News

1 August 2018

In the case of Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that when considering bad faith for the purposes of a victimisation claim under the Equality Act 2010, the primary focus should be on the employee’s honesty and not on their ulterior motive. The Equality Act 2010’s victimisation provisions […]

1 August 2018

In the case of Tarn v Hughes & Ors, yes it was. In this case, the Employment Appeal Tribunal (EAT) held that the Employment Tribunal’s order requiring the Claimant to limit her claims to the ten most serious and recent claims was perverse.   The Claimant, Dr Tarn, was a GP who brought various claims […]

1 August 2018

Breaking up can be hard to do, but Berry Smith Lawyers can help make it as stress-free as possible Q – My partner and I split up 13 years ago after buying a house together four years previously. I have continued to live here and have paid the mortgage ever since. I would like to […]

1 August 2018

If a landlord doesn’t want to carry out repairs on a commercial property unless he has a tenant waiting to move in, is he entitled to have the rateable value reduced? A recent case saw landlord Christopher Shaw appeal after a valuation tribunal refused to reduce the rateable value of one of his business units. […]

1 August 2018

In the case of Matei v Brooknight Guarding Limited, the Employment Appeal Tribunal (EAT) held that a Claimant engaged on a zero hours contract, and deployed to work for a third party, was an agency worker for the purposes of the Agency Workers Regulations 2010.  The Respondent is a security company which employs security guards […]

30 July 2018

Berry Smith welcomes you to its HR breakfast at our Cardiff Office   The session is aimed at HR professionals and managers with HR responsibilities and will be hosted by Rachel Duncan and Carys Strong, Solicitors in the Employment & HR team. Rachel and Carys will provide an overview of recent case law and legislation […]

27 July 2018

In this bulletin, the Berry Smith Healthcare team discusses the importance of a GP Practice having in place a Partnership Agreement along with the issues faced by a Practice having an outdated or badly drafted agreement. No Partnership Agreement Some Practices do not have a Partnership Agreement in place.  This lack of clarity and detail […]

26 July 2018

I regularly receive questions from employers that are worried about falling foul of the laws relating to maternity leave. In this article I 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 her maternity […]

25 July 2018

Berry Smith’s Property Litigation Team has recently represented a national property developer in the Court of Appeal, in a case which provides significant clarification on the nature of planning law for proposed retail developments in Wales. Our client proposed to develop a local motorway petrol station into a full roadside service area. However, in August […]

20 July 2018

So, after months of planning, researching the market and potential clients, you’ve established your brand name, your business doors are now open and you are ready to supply your goods and services to the world. The main thought on your mind is probably how long before you make a profit and, I would guess, that […]

18 July 2018

Our team of experts explains the ins and outs of wills and probate What is a will? A Will is a legal document which expresses what you would like to happen to your possessions and assets (commonly know as your estate) on your death. In addition to dealing with what you would like to happen […]

13 July 2018

UK Supreme Court confirms that No Oral Modification clauses are binding.  The Supreme Court recently ruled that clauses which limit a party’s ability to vary a contract, also known as “no oral modification clauses” (NOMs), are binding on the parties. Subsequently, it was held that a proposed oral variation to a contract was ineffective. In […]

4 July 2018

If your brand name or logo is important to you, consider trademark protection When starting up a new business there are so many things to think about, from deciding your legal entity to who provides the office stationary. The mammoth task of decision making required at this stage can be overwhelming and vital considerations can […]

1 July 2018

In the case of Gray v Mulberry, the Employment Appeal Tribunal (EAT) held that if a single employee holds a philosophical belief and is unable to establish a group disadvantage, then they cannot succeed in a claim of indirect discrimination. The employee, Ms Gray worked for Mulberry and was asked to sign an agreement which […]

1 July 2018

In the case of Mr A Haydar v Pennine Acute NHS Trust, the Court of Appeal held that the Employment Appeal Tribunal (EAT) had been right to refuse an extension of time to appeal where the Notice of Appeal had been lost in the post and the appellant had not chased it up promptly. Following […]

