most workers (with some limited exceptions) have a statutory right to […]

Is it over now?  Why a Default or Summary Judgment isn’t always the end of the road 

23 April 2024

Obtaining an early judgment in your favour following a defendant’s failure to either adequately respond to a claim or indeed respond at all, is what many claimants would (understandably) cite as their ‘ideal’ outcome or best case scenario when they set out to commence litigation. Whether it be a breach of contract argument with a […]

Berry Smith has again been shortlisted for Property Law Firm of The Year – for the eighth consecutive year.

22 April 2024

Berry Smith’s Commercial Property team has once again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which will take place on Thursday 13 June 2024 at the Coal Exchange in Cardiff. Berry Smith Lawyers is a well-established, Cardiff based, law firm comprising 11 partners and approximately 80 staff […]

Good luck to Team Berry Smith

16 April 2024

The Berry Smith FC team are descending on Leeds for the @BusinessFives National Football Finals. Following a victorious regional event in Cardiff, the mixed team are hoping to add some more silverware to the trophy cabinet.  Aside from aiming for success on the pitch, the team are proud to support @WalesAirAmbulanceCharity and are wishing to […]

Online Consumer Contracts – Are online terms and conditions incorporated into a contract?

9 April 2024

As we are living in an increasingly digital era, online shopping has become the norm meaning that businesses have to take care to ensure that their standard terms and conditions are brought to their customer’s attention sufficiently. Ensuring that terms and conditions are effectively incorporated into a contract of sale without impeding the ease and […]

Tesco loses appeal in branding battle with Lidl

9 April 2024

Avid readers of the Seasonal Berry Smith Commercial Newsletter may recall the ongoing dispute between supermarket giants Tesco and Lidl which we last covered in 2023. You can read about it HERE Previously, High Court Judge Joanna Smith concluded that Tesco’s use of the same yellow and blue colour scheme for their Clubcard Prices signage infringed […]

Brexit Import Charges Brings Inflation Fear

9 April 2024

Food inflation has fallen within the past year, with it reaching 5% in February following a high of almost 20% in March of last year.  However, the introduction of post-Brexit border checks which has been delayed several times over fears they could fuel inflation, have begun to be introduced from the start of this year. Food […]

Berry Smith advises on acquisition of A & N Lewis for Cardo Group Limited

8 April 2024

Berry Smith are delighted to have advised valued client, Cardo Group Limited through another acquisition process following on from their acquisition hat-trick last year.  South Wales based A&N Lewis was founded over 30 years ago and are Cardo Group’s latest acquisition in the construction industry due to their strong shared values. The acquisition will bolster […]

Cross-enforcement of two adjudications in the Technology & Construction Courts

3 April 2024

Berry Smith LLP have successfully acted for the Claimant in the cross-enforcement of two separate adjudications: Wordsworth Construction Management Ltd -v- Inivos Ltd t/a Health Spaces [2024] EWHC 617 (TCC) In an unusual move, the Court has ordered that the decisions made in two separate adjudications (arising under the same construction contract) should be set […]

New Carer’s Leave Regulations

27 March 2024

On 6th April 2024, the new Carer’s Leave Regulations come into force. The Regulations will give employees a right to take up to one week of statutory unpaid carer’s leave within a 12 month period to care for or to arrange care for dependants with long-term care requirements. In order to be eligible for carer’s leave […]

New Protection from Redundancy Rights

27 March 2024

On 8th March 2024, the new Paternity Leave (Amendment) Regulations come into force. The Regulations will change the way paternity leave is dealt with, particularly in relation to the require On 6th April 2024, the new Protection from Redundancy (Pregnancy and Family Leave) Act (the “Act”) comes into force. The Act serves to provide further protection […]

Adjudication Enforcement and Genuine Attempts to Settle

19 March 2024

In Sleaford Building Services Limited v Isoplus Piping Systems Limited, a dispute between the parties had been referred to adjudication at which it was found that Sleaford should pay Isoplus £323,502.32. Following the passing of the deadline for payment, and being on notice that Sleaford would contest the decision, Isoplus made an offer to settle […]

