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In a recent report, appeal court judge Lord Justice Briggs recommends an ‘online court’ meaning a court without solicitor involvement. There is a clear and pressing need to use the opportunity presented by the digitising of the civil courts to create for the first...
One of the fundamental principles of English law is of testamentary freedom. Unlike some other European countries, everyone in England and Wales is free to leave their estate to whoever they wish; there are no forced heirship rules governing who we have to leave our...
Vulnerable Clients - The Failure to Make Reasonable Adjustments It is the nature of a solicitor’s job that they act for people from all parts of the social spectrum. Inevitably, this will include people who are vulnerable clients, such as the very young or old, or...
The recent flash floods in Leeds are a prime evidence that flooding is a growing risk for home and business owners. It has been reported that as many as 1,000 businesses have been caught by the floods, which were the worst in the area for 70 years, leaving businesses...
Ensure you have the right party When you issue a claim to recover a debt, it is imperative you pursue the correct party – if it is a company you will need to check companies house to ensure that you have the correct registered name of the company, trading names can...
Christmas celebrations have now come to end and a new year has arrived. While for many 2016 promises new and exciting opportunities, for some (at least in a legal context) it will signal the end of opportunities that previously existed. I am of course talking about...
How does the old saying go – “nothing is certain but death and taxes”. Unfortunately the saying still holds true today and as explained in last week's article - 'How Much Inheritance Tax Will My Beneficiaries Have to Pay?' - the standard rate for inheritance tax for...
The situation may arise where a shareholder: believes their shareholding his been prejudiced by the actions of a director; and the company (possibly controlled by that director) refuses to take action. The shareholder wants the director to be held to account. However,...
The beneficiaries of a will are not liable for nor will they pay inheritance tax - your estate is liable. Following your death your executors or your administrators - if you died without a will - will gather your assets and pay your liabilities. Any inheritance tax...
Once the frantic shopping over Christmas and the January sales has slowed down, many consumers are left with a new year hangover of unwanted or faulty goods. On 1 October 2015 the Consumer Rights Act replaced the Sale of Goods Act in shake up of consumer rights to...
In the case of Marks & Spencer v BNP Paribas Services Trust Company (Jersey) Ltd and another [2015] UKSC 72. Marks & Spencer were granted a lease by BNP - from 20 January 2006 to 2 February 2018 - for a property in Paddington, London. The Terms of the Lease...
Do you have a will? If so, it is more than likely that your will deals with the appointment of executors. If you don’t have a will then there are rules which dictate who is entitled to apply for a grant of administration - this increases the number of issues to be...
This week, Wakefield legend Sean McHale takes a look at one of the most notorious and complex characters to hail from the area - Paul Sykes. Polymath? Remarkably, Paul Sykes attracted the following critiques: Literary genius; Bully; Alcoholic; Talented storyteller;...
Commercial contracts are long and complex documents. Consequently while the body of the contract is often considered in detail, the ‘standard’ clauses that often adorn the end of a contract (those dealing with jurisdiction, whole contract etc.) are often overlooked....
Illegal Contracts English law promotes the concept of freedom of contract - that parties are free to agree a contract on any terms. Naturally, this freedom is restricted in certain respects, the most noticeable of these being in illegal contracts. If that law...
What are Cumulative Impact Policies? According to the Police Reform and Social Responsibility Bill - March 2011 - “Cumulative Impact Policies were introduced as a tool for licensing authorities to limit the growth of licensed premises in a problem area.” Last week saw...
Does a Statutory Demand need to be reissued if it is withdrawn? But the debt remains unpaid… Why would I reissue a statutory demand? You can serve a statutory demand upon a company who has not paid your invoice. The company upon receipt of the statutory demand has...
At this time of year licensed premises (restaurants, bars, pubs, and clubs) benefit from a larger boom in trade than at other times of the year. Typically most licensed premises can attribute an increase in trade to Christmas parties and one-off events taking place...
The Cost of Terminating an AGENCY AGREEMENT In a previous article we considered in broad terms how the Commercial Agent (Council Directive) Regulations (‘the Regulations’) impose strict obligations on the relationship between principal and agent in contract law. In...
Farmer Who Hid His Castle behind a Hay Bale Wall Now Claims Bats You may be familiar with the farmer – Robert Fidler - who built a castle without planning permission and then hid it behind a wall of hay for four years. This was to try and exploit a loophole which...
Alcohol/ Entertainment Licence Most of the owners and operators of licensed premises (bars, pubs, clubs, restaurants and off licences) that I have acted for have been subjected at one time or another to visits, planned or otherwise, from the Police and/or the...
There she blows! This weekend the UK was thrown into a sodden chaos following the arrival of Storm Abigail! Torrential downpours on Sunday evening resulted in misery and despair with thousands being affected by: Transport delays; School closures; Road accidents; and...
This week has seen one of those rare moments where a court decision has completely changed our understanding of the penalty clause in contract law. Until this week, it was a long standing legal principle that a penalty clause in a contract was unenforceable at...
Steven Newdall, Managing Partner and Jeffrey Myers, Partner At 11am on 16 November 2015, Steven & Jeffrey joined Richard Stead at BBC Radio Leeds answering your questions and offering expert legal advice (for free!). They covered a variety of legal topics from...
Recently, I’ve attended meetings with local police authorities, licensing act authorities and council environmental health officers on behalf of clients regarding their premises licence. Increasingly, police and councils are seeking to meet with operators to resolve...
What is 'estoppel by convention'?Estoppel by convention is a form of equitable remedy that acts to bind parties to a shared understanding of the terms and facts of a contract.What does this mean?Where two parties negotiate or operate a contract based on a shared...
It is well known that a court may use its case management powers to strike out a case if the action amounts to an abuse of process. What is much harder is defining what exactly amounts to an abuse of process. Following the amendment to the Overriding Objective...
A director of a company has a duty to promote the success of that company for the benefit of the shareholders. However, at the point where it becomes apparent that a company is trading insolvent, his duties changes and the director must from this point act in the best...
Upgrading Your House: What if it all Goes Wrong Buying a house is usually one of the biggest purchases you will make in your lifetime, so it’s understandable if you decide to upgrade your house rather than go through all the rigmarole of looking for a new house, and...
Should my claim be allocated to the small claims track? Claims are ordinarily assigned to a track according to their financial value. Small claims are those below £10,000, fast track cases are those between £10,000 and £25,000 and multi-track are those over £25,000....