1 July 2018

The government has published its White Paper detailing the future relationship between the UK and the European Union following Brexit. On first glance it appears that EU employment laws are here to stay with the paper stating that “the UK proposes that the UK and the EU commit to the non-regression of labour standards” (see page 40, Section […]

1 July 2018

In Lancaster and Duke Ltd v Wileman, the EAT held that where an employee is summarily dismissed for gross misconduct, the employee’s statutory notice entitlement should not be added for the purpose of calculating an employee’s length of continuous service. The Claimant started her employment with the Respondent as a recruitment consultant on 22nd September […]

1 July 2018

The issue of Caste is incredibly complex and one that is difficult to define due to conflicting opinions as to its origin and its links to religion. In the most general sense, Caste systems typically divide people into a social hierarchy which is fixed from birth. Many of those assigned to a Caste have faced […]

1 July 2018

The Court of Appeal held in Royal Mencap Society v Blake, that care workers who were required to sleep at, or near, their workplace, and be available to work if required, were not actually working and were instead only available for work. Therefore, the workers were not entitled to be paid the National Minimum Wage […]

28 June 2018

Nothing can lift your mood like glorious sunshine. Except perhaps when you’re stuck in a hot office or factory on a boiling hot day. So, what does the law say on workplace temperature? Is there such a thing as it being ‘too hot to work’? Can staff wear what they want on hot days to […]

27 June 2018

Our experienced HR and Employment team can provide practical and straightforward training on a wide range of topics that are relevant to your business and staff. These training sessions are intended to be held in private with only people from your organisation present, allowing you to talk freely about issues affecting your business.  This can […]

21 June 2018

In light of the news that Barclays Bank has announced 200 job losses in Cardiff, our Employment Team has considered some of the frequently asked questions regarding large-scale redundancies. What is a collective redundancy? A collective redundancy is when an employer proposes to make 20 or more employees redundant within 90 days. What are the […]

15 June 2018

It is every girl’s dream to own a pair of Louboutin’s. However over recent months, for eminent shoe designer Christian Louboutin, the instantly recognisable design has been the subject of his worst nightmares. The iconic shoe design features a shiny red sole, which has grown to become the brand’s signature. Christian Louboutin created his first […]

15 June 2018

Berry Smith’s Commercial Property team has again been shortlisted for Property Law Firm of the Year at the Insider Wales Property Awards which are being held on Thursday 28th June at Cardiff City Hall. The Commercial Property team is led by partners Martin Pursall and Chris Jones plus consultant Roger Berry, all of whom are […]

13 June 2018

Q – I want to get divorced and don’t fancy the thought of all the paperwork. Is it possible to get a divorce online? A – Yes, and no. The Government is currently piloting an online system that allows anyone wishing to file for divorce/dissolution of a civil partnership to do so online. This system […]

12 June 2018

Katie McColgan, partner and head of the Family team at Berry Smith, looks at some of the most often asked questions about Pre-nuptial agreements Why should someone consider a pre-nuptial agreement? Whilst you should always enter into marriage prepared to emotionally and financially invest to make it work, this important step can provide peace of […]

12 June 2018

Q – I separated from my partner several years ago and have had great difficulty gaining access to my children. Eventually, I was able to obtain a court order setting out the times the children were to spend time with me, but my ex refuses to comply with it. The order says that my ex […]

12 June 2018

Q – Before I met, and later married, my husband of five years, I purchased my home (which I still own in my sole name). I have recently fallen out with my husband and, following a big argument, I asked him to leave. Several days later I agreed to a reconciliation; shortly after my husband […]

12 June 2018

Q – I am currently getting divorced from my husband after 20 years of marriage. Whilst I worked during the marriage, these were mostly secretarial/administrative roles with a low salary. In contrast my husband had his own company, which has been very successful and helped pay for our lifestyle and the home. We are currently […]