Berry Smith – Champions of Cardiff at Business Fives event

15 March 2024

After a long break away from the world of football, a team from #Berry Smith returned to the pitch at the Business Fives Cardiff tournament. Alongside competing against and networking with fellow Cardiff based companies, @Business Fives provides the opportunity to raise and win some well-deserved money for various charitable causes. After an afternoon of […]

Instant Win Lotto player won £10 not £1m,  Court of Appeal Rules

14 March 2024

Lauren Parsons, Senior Associate at Berry Smith, considers the recent ruling in Parker-Grennan -v- Camelot UK Lotteries Ltd EWCA Civ 185. Background In 2023 Mrs Parker-Grennan claimed against Camelot in relation to an Instant Win Game she had played on the National Lottery website. The game gave players a chance to win between £5 and […]

Apple Breaches EU Law

6 March 2024

Apple has been fined a penalty of over £1.5bn by Brussels as a result of breaching competition laws. The fine has come following an investigation which found that Apple had purposely limited competition from music streaming services such as Spotify. Originally, the penalty was forecasted to be four times less than the final figure, leading […]

New Paternity Leave Regulations

5 March 2024

On 8th March 2024, the new Paternity Leave (Amendment) Regulations come into force. The Regulations will change the way paternity leave is dealt with, particularly in relation to the requirements regarding notice and evidence. It will also make changes to the period within which paternity leave must be taken and the requirement to take paternity […]

New menopause in the workplace guidance

5 March 2024

On 22nd February 2024, the Equality and Human Rights Commission published their first guidance on menopause in the workplace. Whilst the guidance does not constitute a change in the law, it does provide employers with clarification of protections under existing law which may apply to workers who are experiencing menopausal symptoms. Workers are already protected […]

Brexit: Exhaustion of IP Rights

27 February 2024

Following the referendum which took place in June 2016, the United Kingdom withdrew from the European Union. The UK’s departure has had a profound impact on cross-border trade in numerous ways. One aspect which has received less media attention, yet has had significant implications, is the changes to the law regarding parallel imports and exhaustion […]

View From The Top

22 February 2024

On 1 February 2023, the landmark judgment of the Supreme Court in the case of Fearn & Others v The Board of Trustees of the Tate found that the Tate Gallery’s viewing platform constitutes a legal nuisance.  Jane Rees, Associate at Berry Smith LLP, considers how this ruling could influence future claims in nuisance.   […]

New Regime for Subscription Contracts

15 February 2024

The concept of subscription contracts is not new; in fact these types of contracts are increasingly common and well-known across a range of industries. From gym memberships to Netflix, subscription contracts are common place in many aspects of our life. It is therefore not surprising that the Digital Markets, Competition and Consumer Bill (DMCC Bill), […]

The Landscape for Adjudication Enforcement and Resistance

12 February 2024

As a supposed alternative to litigation, Adjudication has consumed a lot of Court time recently.  The theme continues to be that the parties should “pay now and argue later” when it comes to Adjudication awards in one party’s favour. In other words, it is likely that the Court will uphold and enforce the decision of […]

Managing Sickness Absence

30 January 2024

Employers and workers in the UK will be anticipating an increase in seasonal colds and flu at this time of the year, due to the cold weather. Sickness absence can be costly to employers, but also concerning for employees that need to take time off. Supporting employees and effectively managing sickness absence could help employers […]

National Minimum Wage Increase

30 January 2024

On 21 November 2023, the Government announced that it had accepted the Low Pay Commission’s recommendations on minimum wage rates to apply from 1 April 2024. This is the largest ever increase to the minimum wage in cash terms. From 1 April 2024, the national living wage will be extended from workers aged 23 and […]

Berry Smith has advised Huw Jenkins on his majority takeover of Newport County AFC

26 January 2024

Mr Jenkins has acquired 52 per cent of the club from the Newport AFC Supporters Trust after a new ownership model was approved in September 2023 and sanctioned by the EFL. Paul Evans, Corporate Partner, led the team at Berry Smith which acted on the transaction. The takeover means that Mr Jenkins will not only […]

Can they stay or must they go?

