News

1 April 2014

A court has ruled that a landlord was within his rights to refuse to renew tenancies to shopkeepers who had pestered him with frivolous lawsuits. The issue arose because over several years, the shopkeepers had brought a total of 10 claims against the landlord saying that he had obstructed their rights of way and their […]

1 April 2014

An insurance company has won a legal dispute with a trade union over commission payments on the sale of its services to new customers. The case involved Unite the Union and Liverpool Victoria Banking Services. They had an agreement whereby Unite allowed Victoria access to its members in order to market and sell services to […]

1 April 2014

More than 100,000 people have used various government schemes to buy a home over the last four years. Households have taken advantage of schemes such as Right to Buy and Help to Buy. The Right to Buy scheme gives people who have lived in a council property for at least five years the right to […]

1 April 2014

A woman’s will has been declared invalid after a court ruled that it had been forged by her son. The woman originally made a will in 1999, stating that she intended to split her estate equally between her two children. The son claimed the mother made a new will while she was dying from cancer […]

1 April 2014

A coach firm has won a competition claim against an airport which abused its dominant position in the market for its own financial gain.  The coach firm had operated a transport service between the airport and London Victoria for 30 years. When the contract ran out the airport operator conducted a ‘tender’ process. The firm […]

1 April 2014

Ministers say children will be better protected and family disputes will be less stressful following changes to legislation relating to divorce and separation. The main changes are that separating couples will be obliged to attend mediation sessions to try to reach agreements regarding childcare and finances, before they can take their disputes to court. If […]

1 April 2014

Berry Smith acted for AIM listed EKF Diagnostics in its acquisition of two international diagnostic businesses for a combined purchase price that could rise to over £60m. The Penarth-headquartered company entered into a conditional agreement to buy US-based molecular diagnostics developer Selah Genomics for a sum up to £42.5m. The consideration will satisfied through a […]

12 March 2014

Changes to the TUPE regulations, which protect the interests of employees when a business is transferred to a new owner, have now come into effect. The changes mean that employers can now renegotiate terms and conditions with their staff one year after they have taken control of a company, provided that the overall offer is […]

12 March 2014

Setting up a simple trust relating to his mother‘s home has saved a man and his wife several thousand pounds in capital gains tax. The case involved a woman who sold her house in 1996 to her son and his wife on condition that she was allowed to continue living there for the rest of […]

12 March 2014

Marital agreements including pre-nups and post-nups could become legally binding without the need for court approval under a proposed new law. At present, such agreements are not legally binding although there has been a growing trend for courts to uphold them unless they are unfair to one side or the other. Now the Law Commission, […]

12 March 2014

Several police officers have won age discrimination claims after being forced to retire early. The five police forces responsible could now have to pay out millions of pounds in compensation. Test cases were brought on behalf of 250 officers. They lost their jobs under regulation A19, which allows forces to forcibly retire any officer under […]

12 March 2014

A court has ordered that two boys should live with their father because their mother was too permissive and acted “more like a friend than a parent”. The couple divorced in 2002 and the boys went to live with their mother. The father was entitled to contact at weekends, but was regularly denied this by […]

12 March 2014

The government has made it easier for people to build their own homes by cutting the Community Infrastructure Levy on self-built accommodation. Property developers have to pay a levy to local councils to help with the cost of the infrastructure needed to support the development. Some local councils charge £100 per square metre for residential […]

12 March 2014

A landlord company has won its appeal to be paid money owed by a commercial tenant which had gone into administration before completing the surrender of its lease. The case involved a retail group that leased several properties.  It got into financial difficulty and began proceedings to surrender the leases. Money was held in escrow […]

12 March 2014

The government is looking at ways to ensure that large businesses pay their suppliers on time. The Prompt Payment Code (PPC) was set up in 2008 to encourage companies to pay invoices within the agreed timescale. However, the PPC has been widely criticised for being ineffective. Recent research by YouGov revealed that 85% of small […]

12 March 2014

An engineering firm has lost its appeal against having to pay damages to an airline company. The case involved a breach of contract by the engineers. They had an agreement with the airline that they would service aircrafts at a specified hourly rate. However, the airline was not obliged to use the service. Over time, […]

12 March 2014

After many years building up a business, directors often worry about how to bow out successfully while ensuring that the firm continues to thrive.  The key to ensuring a smooth succession is to start planning as early as possible ahead of your target retirement date. The first step is to hold meetings with those who […]

27 February 2014

Small and medium-sized enterprises (SME) in the UK are failing to invoice their clients for up to £3.7billion a year, according to recent research. Even though businesses are battling through a difficult economic climate, 20% admit they have forgotten to invoice for work on at least one occasion. Of the 450 SMEs surveyed, 6% admitted […]

27 February 2014

The director of an insolvent company has been ordered to return money he paid to himself at a time when he knew the business was struggling and likely to fail. The case involved the director of a company specialising in waste management projects. The business got into financial difficulties and started to build up debts […]

27 February 2014

An installation company has won compensation from a firm of surveyors who were negligent when assessing the suitability of properties for cavity wall insulation. The installers won their case even though they had been negligent themselves. Employees of the surveying firm had inspected two timber-framed houses to determine whether they were suitable to have cavity […]

27 February 2014

A pharmaceutical company has failed to prevent two former employees setting up their own firm and competing for business from one of its main customers, the NHS. The issue arose when the company considered selling adrenaline pens but then decided not to go ahead. Two of its employees thought there was a market for the […]