7 June 2018

Nearly 70,000 first-time buyers have benefited so far from the abolition of stamp duty on homes costing less than £300,000. The figures, released by the government, cover the period up to 31 March this year, at which date the stamp duty regime changed in Wales. The reliefs for first time buyers still apply in England but […]

6 June 2018

In Quintiles Commercial UK Ltd v Barongo, the Claimant was dismissed on notice for two acts of misconduct as he failed to complete a compliance online training course and failed to attend a compulsory training course. The Respondent took the view that the Claimant’s conduct amounted to gross misconduct initially and dismissed him on notice. […]

25 May 2018

Berry Smith has compiled a useful checklist for organisations to help them determine if they are compliant with GDPR. Are a Data Controller, Data Processor, both or don’t know? Have you carried out a data audit, documented the Personal Data you hold and are aware of:                The reasons for […]

24 May 2018

Following recent announcements from Mothercare and Marks & Spencer to close down multiple stores across the UK, our Employment Partner, Fabio Grech, discusses some of the key issues that arise during large-scale redundancies: How many employees will be dismissed? If 20 or more employees are to be dismissed at one establishment within 90 days, consultation […]

23 May 2018

The Bribery Act came into force 7 years ago, however, we only recently saw the UK’s first contested prosecution of the corporate offence of failing to prevent bribery, with the defendant seeking to rely on the defence of having in place adequate procedures. Under the Bribery Act a commercial organisation is guilty of an offence […]

18 May 2018

On the 25th May 2018 the General Data Protection Regulation (GDPR) will come into force across the European Union and Berry Smith are asking one question: ARE YOU READY? It is essential that businesses understand that it is not enough to just comply with GDPR but they must also be able to demonstrate their compliance. […]

17 May 2018

Berry Smith welcomes you to its HR breakfast at our Cardiff Office. The session is aimed at HR professionals and managers with HR responsibilities and will be hosted by Michael Shutt and Carys Strong, Solicitors in the Employment & HR team.  Michael and Carys will provide an overview of recent case law and legislation and […]

15 May 2018

This week is Mental Health Awareness week and this year’s campaign is focused on stress. 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. A survey conducted by Yougov concluded that in the past year […]

15 May 2018

It is now less than 2 weeks before GDPR goes live, yet many organisations, particularly smaller businesses and companies, are not yet adequately equipped for the changes and challenges they face. Dan Dowen, commercial and IP solicitor, takes a look at recent guidance issued by the European Commission as to how SMEs should be approaching […]

11 May 2018

The Employment Appeal Tribunal (EAT) has held in the case of Bakkali v Greater Manchester Buses (South) Ltd t/a Stage Coach Manchester that a Muslim employee was not subjected to harassment related to religion when another employee asked him whether he ‘still supported Islamic State’ (IS). The claimant, a Muslim man of Moroccan origin who […]

16 April 2018

A door company has been refused a court order to compel a longstanding supplier to continue providing it with products. Vibrant Doors Ltd claimed that after years of business between the two firms, its supplier Rohden UK Ltd suddenly terminated their agreement, without reasonable notice. Vibrant claimed this was unlawful and damaged its business. However, […]

12 April 2018

A commercial landlord has won a dispute with the liquidators of the former BHS retailer over the payment of rent. The issue arose because BHS had entered into a Company Voluntary Arrangement (CVA) to pay reduced rents to landlords of its stores and offices. The agreement contained a clause stating that if the CVA was […]

11 April 2018

Since the introduction of the statutory scheme through the Housing Grants, Construction and Regeneration Act 1996, adjudication has provided a cost and time effective remedy for contractors seeking payment from employers. A form of alternative dispute resolution, an adjudication can be concluded in as little as 28 days with a decision that can be enforced […]

10 April 2018

The government has outlined plans to provide more protection for small and medium-sized businesses who supply companies that become insolvent. It also wants to prevent directors from unfairly shielding themselves from the effects of insolvency. Ministers say that in the worst cases, directors can even profit from business failures while workers and small suppliers lose […]