25 January 2024

Some of the lesser-known implications of the Renting Homes (Wales) Act 2016 – for both Landlords and Tenants, in the event of a contract-holder’s death. A year on from the eventual introduction of the long-awaited RHW Act 2016 last December, there has been significant discussion amongst practitioners, agents, landlords and tenants alike regarding some of […]

The Bank of Mum and Dad – How to get family help buying your home.

19 January 2024

First time buyers can experience significant challenges getting started on the property ladder. Increasing house prices coupled with rising living costs and rental expenses can make it seem impossible to save for a deposit. Turning to family, not just Mum and Dad but also siblings or Grandparents, to help fund part of a deposit is […]

I have asked to be an executor…. should I accept this role?

19 January 2024

To be asked to act as someone’s executor, is, you would think, a great compliment. You are trusted to accept and to carry out the duties associated with the role proficiently. However, it can also be a burdensome and prolonged process, especially when you are grieving a loss. What is an executor? An executor (also […]

The Importance of Challenging Expert Evidence

9 January 2024

Cerys Laskey, a solicitor at Berry Smith, considers the serious implications of failing to challenge the opposing party’s evidence in Court proceedings. The Supreme Court has recently handed down its much-awaited judgment in the case of Griffiths v TUI [2023] UKSC 48.  The dispute arose after Mr Griffiths contracted a serious stomach illness whilst on […]

Why you should ensure a Lease is Registered

2 January 2024

Lauren Parsons, Senior Associate at Berry Smith, considers the importance of registering a lease.  Since the Land Registration Act 2002 came into force on 13 October 2003 it is compulsory to register a lease at Her Majesty’s Land Registry (‘HMLR’) if the term of the lease is over seven years. The responsibility to register the […]

The Court does now have power to order a stay of litigation for parties to attempt settlement

19 December 2023

In the most significant case regarding the relationship of the courts and out of court dispute resolution processes for almost 20 years, the Court of Appeal recently handed down a significant decision.     Until now, the seminal case on the topic was Halsey v Milton Keynes General NHS (2004) which established that the Court could […]

Key Tips For Your Commercial Contracts in 2024

14 December 2023

Smooth commercial transactions are essential for the success of any company, regardless of size. Small businesses and large corporations alike rely on having robust, carefully drafted commercial contracts in order to facilitate successful commercial relationships. As we enter a new year, the importance of these contractual arrangements in a fast-paced commercial landscape cannot be overstated. […]

The Impact of Artificial Intelligence on IP law

12 December 2023

Artificial Intelligence (AI) is revolutionising the way we interact with technology and the internet. It is a rapidly evolving technology that tries to simulate human intelligence using machines, enabling them to perform a wide range of tasks. Due to advancements at unprecedented pace, the resulting creations by the work of AI are raising questions in […]

Consumer Rights and Your Commercial Contracts

12 December 2023

As the new year approaches, many businesses begin thinking about updating and amending their standard terms and conditions (and here at Berry Smith we recommend regular reviews) and are considering the key areas that may be of particular concern in the coming year. For example, in an attempt to tackle rising costs, we suggest businesses […]

Fixed Recoverable Costs Regime now in force

6 December 2023

A new fixed recoverable costs regime came into force on 1 October 2023 which will have substantial impact on all civil cases issued in Court after that date for a value between £10,000 – £100,000.   The new rules fix the costs which a ‘winning’ party in litigation may recover from the losing party. There […]

Worker Protection (Amendment of Equality Act 2010) Act 2023

29 November 2023

With the festivities in full swing, the aftermath of the office party can be open season for employment claims. Complaints of harassment are likely to be the first on the list in the sober light of day, with sexual harassment being the main contender. Recently the Worker Protection (Amendment of Equality Act 2010) Bill has received […]

Retained EU Employment Law – The Government’s Response

29 November 2023

The Government has recently published its response to the consultation on ‘Retained EU Employment Law’, and to the consultation requirements under TUPE. It has also responded to the earlier consultation on calculating annual leave entitlement for part-year and irregular hour workers following the Supreme Court’s decision in Harpur Trust v Brazel. Working time record-keeping obligations […]

