Shareholder Disputes: what happens when shareholders fall out?

Disputes between company owners are not uncommon and can range from disagreements about strategy and management through to allegations of breach of fiduciary duties and breach of trust. These disputes can have serious ramifications which may threaten the financial security of your business. The legal framework for addressing shareholder disputes in England and Wales is primarily governed by the Companies Act 2006 alongside the company’s articles of association and any Shareholder Agreement. There are three main remedies available to you as a shareholder of a company if you think that your rights as a member have been compromised, whether that is because of money being taken such as by paying unauthorised dividends or paying excessive salary or other breaches of company duties or company mismanagement. The principal remedies are: Presenting an unfair prejudice petition…

Ware & Kay Christmas and New Year Opening Times

     As the festive season approaches, we would like to extend our warmest wishes to you for a joyful Christmas and a safe, healthy start to 2025. We look forward to continuing our partnership and providing you with the best possible service in the coming year.    Christmas and New Year Opening Times Our offices will close from 4.00pm on Monday, 23rd December, and will reopen at 9.00am on Thursday, 2nd January 2025. If you need to reach us outside these hours, please use our "Contact Us" form and a member of our team will respond on the next business working day.  Best wishes The team at Ware & Kay incorporating Pearsons & Ward

How will the farm be dealt with after your death?

Handing over the farm you worked so hard on for so long to a new generation may seem like a heart-wrenching decision – which may explain why a University of Exeter study reveals that only 20% of farmers in the UK plan to fully retire. However, even if you intend to keep working until you die, it’s important to put measures in place to ensure your farming business can continue to thrive and your loved ones don’t face a crippling tax bill after your death, as Emma Elwess, Director & Head of Wills & Probate at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, explains. What happens to your farm after you pass away largely depends on how it’s held. If the freehold is in your sole name or jointly held as tenants…

Arbitration in family law – could this help us?

When trying to resolve matters relating to matrimonial finances, or deciding on certain child arrangements after a relationship breakdown, one alternative to court, for a privately funded family law case is arbitration. ‘Arbitration involves the appointment of an independent arbitrator who will be presented with the facts of the case from each side. After evaluating all the information, they make a decision which is akin to having a court judgment without the protracted process of litigation,’ explains, Samantha Sinclair, Head of Family with Ware & Kay incorporating Peasons & Ward Solicitors. ‘Arbitration can remove delay and bring swift closure, as long as you are willing to accept the arbitrator’s decision as it is difficult to challenge.’ Below, Samantha explores some of the things to consider when deciding to opt for arbitration. The benefits of arbitration…

A time of change: the Employment Rights Bill and the Autumn Budget

By the end of 2026, employment rights are expected to be considerably different to those in force today. Although much of the detail will be the subject of consultation which then needs to be pinned down in regulations or codes of practice, the publication of the Employment Rights Bill in October 2024 indicates the big changes that are on the horizon. Protection from unfair dismissal, family-friendly rights, guaranteed hours for vulnerable workers, and protection from harassment, are all areas that will see new rights or an expansion of existing rights. The Government policy paper ‘Next steps to making work pay,’ mentions further future reforms and areas for consultation. The main points in the Bill, and the changes to employer’s national insurance contributions which were announced at the autumn budget are below. The Bill also includes provisions…

Ware & Kay welcomes Paul Forth as New Business Development Consultant

Leading law firm Ware & Kay is pleased to announce the appointment of Paul Forth as a Business Development Consultant covering its offices in York, Wetherby & Malton. This strategic appointment underscores the firm’s commitment to driving growth and enhancing its client services across Yorkshire and beyond. Paul brings over 30 years of business development experience, having held senior roles at Yorkshire Bank and NatWest. His deep knowledge includes specialisms in Agriculture, Energy, and Landed Estates, equipping him with invaluable insights into the needs of both large enterprises and smaller businesses. Since 2023 Paul has been working as an Agricultural and Business Development Consultant and has worked with a number of different businesses and professionals across the Yorkshire region. Paul will collaborate closely with the senior management team at Ware & Kay, with a focus…

Budget 2024, your residential property questions answered

The first Labour budget for 14 years was the subject of much speculation in the press. But what has changed for homeowners, buyers and sellers? And is there anything property owners should do as a result? ‘There was a lot of hype surrounding the budget,’ agrees Holly Stevens, Director, Residential Property with Ware & Kay. ‘While the impact on residential property may have been less than predicted, there are still some important changes property owners need to be aware of.’ Here she answers some common questions. I want to sell my property, what has changed? The budget made no significant changes which are likely to affect your sale. The rate of capital gains tax (the tax on any profit you make) remains the same. Moreover, if you are selling your main home, it is unlikely you…

Ware & Kay Solicitors support Encephalitis International Charity”

  Ware & Kay incorporating Pearsons & Ward Solicitors, a leading Yorkshire law firm with offices in York, Wetherby and Malton, is proud to announce their recent contribution in support of the charity Encephalitis International. The firm provided conveyancing services at a substantially reduced/nominal rate to the charity, demonstrating its commitment to community engagement and supporting worthy causes. The legal assistance from Ware & Kay covered crucial commercial property advice, helping Encephalitis International navigate property-related challenges and focus on its vital work of raising awareness and supporting those affected by encephalitis, a life-threatening inflammation of the brain. Peter Connolly, Commercial Property Solicitor who handled the work assisted by colleague Sarah Murtha, commented: "It was a privilege to offer our services to Encephalitis International. The work they do is incredibly important, and I was more than happy…

How to prevent a right of way being acquired

A case before the Upper Tribunal earlier this year, Nicholson v Hale [2024], gave us some useful guidance on the requirements for signs that are intended to prevent rights of way being acquired by long user or ‘prescription.’ The case concerned two properties in Derby Terrace in Nottingham. Party A owned 4 Darby Terrance (Number 4) and Party B owned 6 Darby Terrace (Number 6). The front doors of both properties were on a raised walkway with steps at the eastern end with access to the public highway. Number 6 could also be accessed across Number 4’s forecourt and staircase. Party A purchased Number 4 in 2020 and then began work to demolish their staircase and enclose their forecourt to create a walled garden. The owners of Number 6 claimed that they had a prescriptive…

The Renters Rights Bill: what does it mean for Landlords?

The Renters Rights Bill will abolish Assured Shorthold Tenancies (ASTs) and section 21 no fault evictions. It will also end fixed term assured tenancies so that all tenancies will be ‘periodic’ with tenants able to stay in their home until they decide to end the tenancy by giving 2 months’ notice. Once adopted the new law will mean that landlords will only be able to recover possession of their property by relying on one of the grounds for possession. The Bill introduces new grounds for possession including where the landlord or landlord’s spouse, partner or family member requires the dwelling as their only or principal home or where the landlord wants to sell. There is also a new ground for possession related to students in HMOs (Ground 4A) allowing landlords of full-time student tenant to…