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Wetherby 01937 583210
Malton 01653 692247
Legal updates

22 April 2015 Litigation

"To hear the words 'a boundary dispute' is to fill a judge, even of the most stalwart and amiable disposition, with a deep foreboding since disputes with neighbours tend always to compel… some unreasonable and extravagant display of unneighbourly behaviour which profits no one but the lawyers" A little cynical, perhaps; but that was Lord Justice Ward's view in the leading case of Alan Wibberley Building v Insley (1998), who rightfully observes, that whilst every dispute has the potential to become personal to the parties involved - the parties become entrenched and it becomes a "matter of principle" - that is even more so, when the parties are engaged in a boundary dispute. Often, the land subject to the dispute has little or no substantial monetary value; but it may have a real non-money value…

07 March 2015 Litigation

Court fees are set to increase with effect from 9 March 2015, the necessary legislation having passed through the House of Lords this week. For claims under £10,000, fees to issue the claim will not increase. For claims above £10,000, the fee to issue the claim will increase to 5% of the value of the claim, for example £750 to issue a claim for £15,000 (as opposed to £455 now) or £2,500 to issue a claim for £50,000 (as against £610 now). The maximum issue fee for a money claim will be capped at £10,000 (for claims of £200,000 or above). The current maximum issue fee is £1,910, so, not surprisingly, the increases are controversial, and seen as having potential implications for access to justice. Money claims include both debts and claims for damages (for…
22 January 2015 Employment advice

Employers will be glad to hear of the government's new scheme to reduce long-term sickness absence in the workplace. In October 2014, a new Health and Work Service was introduced to help employees who are off sick for four weeks or more return to work. Managing sickness absence can be time-consuming and costly for many employers. The government has reported that almost a million (960,000) employees were on sick leave for a month or more each year on average between September 2010 and October 2013. The new Health and Work Service could cut sick pay costs to businesses by up to £165 million a year, as well as increase economic output by up to £900 million a year, through reducing absence levels between 20 to 40 per cent. The service will carry out a state-funded…
10 January 2015 Wills and estates

Research from the Alzheimer's Society forecasts over a million people will have dementia by 2021, highlighting that getting your affairs in order has never been more important. As experts in this field, we see many people in a distressing situation where they are unable to make important decisions on behalf of their loved ones and have no alternative but to make an emergency application to the Court of Protection. This can be costly and take a long time, leaving loved ones vulnerable in the meanwhile. The government is so concerned about the number of people who have not planned for their later years, that it has announced it will be holding a 'life planning day' in 2015. This is intended to promote awareness about making a will and creating a lasting power of attorney to…
10 January 2015 Litigation

A major dispute with a supplier or customer can jeopardise your entire business, especially when a contract is of strategic importance. Resolving disagreements at the earliest opportunity is key to ensuring that a supply chain relationship does not break down irretrievably. It also can be a major distraction from the day-to-day running of the business. We can help to relieve both the distraction and ease the stress and pressure. The litigation team at Ware & Kay understands the commercial issues at stake, and getting us involved early can ensure that you keep your business on track. Prevention is of course always better than cure. An important step in avoiding any business dispute is to ensure that you have correctly drawn up terms and conditions that are bespoke to your business. Buying a standard set of…
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