The Importance of Delivery: Royal Mail Fined for Missing Targets

23 November 2023

Ofcom, the industry regulator for the Royal Mail has fined them £5.6 million for missing delivery targets. Under the rules dictated by the regulator, Royal Mail is required to deliver 93% of first class mail within one working day and 98.5% of second class mail within three working days. However, during the 2022-23 financial year, […]

Berry Smith is delighted to have advised the shareholders of PWIDF Ltd on their sale to Premier Forest Products

16 November 2023

PWIDF Ltd is a Newport based specialist door manufacturer, locally renowned for quality and craftmanship. The company was founded by Paul White in 1996 and has since developed a strong reputation within the market due to the precision and high calibre of their fully compliant fire doors. Alongside the manufacture of bespoke fire doors, PWIDF […]

Protecting Small Businesses: UK Government to Tackle Late Payments

15 November 2023

In February 2023, the UK Government announced that they were reviewing the current payment practice regime as it is due to expire next April. The review, titled the ‘Prompt Payment and Cashflow Review’, includes focus on how successfully the current regulation was performing in relation to late payment and to determine whether it required extending […]

Berry Smith Employment Department nominated for Employment Team of the Year

15 November 2023

We are thrilled to share that Berry Smith’s Employment and HR team has been shortlisted for the 2023 Wales Legal Awards in the ‘Employment Team of the Year’ category. The Employment and HR team is headed by Sarah Alford, Employment Partner, and made up of three other experienced, specialist employment lawyers, Michael Shutt, Caitlin Rees […]

New UK-US Data Bridge Given The Green Light

31 October 2023

As of 12th October 2023, transferring personal data from the United Kingdom to the United States became simpler, due to the introduction of a new UK-US data bridge under the UK Extension to the EU-US Data Privacy Framework (DPF). The introduction of the UK-US data bridge allows personal data to be transferred to the US […]

Access to Work

31 October 2023

Access to Work is a government programme aimed at supporting individuals who have a physical or mental health condition or disability to take up or remain in work. To be eligible for Access to Work, the individual must: The support the employee receives will depend on their needs. Access to Work support covers a wide […]

Remote and Hybrid Working Considerations

31 October 2023

Following the outbreak of the Coronavirus pandemic, the hybrid system of working became more popular. A number of workers are now able to work in the office, at home or in some cases even from abroad. It is currently estimated that around 78% of companies allow a form of hybrid working, according to data from […]

Berry Smith again features prominently in leading guides to legal profession

31 October 2023

Berry Smith has again featured prominently in the publication of the two leading annual independent guides to the legal profession in England and Wales. In the recently published editions of both the Legal 500 and the Chambers & Partners guides, the firm is listed highly for Corporate and Commercial, Dispute Resolution, Commercial Property, Employment & […]

Wagatha Christie: The Importance of Registering Your Trade Mark 

5 October 2023

In 2019, Coleen Rooney publicly accused Rebekah Vardy of leaking posts from her private social media account to the British newspaper, ‘The Sun’. Vardy responded with a lawsuit against Rooney, suing her for libel in a case that would be colloquially labelled as ‘Wagatha Christie’. Due to their relationships with famous British footballers, the name […]

Updated ET1 and ET3 Forms

28 September 2023

In the ongoing efforts to enhance the Employment Tribunal process, His Majesty’s Courts and Tribunals Service (HMCTS) introduced updated versions of the ET1 and ET3 forms on 3rd August 2023. The ET1 and ET3 forms are the proscribed forms which must be used in order to commence and defend a claim in the Employment Tribunal. Certain information must be […]

TUPE and Share Incentive Plans

28 September 2023

There has been a recent case at the Inner House of the Court of Session (the Scottish equivalent of the Court of Appeal) which held that the benefit of a non-contractual share incentive plan transfers under the Transfer of Undertakings (Protection of Employment) Regulation 2006 (“TUPE”). This decision confirms that TUPE can cover share scheme […]

