What to expect during mediation following separation

If you are attending mediation to resolve disagreements about some decisions relating to relationship breakdown, separation or divorce, you might be wondering what this involves.  A mediator is an independent person that is trained and accredited to assist you in identifying the issues in dispute and help resolve these through discussion.  Sometimes two mediators may be used, but more often than not just one mediator will be involved.  A mediator can meet you and your former partner together, or separately.  They can also arrange to meet you both at one time while you remain in separate rooms, and this is known as shuttle mediation, where the mediator will effectively shuttle between the two rooms to progress discussions.  It is important that you are comfortable throughout the process and you will not be forced to sit together…

Planning for later life care

Many of us are guilty of putting our heads in the sand when it comes to looking at what may befall us in later life. As people are living longer, the incidence of strokes, dementia and loss of mental capacity is becoming more prevalent. Many of us will live to a ripe old age without facing these issues, but nevertheless, a few simple planning meetings with the relevant professionals, will help ensure that things go as smoothly as they can. We are members of Solicitors for the Elderly (SFE) and we will ensure that you have all the legal documents in place to get you what you have planned for and that you have considered the pitfalls that may face you in later life and ways to avoid them if at all possible. Wills A…

Christmas and New Year opening times

We look forward to working with you in 2020 and continuing to deliver the best possible service.

How to make a tenancy fit for purpose

A Farm Business Tenancy is a contractual relationship which allows a tenant to rent land or buildings from a Landlord to run an agricultural business. But what provisions should a Farm Business Tenancy include to ensure it is legal and fit for purpose for both parties?   Under the Agricultural Tenancies Act 1995, a Farm Business Tenancy arises if it was granted on or after 1st September 1995 and land is used predominantly for agricultural purposes throughout the term of the tenancy. Whilst some terms are statutory and must apply, many terms of a Farm Business Tenancy can be negotiated between the Landlord and Tenant. The Act defines agriculture as including ‘horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and…

What are the legal issues for retail landlords and tenants over the Christmas period?

For most retailers, Christmas is the busiest trading period of the year and with the challenges facing the High Street many will be taking every opportunity to maximise their revenue. However, it is important that tenants and landlords consider their lease and other obligations when planning their Christmas trading activities: Pop-up shops: it is now common for landlords to fill empty space with ‘pop-up shops’ or bars and restaurants. It is important that they check whether planning permission is required and to ensure that the arrangement is properly documented. Although granting a licence to occupy may be convenient, a short term lease which is contracted out of the Landlord & Tenant Act 1954, possibly with an option to break, is a safer route. The building insurance policy should also be checked. Use: Leases…

Employee wellbeing: your responsibilities as an employer

Bowls of fresh fruit and mindfulness sessions are becoming increasingly common in the workplace as employers try to promote the wellbeing of their staff. A successful wellbeing strategy can improve employee attendance and  retention, as well as productivity.  It can also help shield you from compensation claims brought by employees for stress-related conditions which may be exacerbated by their work. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby sets out an employer’s legal obligations for employee wellbeing and suggests initiatives for you to adopt. Stress at work Employers are under an obligation to protect their employees from the risk of injury while at work, including the risk of injury to their mental health caused by the development of depression and anxiety as a result of work-related stress.  Where it can be…

Agree Christmas arrangements for children now

Christmas is a magical time of the year for children. There is the anticipation of the presents they may receive, the relief of having a few weeks off school and the excitement of seeing friends and family. The hopes of what Christmas may bring are no different for the children of parents who have divorced or separated, yet lingering there in the background will be the worry of who they are going to spend Christmas with and whether the parent who misses out will be alright. To make sure your child has a wonderful and stress-free Christmas this year, our family law team offers some useful tips to estranged parents trying to agree arrangements for their children over the festive period. 1. Plan ahead Talk to your former partner now about what you would like to…

Taking your first commercial lease

Some of the world’s most successful companies have started at home or in a garage, but at some point it makes sense to move to business premises.  Committing to your first commercial lease is an important step in the life of a young business and as it is a binding legal contract, it is vital to get legal advice before you sign. ‘Premises will make up a significant part of your total business costs’ says Jacky Burton commercial property solicitor with Ware & Kay in York & Wetherby, ‘so it is important to know exactly what you will be paying, your obligations and those of your landlord, and what flexibility you have if these premises no longer meet your needs.’ Your solicitor will explain everything and help ensure that you understand the long-term implications. The premises…

Considerations when buying a heritage property

When many of us think about heritage properties, we think of buildings associated with our architectural past: a castle, stately home or elegant Georgian townhouse perhaps. But new developments, such as barn and warehouse conversions, may also be heritage properties if they are listed or in a conservation area. In this article we look at the different categories of heritage property and the implications for buyers who face the prospect of having to deal with the obligations that go hand in hand with owning a property of historical interest.  If you are considering buying a listed building, a property in a conservation area or a property that appears in a local heritage asset list, then it is important that you speak to your solicitor at an early stage to discuss the implications. The fact that a property…

Occupier’s liability: what are your duties?

If you occupy land or buildings, then you will usually be under a duty to take reasonable steps to prevent anyone visiting you being killed or injured or suffering damage to their property.  You will also be under a duty not to do anything which may cause harm to your neighbours. The extent of the duties imposed on you will vary depending on the circumstances but where a breach of duty occurs the consequences could be serious, as Johanne Spittle, Head of Litigation with Ware & Kay in York & Wetherby explains.   ‘We live in a world where anyone who suffers damage or personal injury expects to be compensated’ says Johanne.  ‘This includes people who are lawfully on your property like employees and invited visitors, but also those who are there unlawfully like squatters…