The implications of alcohol misuse and family arrangements

While many adults drink alcohol responsibly, unfortunately there is a significant percentage of the adult population in England that misuse alcohol.  Government statistics for 2020 show that over half a million adults in England were admitted to hospital, primarily due to excessive alcohol consumption.  When misuse of alcohol is a factor in family breakdown, it can be a particular concern when there are children and arrangements need to be agreed for residence and contact. It is not uncommon that someone with an alcohol problem denies any problem exists, especially if they fear they may not get to see their children.  Meanwhile, the other parent will be concerned and fret over the safety of their children in their former partner’s care.  ‘The issue of concern for any court looking at arrangements for children is not so much…

Why farmers should have Lasting Powers of Attorney in 2021

With the death count from Covid-19 now topping 152,000 and an estimated two million people suffering from long Covid in the UK, people’s worries about what would happen if they become incapacitated have been thrown into sharp focus. Being rendered unable to work is a particular worry for farmers as the successful management of a farm takes a lot of hard (and often physical) work. It is vital for farmers to put measures in place to ensure the continuing success of their farming business in case they fall ill or are unable to carry on working. A good measure is to have a Lasting Power of Attorney (LPA) drawn up, which allows you to nominate someone to run your affairs while you are out of action. Laura Carter, private client law specialist at Pearsons & Ward…

Ware & Kay welcomes new Litigation Solicitor

Expanding Yorkshire law firm Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is delighted to announce the appointment of Julie Bradwell, an experienced Litigation Solicitor to its growing Litigation and Dispute Resolution Department. Her appointment is a further addition to the firm’s expertise in this sector. Julie brings with her a wealth of experience in all aspects of litigation and dispute resolution. She is widely recognised for her experience in handling complex cases particularly for clients who are contesting Wills and bringing inheritance claims. Julie will also provide a range of advice to clients who are disputing the termination of commercial and residential leases, property contract disputes, boundary and property nuisance disputes and professional negligence Originally from Newcastle, Julie arrives at Ware & Kay with over 31 years’ experience in litigation and dispute…

Combining digital and personal services will help your next home move complete smoothly

From estate agents offering virtual viewings to the Land Registry working remotely, the accelerated use of technology has helped us move home safely despite the pandemic, but there is no substitute for the personal touch. ‘While many things have moved online, and the Government is planning to digitise more services, having personal contact with your conveyancing solicitor ensures that you have the best of both worlds,’ says Holly Stevens, Head of Residential Property with Ware & Kay who highlights some of the recent developments in the residential property sector and how we can help you with your next home move. Choice of communications Once you have chosen your next home, you will want to get things moving quickly. So, it is important we can discuss your needs and send out the initial documents promptly. The best…

Senior executive departure - tips for a smooth exit

Despite all your best efforts to recruit and retain the right key executives, sometimes things just do not work out as planned and it becomes evident that it will be necessary to part company. ‘Managing the departure of a senior executive carefully, and within the law, will reduce the risk of a tribunal claim, protect your business’s customers and reputation, and should ensure as little disruption as possible’, says Gillian Reid, a Solicitor in the employment team with Ware & Kay who looks at the main areas for employers to address when it is time to say goodbye. First step: check the agreements Collect the suite of documents that set out the executive’s rights and obligations on departure. These may include: the contract of employment or service agreement; commission or bonus agreements; and corporate documents…

What is vacant possession?

The Court of Appeal has overturned the High Court’s decision in the case of Capitol Park Leeds plc v Global Radio Services Ltd which considered whether a tenant had given ‘vacant possession’ of a commercial building. The case concerned a three storey commercial unit in Tingley Leeds. By a Lease dated 4 March 2002 the property was let to Real Radio (Yorkshire) Limited for a term of 24 years. In June 2014 the Lease was assigned to Global Radio Services Limited (the tenant). The assignment was part of a corporate acquisition by Global of The Guardian Media Group, which included provisions for the transfer to Global of all properties owned by the Group. This resulted in Global acquiring more properties than it needed, and from the date of the assignment the property was surplus to requirements. The Lease…

Giving away an inheritance

Have you recently inherited assets from a family member or a friend who has recently passed away? We appreciate that there are circumstances where you might not necessarily wish to receive a legacy and may wish to re-direct it elsewhere.  Some of the common reasons why are as follows: You know/suspect that the deceased’s wishes had changed since they made their Will some years prior and you wish to honour what you believe to be their final wishes. You would like to help out other family members/friends/charitable organisations by passing on wealth to them. You expect that Inheritance Tax will be payable on your death due to the size of your estate before receiving the legacy. You therefore do not wish to increase your net worth further. The substitute beneficiaries on…

Furlough & Redundancy – understanding your rights

The Institute for Fiscal Studies reports that currently 1 in 8 workers is furloughed, that’s 3.4 million jobs, at a cost of £2.2 billion to the government. The furlough scheme is due to be entirely phased out by the end September 2021, and with that we anticipate a rise in the number of redundancies as businesses assess the impact of the pandemic. It is very likely this will lead to an increase in the amount of cases brought to the Employment Tribunal, particularly for claims such as unfair dismissal. Furloughed workers have the same redundancy rights as any other employee, including in relation to protection from unfair dismissal (for those with 2 or more years’ service) and discrimination and so it’s vital that employers select and dismiss for redundancy correctly in accordance with the law (that…

New Trainee Solicitor for Ware & Kay

Yorkshire Law firm Ware & Kay Solicitors (with offices in York, Wetherby and Malton) has added Lucy Riley as a new Trainee Solicitor to its team. Lucy has been awarded a Training Contract which will see her working towards becoming a fully-qualified solicitor. Lucy studied at the University of Hull for her LLB Law Degree and joined Ware & Kay as a Litigation Paralegal in 2019.  She then studied for a combined Legal Practice Course and LLM (Masters in Law) in Professional Legal Practice and was awarded a Distinction at the University of Law in Leeds.  Lucy has been part of the Litigation & Disputes team for the last two years and will continue to work in the Department. Commenting Lucy said: “It is becoming increasingly difficult for law graduates to secure legal roles within…

Does bad behaviour affect the financial settlement in a divorce?

Within a marriage or civil partnership, the concept of bad behaviour can cover a multitude of activities, from leaving the top off the toothpaste to serious or criminal activities.  One option when applying for a divorce is to claim that your relationship has broken down irretrievably. One way of proving this is to show that your partner has behaved ‘unreasonably’. Following the case of Owens v Owens, unreasonable behaviour must be more than the run-of-the-mill type of annoyances to be expected in a long marriage. You must show that the behaviour was such that it would be unreasonable to expect you to stay with your spouse. If you succeed with an unreasonable behaviour divorce it is normal that the courts will order your spouse to pay for the legal costs. For many, allocation of the legal…