Creating Mentally Healthy Workplaces Wales Conference

28 September 2023

Berry Smith Lawyers is pleased to support the Senedd Insight’s Creating Healthy Workplaces Wales conference, where Caitlin Rees, an Associate in the Employment & HR department, has been invited to speak at the event. Caitlin said I am really looking forward to speaking at the Senedd Insight’s Creating Mentally Healthy Workplaces Wales Conference on Thursday 19 […]

Berry Smith secures acquisitions hat-trick for Cardo Group Limited

21 September 2023

Berry Smith is delighted to have guided valued client, Cardo Group Limited through a double acquisition process. Cardo is making ripples in the industry, with their double acquisition of Osborne Property Services Limited and Jefferies Contractors Limited in quick succession; their third acquisition process facilitated by the Berry Smith legal team in four months. South-east […]

Shared Parental Leave: FAQs

31 August 2023

Shared Parental Leave (SPL) is a scheme that provides an entitlement for eligible employees to take leave from work in the first year after a child’s birth or the placement of a child with them for adoption. The government has published two sets of useful guidance for employers, details of which can be found by […]

Maternity Leave: FAQs

31 August 2023

We regularly receive questions from employers that are worried about falling foul of the laws relating to maternity leave. In this article we answer some of those questions, in an effort to help navigate employers through this heavily legislated area. Does an employee have the right to return to the same job after their maternity […]

The Electronic Trade Documents Act – What you should know

22 August 2023

The highly anticipated Electronic Trade Documents Act (ETDA) received Royal Assent on the 20th July 2023, the final step necessary for the bill to become an Act of Parliament. The ETDA will apply to both large businesses and SMEs in the UK as it innovates international trading. The Act aims to modernise and overhaul outdated […]

Berry Smith Celebrates Dealmaker Nominations

18 August 2023

This week, Berry Smith’s corporate team is once again celebrating the success of being shortlisted for the Wales Dealmakers Awards. The Wales Dealmakers Awards 2023 will be held at the Mercure Holland House Hotel in Cardiff on the 28th September 2023. The evening will celebrate the successes of the corporate finance scene in Wales by […]

Contract Confusion – are your contracts still fit for purpose?

17 August 2023

It is fairly obvious that having robust commercial contracts in place is essential for a company’s success. With this in mind, business owners spend hours drafting and negotiating their contracts before putting them to use. Unfortunately, for many business owners this is where the job ends and commercial contracts remain in use for extended periods […]

What Should Your Privacy Notice Look Like?

15 August 2023

The UK General Data Protection Regulation (GDPR) states that data controllers must provide certain information to people whose information (personal data) they hold and use. A privacy notice is one way of providing this information. A privacy notice should identify who the data controller is and provide contact details for its Data Protection Manager, or […]

The introduction of compulsory mediation in Small Claims Track cases

8 August 2023

The Ministry of Justice (MoJ) has issued its response to a consultation carried out in 2022 regarding the extension of the use of mediation within the civil justice system. The response sets out firm plans as to the way forwards, and indicates future developments that may be on the way for higher value cases. In […]

The Employment Relations (Flexible Working) Act 2023

2 August 2023

You may be aware that the Government have discussed changes to flexible working over the past couple of years. The Bill has now completed its passage through Parliament and will become law. The new Act will make a number of changes to current rules around flexible working. In particular, the new changes will be: Despite […]

Mental Health in the Workplace

2 August 2023

According to an article in the Times Newspaper on 28th July 23, more than one million people are off work with depression, stress or anxiety. Of a record 2.5 million classed as long term sick – up more than 400,000 since 2019 – the Office for National Statistics found that more than half (1.35 million) […]

Could Emoji Signatures get the Thumbs Up?

25 July 2023

We are all aware that we are living in an increasingly digital age. From social media to digital streaming, it is clear that digital technology plays an ever important role in our lives. In fact, a 2022 screen time report found that the average non-work related screen time among UK adults is 5 hours per […]

New Bills receive Royal Assent

5 July 2023

On 24th May 2023, three new Private Members’ Bills received royal assent. These Bills will give greater protection to parents and unpaid carers. Whilst the Government has not yet announced when these Bills will be in force, they will be coming into force shortly and this will affect all employers.The three new bills are the […]

Key Tips to Navigating Commercial Contracts in 2023

27 June 2023

Businesses continue to face economic uncertainty in 2023, with double-digit inflation and elevated interest rates significantly constraining consumer spending. In this article, we hope to set out some key tips to consider when facing negotiations in the pre-contract stage to help ensure your business remains flexible and protected. Price Review It is vital to keep […]

Berry Smith Supports Axol Bioscience in Fight Against Alzheimer’s.