21 March 2018

A review of inheritance tax thresholds could make it easier for parents to give their children money to buy a home, fund their education or set up a business. Currently, the maximum sum that can be gifted tax free is £3,000 a year. Any additional funds are subject to 40% inheritance tax if the donor […]

20 March 2018

The Equality Act 2010 prohibits discrimination in employment in respect of certain “protected characteristics”. One of these characteristics is disability. In the majority of cases, those who are seeking to claim disability discrimination must satisfy the test for disability under the Equality Act. Namely they must show that they have a physical or mental impairment […]

14 March 2018

Most employers will, at some stage or another, have parted company with an employee by way of entering into a settlement agreement.  Under such an agreement an employee is usually paid a sum of money in return for waiving any potential claims he or she may have against the company. When advising employers and employees […]

8 March 2018

It has been estimated that the ‘Beast from the East’ cost the UK economy £1bn for each day that it wreaked havoc. Since then, we have been, quite literally, snowed under with enquiries from employers looking to mitigate the cost of lost business hours.  It is a thankless task advising clients that (because they didn’t […]

22 February 2018

The Property Litigation Team has successfully represented a commercial property owner in a High Court claim for damages against its former tenant. The tenant was a local authority that had occupied our client’s property (a substantial Georgian property with extensive grounds) under a series of leases stretching back over 40 years. The leases contained repairing […]

21 February 2018

Widespread belief in the myth of common law marriage is putting millions of cohabiting couples at risk of financial hardship if their relationship breaks down. The warning comes from the family law group, Resolution, after it commissioned a survey showing that most cohabitants don’t realise that they don’t have the same automatic rights as married […]

20 February 2018

Can you afford to neglect your Terms and Conditions?  Free, no obligation review of your T&Cs   As part of Berry Smith’s ongoing review of contractual relationships and the need to ensure businesses have appropriate documentation in place, we now turn our attention to identifying some common risks and consequences related to Terms and Conditions […]

12 February 2018

Nick Parker, a dispute resolution partner at Berry Smith Lawyers and a civil and commercial mediator, considers disputes that can arise between shareholders and the options of resolving them. People engaged in business together sometimes disagree with each other. While most disagreements are resolved quickly by the parties themselves, some are more serious and end […]

8 February 2018

In July 2017, Matthew Taylor, chief executive of the Royal Society of Arts, published a report which set out 53 recommendations for reforming employment Law.    The government has finally published its response, and it has accepted nearly all of the proposals, while setting out its ‘Good Work’ plan. In its response, the government makes […]

7 February 2018

Nearly two out of three adults in Britain do not have a valid will, according to a survey carried out by MacMillan Cancer Support. The charity surveyed more than 2,000 people and found that 63% had not made a will, including 42% of people over the age of 55. The survey also uncovered various “will […]

24 January 2018

The Electronic Communications Code (“the Code”) was initially introduced in 1984 to provide a statutory basis for telecommunication companies to place landline telephone equipment on third party property and amended in 2003 to include all electronic communications.   The Code regulates the relationship between landowners and network operators.  As a result of the desire to allow […]

19 January 2018

2018 promises to be another busy year for employment law.  Here are some key developments to be aware of. Taxation of termination payments – From April 2018, all payments made in lieu of notice will be subject to income tax and national insurance.  Currently, such deductions are not necessary where there is no contractual right […]

16 January 2018

A wife has lost her appeal against an unequal divorce settlement that gave her less than half the money awarded to her husband.   The couple had been married for 23 years and had two adult children. At the start of the marriage, the husband had considerable wealth, while the wife had very little.   […]

15 January 2018

There’s been a rise in the number of firms experiencing financial difficulties as the rate of business growth slows to its lowest level in four years.   Research by the insolvency and restructuring trade body, R3, found that the number of companies reporting one or more signs of growth fell to 53% in September 2017, […]

12 January 2018

On a daily basis in the UK, consumers are faced with extra fees when paying by credit or debit card for a wide variety of goods and services.  These ‘surcharges’ are often put in place by law firms, ticket providers and companies in many other sectors, to reflect the additional fee which they themselves must […]

