Berry Smith success for tenants in landmark case against Welsh housing association

A group of 14 leaseholders in Cwmbran have won an important legal battle to stop their landlord, Bron Afon Community Housing, from charging them for work the Housing Association did to their property.  The works, which the leaseholders said were unnecessary and excessively expensive, were carried out to Monmouth House in Cwmbran town centre.

 

Consultant’s success fee not dependent on proving success

A public company has been ordered to pay a consultant a commission fee, despite there being no evidence that he contributed to the success of a special business project.

In January 2013, one of the company’s shareholders had publicly criticised the board and ordered a meeting with the intention of ousting the chairman.

The company hired a consultant to oversee the discussions. His brief was to end the shareholder’s campaign and resolve the situation by reducing his shares to less than 5%.

Landlord ‘not justified’ in evicting dentist for late payments

A dentist who was evicted for being late with his rent has won a legal dispute with his landlord.

The court ruled that the late payments did not amount to a repudiatory breach of contract and so the eviction was not justified.

The dentist had a contract with the NHS which paid him on a monthly basis in advance of treating a set number of patients. The dentist paid his landlord half this money for the use of the premises.

If in any given month the NHS didn’t send enough patients, the dentist would return the excess amount paid to him.

SMEs wait average of 71 days for invoice payment

Figures released by the Asset Based Finance Association (ABFA) have revealed that small businesses are forced to wait longer than large businesses to receive payment.

Businesses with turnovers of less than £1m wait an average of 71 days for payment. That is 23 days more than businesses with turnovers of £500m and above, who wait an average of 48 days.

Many SMEs struggled during the recession as large companies took advantage of their strength by lengthening the amount of time they took to complete payments.

Flexible working rules extend to all employees

All employees can now request flexible working hours and the right to work from home.

Employers are obliged to take the request into consideration, although they can turn it down for a number of specified reasons.

Previously, the right had only been available to carers and people who look after children. As of 30 June, employees of any size business have the same right. It means 20 million more workers can now benefit.

The Department for Business, Innovation and Skills announced that there will only be eight reasons for an employer not to grant the request:

Flexible working rules extend to all employees

All employees can now request flexible working hours and the right to work from home.

Employers are obliged to take the request into consideration, although they can turn it down for a number of specified reasons.

Previously, the right had only been available to carers and people who look after children. As of 30 June, employees of any size business have the same right. It means 20 million more workers can now benefit.

The Department for Business, Innovation and Skills announced that there will only be eight reasons for an employer not to grant the request:

Company director unfairly excluded after attempted love affair

A court has ruled that a director who tried to start an affair with his business partner’s wife was unfairly excluded from the management of a company in which he held shares.

The case involved two men who had been close friends and operated their business as a quasi-partnership.

Things turned sour when the director started sending suggestive texts and making phone calls to his partner's wife.

Consultation of Civil Partnerships concluded

The consultation by the Government on Civil Partnerships, required by s.15 of the Marriage (Same Sex Couples) Act 2013 has now been published.

The report concluded that there was not, at present, a united call for change to Civil Partnerships and therefore no steps would be taken to disband them, or to extend them to opposite-sex couples.

New Child Maintenance regulations have come into force

On 30th June 2014 new Child Maintenance regulations came into force in England and Wales. Under these new regulations new applications for child maintenance will be assessed on the other parent’s gross income with the maintenance, generally, being payable at 12% for one child,  16% for two, an 19% for three or more. Where parents have an equal living arrangement neither parent can now make an application for child maintenance.

Court settles family dispute over a flat and a grandmother’s will

A grandmother’s will, which led to a family dispute over the ownership of her flat, has been upheld by the High Court. 

The grandmother had originally intended to leave the flat to her daughter and granddaughter and had written this into her will.

When she was 90 years old, she moved in with them because her eyesight and health had deteriorated, although she could still cope mentally. However, tensions arose between the three of them so she moved back to her flat.

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