14 June 2023

Axol Bioscience and StrataStem have teamed up in the fight against Alzheimer’s Disease. Axol Bioscience are a stem cell technology provider specialising in induced pluripotent stem cell (iPSC) technology for disease research and drug discovery. Among several capabilities (including gene editing, cell reprogramming and other custom lab services), Axol have developed an extensive cell line […]

Berry Smith is Delighted to have Advised LCB Group in its Equity Investment Process

13 June 2023

Berry Smith is delighted to have guided and advised the existing shareholders of LCB Group Holdings Limited through an equity investment process with Buckthorn Partners. The deal pairs leading Welsh social housing contractor LCB and a top UK investment business, with the aim of creating a leading UK wide operation. The newly formed Cardo Group […]

Meta – Data Mishap: Facebook Owner Fined £1bn for Mishandling Data

6 June 2023

The owner of Facebook, Meta, has been fined €1.2bn (£1bn) for mishandling people’s data when transferring it between Europe and the US. The Irish Data Protection Commission (DPC) recently published its decision and issued a press release concerning the transfer of Facebook users’ personal data from Meta in the EU / EEA to Meta’s head […]

Menopause in the workplace in 2023 and beyond

2 June 2023

Why it makes commercial sense for employers and HR teams to take action. Berry Smith’s Employment and HR Team is joined by Dr Laila Kaikavoosi (a leading expert in the field of menopause). Date: Thursday 22nd June 2023         Time: 11a.m. – 12 Noon Venue:  The session will be hosted via an online platform – Zoom. […]

Love Bombing in Relationships: Recognizing this Coercive Control Tactic

30 May 2023

The Crown Prosecution Service (CPS) has recently updated its guidance, officially recognizing ‘love bombing’ as a tactic used in relationships to try and exert control over their partner. This marks an important step in recognising, and addressing, developing forms of coercive and controlling behaviour and ensuring their professionals are suitably equipped to respond effectively to […]

Brexit – Employment Law Changes

30 May 2023

The Government has recently announced their intention to make some changes to the UK’s employment laws as a result of Brexit. These include changes to TUPE Regulations for small businesses, limiting non-compete clauses to three months and removing reporting requirements from the Working Time Regulations 1998, as well as making a u-turn on the planned […]

Mental Health in the Workplace – how organisations can support their employees

30 May 2023

Mental Health Awareness Week took place earlier this month from 15th – 21st May. This year’s focus was anxiety, aimed to help raise awareness and understanding of the difference between anxiety and anxiety disorders. Mental Health UK report that one in ten people (10%) tackle the challenges of living with an anxiety disorder at any […]

Berry Smith has represented the shareholders of Cansford Laboratories Limited in their sale to the Phenna Group

24 May 2023

Berry Smith are delighted to have represented the shareholders of Cansford Laboratories Limited in their sale to the Phenna Group. The private equity backed deal will amplify Cansford’s future growth plans and cements their position as a market leader in drug and alcohol testing services. Cansford Laboratories was set up in 2010 and has developed […]

Berry Smith Celebrates Welsh Law Awards Win

23 May 2023

Berry Smith celebrated victory at the Welsh Law Awards 2023, as the employment team won ‘Employment Law Services of the Year’. The award recognises the outstanding client care the team offers to their large list of clients, as well as the innovative approach taken by those in the team. Sarah Alford, Employment Partner, commented, ‘The […]

Not So Perky Pig: Dessert parlour changes name at request of M&S

18 May 2023

Trade marks are badges of origin and can be any word, phrase, symbol, design, or any combination of these that identifies goods or services. They are how customers recognise a certain brand in the marketplace and distinguish them from their competitors. The importance of individual brand identity was highlighted in a recent letter sent by […]