11 January 2018

With Article 50 triggered on 29th March 2017, and ongoing negotiations about hard or soft Brexit not having come to any conclusion, and deadlines being set by each side in what has been described as the UK’s desired divorce from Europe, one has to wonder how this will impact on families in the UK. Whilst […]

9 January 2018

Entering a New Year is always a good time to take stock…of our careers, our work and, of course, our lives in general.   At the centre of it all must be our families; everyone wants to protect their loved ones, both now and in the future.   There are many ways to do this […]

8 January 2018

What is an earn-out? The term ‘earn-out’ is used to describe an agreement between the buyer and seller of a Target Company whereby at least part of the consideration is determined by reference to future profitability of the Target Company for a specified period after completion. Typically, the arrangement would be structured so that part […]

11 December 2017

Whilst people are excited about the first snow fall of the year in many places across the UK this week, many employers will be dealing with the difficulties which this can cause and so we have set out some frequently asked questions and answers:   Q: If my employees do not attend work because of […]

6 December 2017

Berry Smith are delighted to have advised Jon and Fay Collingbourne on their sale of Newport Auctions Limited to Wilsons Auctions Limited.                 Emma Borrington eborrington@berrysmith.com    

5 December 2017

Getting married abroad? Q. I have recently got engaged and my fiancée wants us to get married abroad. My friends were telling me horror stories about marriages abroad, even saying that the wedding may not be recognised when I return to Wales. Am I being over anxious? A. Whilst reported cases continue to make the […]

1 December 2017

With the recent announcement of their engagement, and with the wedding set for May 2018, lots of changes have been taking place. Meghan Markle has quit her job on Suits, moved to London and will even be baptised shortly into the Church of England before tying the knot next year. One has to wonder whether […]

29 November 2017

The law governing the writing of wills needs to be updated to reflect modern understanding of dementia and mental capacity. The government should also consider the introduction of electronic wills and reduce the age for making a will from 18 to 16. Those are some of the recommendations from the Law Commission in a public […]

28 November 2017

First Minister Announces Launch of Overseas Plan at Cardiff School of Management Annual Event which is supported by Berry Smith First Minister Carwyn Jones has announced the expansion of the Welsh Government’s overseas operations to boost trade and inward investment post-Brexit. Speaking on Wales after Brexit at The Forum annual lecture, he revealed how the […]

17 November 2017

Good cash flow is the life blood of any business so it’s essential to monitor overdue invoices and act quickly to ensure payment. Failure to act promptly could mean your firm incurs damaging losses if a defaulting customer becomes insolvent and can’t afford to pay you. There are several early signs that a customer may […]

10 November 2017

If you’ve worked hard to build up a successful business it’s only natural that you wish to hand it on to your sons or daughters. However, there are several risks involved. In some ways, succession plans involving family members are more likely to cause problems than handovers involving complete strangers. With strangers, people tend to be […]

9 November 2017

Q. I separated from my husband two years ago. I have an 18 year old daughter in college. My husband thinks he doesn’t have to give me any more maintenance now she has turned 18. Is this correct? She is still in college for another year. A. If payments are being made through the Child […]

8 November 2017

At a trial heard last week in the Chancery Division of the High Court, Berry Smith’s Property Litigation Team successfully obtained damages of almost £200,000 and an order for costs on behalf of our client. Our client had purchased a property with her daughter and son in law (“the Defendants”).  It had been agreed that […]

3 November 2017

Contracts should always specify the precise details of the terms and conditions relating to payments, duties, timescale etc. However, sometimes the courts can rule that a term is implied in an agreement even though it hasn’t been put in writing, as happened in a recent case involving the sale of land. The seller gave a […]

31 October 2017

A director has succeeded in recovering money from the estate of a colleague who breached his legal duty by diverting funds and business opportunities to a rival company. The case involved two directors, Nigel Clegg and Andrew Pache, who were joint shareholders in a company trading steel. Clegg alleged that from 2004 until shortly before […]

