Preserving the golden goose, after divorce for a farming couple

The problems in obtaining seasonal labour for British farms hit the headlines with threats of turkey shortages last year, but such pressures can continue well into the New Year sometimes straining marriages to breaking point. January is usually a busy month for divorce lawyers, as couples finally decide that their marriage has broken down irretrievably. While divorce is never easy, with spouses having to agree how to split their assets and make arrangements for children, it can be particularly complex where agricultural assets are concerned. Robert Bellhouse family law specialist at Ware & Kay Solicitors in York & Wetherby explains how it is important to try to preserve the golden goose, by enabling the farm to continue to generate income to support the whole family where possible. He outlines a few of the key considerations for…

Planning ahead with a Lasting Power of Attorney

According to the Alzheimer’s Society, there are almost 885,000 people living with dementia in the UK. Estimates indicate that between 5% and 20% of over-65s suffer from issues which may affect their memory and thought process. No-one wants to consider that they may lose the ability to manage their affairs but planning for this possibility by making a Lasting Power of Attorney is essential. Although it may be awkward, preparing for your future now gives you time to plan carefully and start conversations with your family and those that you trust about your wishes and goals There are two types of Lasting Power of Attorney (more commonly referred to as an LPA). One deals with property and financial decisions and one covers health and welfare matters. You can prepare either or both but both cannot be…

Return to the workplace: be aware of an employee’s disabilities

Now is a time of transition as employees return to the workplace either on a hybrid basis or for all their working time. Employers need to keep in mind the impact of this shift on any employees’ disabilities. The impact of the pandemic on some of your employees’ health may only come to light as employees move away from homeworking.  This article runs through employers’ responsibilities in relation to their employees’ disabilities and key areas to look out for in managing this transition. What is a disability? Employers should not wait for employees to tell them that they have a disability. Instead, you need to be alert to signs of disability. This could mean, for example, if an employee’s performance is below par and there are signs that they are feeling low, it may be appropriate…

Happy New Year from the Property Disputes Team! What to expect in the year ahead

Business tenancies 2022 promises to continue to be a time of change for commercial landlords. Protected rent debt The government aims to pass the Commercial Rent (Coronavirus) Bill 2021-22 by 25 March 2022.  The Bill will ring-fence rent debts built up as a result of mandated business closures during the COVID-19 pandemic and introduce a new binding arbitration process aimed at resolving disputes relating to ‘protected rent debts’ where landlords and tenants have not been able to reach agreement on how those debts should be dealt with. A rent will be protected if the tenancy was adversely affected by coronavirus and was subject to a closure requirement during the period (England only) from 26 March 2020 to 11.55pm on 18 July 2021. Landlords who issued court claims for these rent arrears on or after 10 November…

Court of Appeal finds restrictive covenant preventing redevelopment unenforceable: the case of Bath Rugby Ltd v Greenwood and others

On 21 December 2021, the Court of Appeal handed down judgment in this case concerning the enforceability of a restrictive covenant contained in a 1922 conveyance. The appeal to the Court of Appeal was over whether an area of land in Bath known as the Recreation Ground, commonly called "the Rec" and formerly part of the Bathwick Estate was still subject to a restrictive covenant imposed in a conveyance of the Rec made on 6 April 1922. The claim was brought by Bath Rugby Ltd ("Bath Rugby"), which has a lease of part of the Rec and who wished to replace its existing stadium with a new, larger stadium incorporating various retail and commercial outlets, with associated car parking. The land was subject to an old restrictive covenant that nothing should be "erected, placed, built or…

What to expect at a financial dispute resolution (FDR) hearing

If you are applying for a financial order as part of your divorce then the court will list your case in for a financial dispute resolution hearing, often called an FDR hearing.  This is a private court hearing and is aimed at trying to assist parties in settling any dispute over finances.  ‘The judge does not make a final decision, but instead tries to encourage the couple to reach an agreement.  It provides an opportunity for everyone to gather in court to discuss all the financial issues and to seek the guidance from an experienced judge on the legal position.  Most disputes can be resolved at this stage, without the need for a final hearing,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. How to prepare for a financial dispute…

Avoiding the divorce court for farming families

It is a new year, so off with the old and on with the new. Sadly, this also sometimes includes spouses, with divorce lawyers seeing a spike in divorce enquiries in January as the stress of the festive season takes its toll. Divorce for farming families can be particularly complicated, given that farms are often asset rich but cash poor, and their ownership split between the extended family. This sometimes makes it difficult to achieve a fair division of assets between the separating couple, while still ensuring the survival of the farming business. With complexity comes extra cost, especially if all the details have to be thrashed out in court. Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby explains how a fair settlement can be achieved for both parties, while…

Wood burners and open fires, what to consider when buying a new home

A wood burner or open fire is an attractive feature in a property, especially as the nights draw in and temperatures drop. If are buying a property with one, or you plan to install a log burner in your new home, there are important things to consider. Most people know gas boilers and electrical wiring need to meet certain standards but are less aware about the rules for solid fuel.  This can cause problems further down the line, especially as the regulations in this area are becoming more stringent. Here we explain the issues to look for and how your solicitor can help. Smoke control areas When you buy a property, your solicitor will make pre-contract searches which will show whether it is in a smoke control area. These tend to be in urban conurbations. Tell…

Financial “Abuse” of the Elderly and the Lasting Power of Attorney

It’s often thought useful to create a Lasting Power of Attorney, in case you lose capacity. Close family or trusted persons might otherwise be unable to access your bank accounts, sell your property etc., without the cost and delay of applying to the Court of Protection, to appoint a deputy, to manage your affairs, if you suddenly lost capacity. But there are down sides writes Julie Bradwell, Dispute Resolution Solicitor with Ware & Kay.  “I often see siblings at war, who have lost trust in close family members, often brothers and sisters and allege the sibling, appointed Attorney, under a Lasting Power of Attorney, is taking unauthorised money from their loving parent’s bank accounts for themselves. Equally, there are tragic cases of parents who genuinely wanted to make a generous financial donation to their adult child…

Should I start a Christmas Tree Farm on my land?

From offering holiday accommodation to selling Christmas trees, astute farmers are finding ways to create new income streams. Income generated by diversification is now a vital part of many farming businesses but it can involve unfamiliar legal, planning, staffing plus health and safety issues. Taking time at the outset to identify and address those issues can avoid costly disputes further down the line says Head of Dispute Resolution at Ware & Kay Johanne Spittle. Before you embark on a new diversification project it is important to check whether there are any restrictions on how you use your land and that you carefully consider the potential impact that a new venture may have on your neighbours. Where your land has previously formed part of a larger estate which was divided up, it is possible that the original…