For the seventh consecutive year, Berry Smith has been shortlisted for Property Law Firm of The Year

17 May 2023

Berry Smith’s Commercial Property team has once again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which will take place on Thursday 15 June 2023 at Cardiff City Hall. The Commercial Property team is headed by two leading individuals, partners Martin Pursall and Chris Jones who are both […]

Tesco Goes Stationery Shopping

16 May 2023

Tesco has purchased the brand and intellectual property of the renowned and international stationery supplier Paperchase. Establishing itself in the United Kingdom, Paperchase expanded by opening stores in Europe, the United States, and the United Arab Emirates, reaching a total of 106 stores worldwide. However, Tesco have not opted to save these physical stores, deciding […]

The Biggest Trade Deal Since Brexit – UK joins major Asia-Pacific Free Trade Bloc

11 May 2023

On the 31st March 2023, after nearly two years of negotiations, the Prime Minister announced that the UK will join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP is a vast free trade pact established in 2018 between 11 countries spanning the Indo-Pacific  and its members include Australia, Canada, Japan and New […]

Every Lidl Doesn’t Help

9 May 2023

All the way back in 2020, the prominent transnational German supermarket Lidl, known for its selection of high quality products at discounted prices, commenced a lawsuit against UK supermarket titans Tesco. Three years later, a long-awaited High Court ruling has secured victory for Lidl, with the Judge finding that Tesco has infringed their trade marks […]

Berry Smith Celebrating Triple Nominations at Welsh Law Awards

19 April 2023

This week, Berry Smith celebrates a triple nomination at the Welsh Law Awards, which will be held in May 2023. The awards, which are set to be hosted at the Hilton Hotel in Cardiff, will recognise and celebrate the achievements of the Welsh legal community, bringing together many of the outstanding lawyers and practices Wales […]

Berry Smith’s Breakfast Briefing

3 April 2023

We are delighted to invite you to Berry Smith’s breakfast briefing, hosted by the Employment & HR team The breakfast briefing provides an opportunity to meet and network with fellow attendees from a wide range of local businesses over a delicious breakfast buffet provided by Berry Smith. Speakers: The important details: Date – 20th April 2023 Time – 08:30 am […]

A reminder of the key changes in employment law in April 

3 April 2023

April is typically an important month in the employment law calendar. It is the month where many employment law changes take effect.  Below we set out the key changes. Increases to the UK National Minimum Wage and National Living Wage The Government has announced the rates of the National Living Wage (NLW) and National Minimum Wage […]

Stress Awareness Month 2023 

3 April 2023

With April being stress awareness month, we thought we would focus on how employers can help to alleviate stress in the workplace.  We have all experienced stress in some shape or form in our lives and many of us are all too aware of the debilitating effects that stress than cause. More so now than […]

The Arrival of the Unitary Patent

3 April 2023

After 10 years in the making, it would appear the biggest development in European patent law is finally upon us. The European Union’s ‘Unitary Patent Package’ legislation sees the creation of a single patent covering all participating EU member states. Alongside the Unitary Patent comes the creation of the dedicated Unified Patent Court (UPC) who […]

Berry Smith advises on sale of South Wales based Computerised & Digital Security Systems (CDS)

22 March 2023

Berry Smith are delighted to have advised the shareholders on the sale of South Wales based Computerised & Digital Security Systems (CDS) together with its group companies, Gem Security Services Limited and Blue Sky I -Tech Solutions Limited,  to Johnson Controls (JCI). Since 1985, CDS has been at the forefront of security system technology, design, […]

Berry Smith advises on sale of Mumbles-based café & restaurant Verdi’s to The Secret Hospitality Group

21 March 2023

Berry Smith are delighted to have advised the Moruzzi family on the sale of the popular Mumbles-based cafe & restaurant Verdi’s to The Secret Hospitality Group. For generations, the family-run Verdi’s café & restaurant based in Mumbles have served locals and tourists alike. They are renowned for their Italian coffees, ice-cream, cakes and authentic food. […]

Berry Smith raises over £8,500 for 2 local charities

17 March 2023

Throughout 2022, Berry Smith supported two amazing charities – Tenovus Cancer Care and Maggie’s Cardiff. The team took part in a number of fundraising events to raise as much as possible for each charity. Over the course of the year, our team held bake sales, a quiz night, a book swap shop as part of […]

Berry Smith are delighted to have advised the shareholders of Group SCS in the sale to Swedish-based Systemair AB.