23 October 2017

Child Maintenance – Answering your questions Q. My ex-husband and I managed to go through our divorce amicably and, as part of our financial order, agreed that he would pay child maintenance over and above what he was told he should pay by the Child Maintenance Service online calculator. He since changed his mind and […]

19 October 2017

October brought World Mental Health Day 2017. This year’s theme was all about tackling the issue of mental health in the workplace. It is estimated that 1 in 4 people will experience some kind of mental health problem each year.  Worryingly 9 out of 10 of those people believe there is a stigma attached to mental […]

17 October 2017

Has an important family relationship broken down – Answering your questions Q. Four years ago my daughter-in-law died leaving four children. I looked after the youngest two in the school holidays and at the weekends. This went on for several years until there was a minor disagreement with my son’s new girlfriend, after which I never […]

16 October 2017

We Can Add Value to your Business Free, no obligation review of your terms and conditions Berry Smith is one of the few law firms in Wales with a dedicated commercial contracts team. We offer a wealth of experience on a wide range of commercial matters in a variety of different sectors. Contractual relationships are […]

11 October 2017

Are you aware that the Intellectual Property within your business is a highly valuable asset, with the potential to generate income? Intellectual Property is an intangible asset which protects the application of ideas and information of commercial value. It is considered a key tool that enables businesses to safeguard their unique assets whilst providing an […]

11 October 2017

BBC Presenter and Broadcaster Sian Lloyd with Andrew Follant, Managing Director of Kontroltek Ltd, winners of Service Business of the Year 2017, and Alison Hoy of Berry Smith who sponsored the award. The winners of the fifth annual Bridgend Business Forum Awards 2017 were revealed at a glittering gala dinner and awards celebration held at the Coed-y-Mwster Hotel, […]

4 October 2017

The so called ‘gig economy’ has seen a host of cases before the Employment Tribunal in recent times, the key question being whether the individuals engaged are self-employed contractors or workers. Self-employed contractors have no employment rights, whereas workers are entitled to be paid the National Minimum Wage and holiday pay amongst other things. Recent […]

2 October 2017

A bank was being unrealistic when it brought a professional negligence claim for £750,000 against a firm of quantity surveyors. That was the decision of the High Court in a case involving the Bank of Ireland and the Watts Group plc. The bank agreed to lend £1.4m to a company to develop a city centre […]

27 September 2017

The corporate finance team at Berry Smith has acted in respect of the sale of Clarks Modular Buildings Limited to the management team. Clarks Modular Buildings is based in Cardiff and provides a bespoke service of design and installation of modular buildings to customers nationally. It has a varied customer base which includes the education, […]

26 September 2017

Berry Smith’s Corporate Finance team has been shortlisted for Legal Team of the Year at the Insider 2017 Wales Dealmakers Awards, which are being held on 28th September in Cardiff. In addition to being nominated for Legal Team of the Year, Berry Smith have also been directly involved with clients who have themselves been nominated […]

22 September 2017

A landlord who temporarily transferred ownership of a block of flats to his wife has won his appeal in an enfranchisement case. The court heard that in 2004, the landlord’s tenants gave initial notice of their intention to exercise their legal right to acquire the freehold of the property. The landlord served a counter-notice disputing […]

21 September 2017

A contractor has been ordered to pay £14.7m in damages after installing faulty glass in the former London Stock Exchange building. The High Court was told that the Exchange had been developed by the contractor under a design and build contract dated January 2006. The building featured a 26-storey tower clad with toughened glass panels […]

20 September 2017

The Equality Act 2010 expressly provides that compensation for discrimination may include (or be made up entirely of) compensation for injured feelings. An award for injury to feelings is separate from an award of compensation for financial loss. A claimant can therefore recover injury to feelings even when they have suffered no financial loss. On […]

15 September 2017

The High Court has enabled a family to take over the ownership and running of a company after the owner died. The case involved a cleaning services company in Lancashire. The owner had left the business in his will to his family. After his death, the company continued as a going concern under instructions from […]

