Agreeing access arrangements for children – welfare considerations

  A relationship breakdown often means a dramatic change in life for all involved and when parents live apart, arrangements need to be agreed about how and when children will see each of their parents.  If a couple can agree arrangements between themselves, it will be beneficial for all concerned and it will have a positive impact on the child’s wellbeing. That arrangement can be formalised by a solicitor to ensure there are fewer disagreements moving forward.  However sometimes relations are not amicable and if one parent is being prevented from spending time with their child, they may need to apply for a child arrangements order to secure their right to access. The Children Act 1989 states that the welfare of the child must be the paramount consideration.  When it comes to welfare, the Act stipulates…

Senior Family Lawyer joins Ware & Kay

Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is delighted to announce the appointment of highly experienced senior Family Lawyer Stephen Carr who will provide leadership and support to the Family Team. Stephen’s specialises in all aspects of family law and relationship breakdowns and is able to deal with complex cases involving children. Stephen will be responsible for advising on all aspects of divorce, separation, arrangements and financial provision relating to children, prenuptial and postnuptial agreements together with cohabitation agreements. He has acted for many types of clients with different levels of need. The necessity to be available, showing respect, providing support and being attentive in difficult times, is at the core of the work which he does. Originally from Wakefield, Stephen arrives at Ware & Kay with considerable experience, having specialised in…

Inspired by Clarkson’s Farm? Key considerations when buying agricultural land

The last year has seen a surge in demand for agricultural land, according to recent analysis, with investors seeing it as an increasingly attractive option during a time of global economic uncertainty. Or maybe TV viewers have been inspired by Clarkson’s Farm? Whatever the reason, this spells good news for farmers looking to move to pastures new or offload land to raise extra funds but, buying or selling farmland can be more complicated than a normal property transaction. When buying farmland, we will still carry out the usual checks and searches required for any property sale or purchase, such as: investigation of title – to ensure the seller can pass the property to the buyer free of any adverse rights or warning notices and to establish whether there are any easements affecting the property; local…

Autism and Employment

Whilst Autism and more generally, ASD (Autism Spectrum Disorder) are widely recognised as developmental disabilities, this does not mean that they are widely accepted or understood by U.K. employers. In order to fully accept those on the Autism Spectrum, it is crucial that people begin to educate themselves (and others) on the disability wholly. A key starting point is understanding that every person on the spectrum is unique and therefore has their own individual needs. Despite those with ASD experiencing many similar traits, each person will be affected by their disability differently. There is no ‘one adjustment helps all’ approach that can be taken by employers who are looking to create a better environment for their ASD employees. In a recent case of mine, the employer argued that they had provided reasonable adjustments for their autistic…

Is now a good time for first-time buyers?

  If you are looking to own your first home, you may wonder whether or not now is a good time to buy. On the one hand, the increase in property prices seems finally to have stalled. On the other, living costs and interest rates have risen sharply. Add to this the uncertain economic outlook, and it is hard to decide what to do for the best. Nobody knows for certain what the future holds. For most people, their home is a long-term commitment, and it is important to see things in perspective. Whether you decide to buy now, or to wait, there is a lot to consider. We outline some of the key considerations for first-time buyers. Plan your finances well in advance Building up savings can reduce the amount you need to borrow and…

Employment law risks when keeping clients happy

The client is king and businesses will usually do anything they can to keep and grow clients, but not everyone is committed to increasing diversity and inclusion at the same pace. This can create some tricky dilemmas. Should an employer accommodate a client’s discriminatory preferences? And does the employer have a duty to protect employees from discriminatory clients? ‘Employers can sometimes find themselves in the difficult position of wanting to keep a client happy, but also needing to protect their employees. The law in this area is a mix of seemingly contradictory provisions,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay in York, Wetherby & Malton. Kalpesh offers guidance and practical tips for dealing with this type of scenario and he also looks at the potential impact of clients rewarding diversity and…

A record amount of charity donations were included in Wills in 2022

According to recent data, 2022 saw a record amount of bequests to charities. Of the 231,582 wills that Smee & Ford handled, 36,992, or nearly 16%, contained a gift to a charity. The overall amount of charitable estates was higher than Smee & Ford's forecast of £20 billion from September, coming in at £21.3 billion, the highest amount ever. The total number of individual bequests within charitable estates awarded probate in 2022—123,298 in England and Wales—was also the highest amount ever recorded. Over half of all legacy revenue in 2022 came from high-value bequests worth over £100k, with 31% of bequests valued at over half a million pounds and another 22% coming from bequests valued between £100-£250k. “It is encouraging to see that 2022 was another strong year for legacy income and that the number of…

Saint Catherine's Hospice Make a Will Week 17 April to 21 April, 2023

We are delighted to support the Saint Catherine’s Hospice Make a Will Week.We have agreed to give our time and expertise for free to support Saint Catherine’s Hospice Make a Will Week Catherine’s Hospice Make a Will Week. We will happily meet with you to take your instructions for a simple Will during this week and draft a professional Will in accordance with those instructions. We will also meet with you again for your Will to be signed by the end of May 2023. In return, you will make a donation to Saint Catherine’s. Our suggested minimum is £200* per single Will and £350* per matching pair. This is payable at the time you sign your Will with us and we will forward the donation to Saint Catherine’s Catherine’s. *If your Will requires advice of a complex nature, or because of any failure on your own part to complete the Will by…

Restrictive covenants revisited

In a recent case before the Upper Tribunal (Lands Chamber) Housing Solutions v Smith [decision 27 January 2023] the Tribunal allowed the applicant's application for the modification of restrictive covenants which restricted use of a site to parking of cars so as to permit housing development. Mr John Smith (founder of the Landmark Trust) owned a large area of agricultural land just outside Maidenhead. Adjoining it was a small industrial estate, whose owner, Stainless Steel Profile Cutters Limited (“SSPCL”) wanted to construct a car park; the layout of the estate provided a convenient triangle, and in 1972 Mr John Smith sold to SSPCL a further triangle so as to make a rectangle, known as the “Exchange House site”. In the conveyance SSPCL gave restrictive covenants for the benefit of Mr John Smith’s adjoining land which provided…

Reducing farm payroll: lay-offs or redundancy?

Times are tough for UK farmers at present, with high energy prices and the cost-of-living crisis combining with the aftermath of Brexit and the pandemic to force many farming families to tighten their belts. One obvious way of saving costs is to reduce staffing numbers, with lay-offs, short-time working or redundancy all possible options. Kalpesh Nakeshree Head of Employment Law at Ware & Kay in York, Wetherby & Malton, outlines the legalities and potential pitfalls of these courses of action. Lay-offs and short-time working If you need to reduce your staff-count for only a short period, you could consider laying off an employee. This involves asking them to stay home or take unpaid leave until you need them on the workforce again. Alternatively, you can ask your employee to agree to short-time working, which sees…