16 March 2023

For over 30 years, Group SCS has offered bespoke and modular smoke control solutions as well as building energy management systems. Group SCS has worked on thousands of complex UK construction projects including high-rise residential buildings, hotels, schools and shopping centres. One of their recent notable projects was providing a new smoke ventilation system for […]

The Power of Limitation of Liability Clauses: Reducing Risk and Liability in Your Contract

7 March 2023

A Limitation of liability clause in a contract has the ability to limit or even exclude a party’s liability and certain types of loss. The parties to an agreement should consider the potential liabilities that may arise and then assess accordingly the limitations which may be appropriate and reasonable. A recent judgement confirmed the effectiveness […]

Neurodiversity in the workplace

7 March 2023

Neurodiversity is a fairly new term which applies to the different ways the brain can work and interpret information. It highlights that people naturally think about things differently. Recently there has been growing awareness of the benefits that an inclusive and neurodiverse workplace can have, with the growing thought that by allowing those who don’t […]

Ask the Lawyer: Collective Redundancies

7 March 2023

In the midst of the cost of living crisis, some businesses have had to make large-scale redundancies in order to ensure continued survival. In this article we have therefore addressed some frequently asked questions concerning collective redundancies. What is a collective redundancy? A collective redundancy is when an employer proposes to make 20 or more […]

Berry Smith is delighted to have advised on the transfer of a well known local nursery into employee ownership.

1 March 2023

The employees at Caerphilly based Abigail’s Day Nursery Limited have become new owners of the Company.  Abigail’s was jointly founded by Abigail Jones and her father, Michael Donovan, in 2013 and currently looks after 65 children. The nursery employs 25 members of staff. Recognising the critical role that their staff play in the nursery, owners […]

Berry Smith advises one of Wales’ market leaders in apprenticeship delivery on the transition to employee ownership.

22 February 2023

The staff of Talk Training Ltd, a market leader in the delivery of apprenticeships in Wales, have now become the owners of the entire share capital of the Company. Talk Training Ltd was incorporated in 1995 and was acquired by the former shareholders in 2007 as part of a management buyout.  Jonathan Hughes (Managing Director), […]

The Difference between Intermediaries and Commercial Agents

16 February 2023

The difference between being an intermediary and a commercial agent is important as it can affect the rights, obligations, and liabilities of parties involved in a contract. In a recent High Court case, the difference between intermediaries and commercial agents was put in the limelight. The judge highlighted it as a significant element in considering […]

Online Safety Bill – What does this mean for your business?

14 February 2023

It’s no secret that parliament has been rocked on many occasions over the last 12 months by a constant series of government upheavals and reorganisations, meaning that many high-profile bills have been left in limbo as they are passed between shifting government ministers. Despite this, the highly anticipated, and often controversial, Online Safety Bill has […]

New Year, New Terms?

7 February 2023

The start of a new year marks a fresh start when many of us are considering the changes we wish to make for the coming year. These are often lifestyle changes made with the intention of self-improvement, such as joining a gym or quitting smoking. But why stop there? The start of a new year […]

Berry Smith successfully win case against a national surveying company following the production of a negligent HomeBuyer Report.

1 February 2023

Mr Joe Guishard -v- Connells Survey & Valuation Limited Berry Smith is delighted to have acted on behalf of the Claimant, Mr Guishard, in his successful claim for professional negligence against the Defendant, Connells Survey & Valuation Limited, a national provider of residential property valuation and surveying services. Conduct of the claim has been led […]

Cost of Living – Options for Employers

31 January 2023

With the end of the current tax year approaching, many employers will likely start looking at conducting pay reviews and awarding bonuses shortly.  With the cost-of-living issues that are currently well publicised, employers may wish to also consider implementing further measures to assist their staff during this difficult time. While there is no obligation to […]