8 September 2017

Landlords: Be aware of EPC Rating Changes. The Energy Act 2011 requires landlords to meet the “Minimum Energy Efficiency Standard” (MEES) for both domestic and non-domestic properties. This means that all rented properties will need to have a minimum energy performance rating of “E” and that properties with an “F” or “G” rating will be […]

8 September 2017

Employee’s privacy in the work place: In a very interesting development in the case of Barbulescu v Romania, a decision made by the European Court of Human Rights (ECHR) in January 2016 has been overturned. The ECHR decided that a Romanian employer had acted fairly when it monitored an employee’s Yahoo account, which was being […]

7 September 2017

Premature Births: Your Employer’s Position. Having a child is usually a time for celebration and generally employers are comfortable with their obligations regarding maternity and paternity leave.  However, sadly still-birth is not uncommon, and babies are often born prematurely or with conditions requiring medical intervention. These topics continue to be taboo in many environments, with […]

6 September 2017

Lasting Powers of Attorney – Why you should still have one   Should we still have the Lasting Powers of Attorney? The recent comments by a retiring Judge of the Court of Protection criticising the use of Lasting Powers of Attorney have been widely highlighted in the media.  Denzil Lush was the Senior Judge of […]

4 September 2017

The Employment Appeal Tribunal has dismissed an appeal by Asda in an ongoing equal pay case. Although the appeal relates to a technical preliminary issue, it has far reaching implications. The case, Brierley and others v Asda Stores Ltd began in 2008 and it has been reported that the value of the claim is £100m. […]

31 August 2017

Nick Parker, a dispute resolution partner at Berry Smith Lawyers, considers the issues that can arise with customers, suppliers and competitors, as well as the possibility of shareholder or partnership disputes. Many businesses face the prospect of a legal dispute from time to time. Issues can arise with customers, suppliers and competitors, as well as […]

31 August 2017

Berry Smith welcomes you to its HR breakfast at our Cardiff Office This event is aimed at HR professionals and managers and will be hosted by Fabio Grech, Partner, and Jennifer Pinder, Senior Associate, of our Employment & HR team. Fabio and Jennifer will provide an overview of recent case law and new legislation along […]

23 August 2017

A developer who failed to co-operate in seeking additional planning permission for a proposed tower block has been ordered to pay damages to the company selling the site. The seller had obtained planning permission to construct a 34-storey tower on a large site. The grant was subject to a s.106 agreement, under which the seller […]

22 August 2017

The UK200Group is the UK’s leading membership association of independent chartered accountancy and law firms, whose members act for over 150,000 SMEs and private clients. Declan Swan, CEO of the UK200Group said; “I am delighted that leading law firm Berry Smith have joined the UK200Group. With offices in Cardiff and Bridgend, Berry Smith bring a […]

17 August 2017

Berry Smith was proud to continue its longstanding sponsorship of two prizes for the academic achievements of law students graduating from the University of South Wales. Berry Smith’s Dispute Resolution department sponsored the award for the Best Performing Student on the MLaw (Legal Practice) Course which was won by Evie Griffiths. Rueben Agyenim received the […]

17 August 2017

On Wednesday 11 October 2017, Dr Philip Griffiths, Senior Consultant Solicitor at Berry Smith Lawyers, will be holding a free breakfast seminar focusing on the implications of the new GDPR and the opportunities it brings for compliant organisations The Data Protection Act 1998 will be replaced in the UK and across Europe by the new […]

16 August 2017

In the role as manager of a company, a director is exposed to numerous claims for personal liability arising from potential wrongdoing.  This can include liability for breach of their general duties under the Companies Act 2006 (CA 2006), liability to third parties for misrepresentation or to the company’s employees for discrimination etc. In this […]

14 August 2017

More than 30 of the government’s biggest suppliers have voluntarily committed to pay 95% of invoices within 60 days – and to work towards adopting 30 days as the norm. The commitments are part of the Prompt Payment Code (PPC) initiative, which aims to ensure that small businesses are paid on time. The PPC sets […]