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Wetherby 01937 583210
Malton 01653 692247
News

03 August 2021 Employment advice

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…
28 July 2021 Commercial property

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…
23 July 2021 Events

We are supporting the Ryedale Show by having a Virtual Trade Stand.   We are sorry we cannot be with you in person but we will be back next year! Call any of our team for help or advice on Malton 01653 692247. enquiries@pearslaw.co.uk
21 July 2021 Wills and estates

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…
12 July 2021 Employment advice

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…
06 July 2021 Firm updates

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…
05 July 2021 Family Matters

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…

Many people wrongly assume that buying or selling agricultural property is much the same as any other conveyance. In reality, a property transaction involving farmland can be a complicated and taxing process with many elements to consider. Philip Taylor, property law and agricultural specialist at Ware & Kay Solicitors in York & Wetherby outlines some of the pitfalls involved in purchasing or selling agricultural property and explains why you should engage us as your specialist conveyancer to guide you through the process. The conveyance of agricultural land requires all the usual checks and searches that are needed for non-agricultural property, such as title investigations at the Land Registry, checks for existing easements (rights of way) and planning permissions, as well as local authority, environmental, and water and drainage searches. In addition, agricultural land conveyancing often requires…
05 July 2021 Residential property

If your home is leasehold, you could soon find it cheaper and easier to extend the term of your lease. This will usually make your property more valuable and, depending on how many years your lease has left, it can also make it easier to remortgage and more marketable when you come to sell. As part of its reform of the leasehold property regime, the Government plans to improve the statutory mechanism for lease extensions. Here Philip Taylor, a property expert in the residential property team with Ware & Kay looks at the latest proposals and considers your options if you are a leaseholder. If you purchased a house or an apartment on a leasehold basis then, unlike with a freehold property, you do not own it outright. Instead, you have the right to occupy for…
05 July 2021 Employment advice

Despite the success of the vaccine programme, the impact of the pandemic on businesses will continue for some time. For example, when the furlough scheme ends in the autumn, it is expected that the number of employment tribunal claims will rise and case law will take even longer to filter through to policies and practice. ‘Meanwhile, we are starting to see tribunal cases relating to the Covid risk in the workplace and, so far, the outcomes are generally encouraging for employers,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. ‘Although these are only tribunal decisions and other tribunals do not have to follow them, they offer some reassurance to those employers who have brought in Covid-secure measures.’ In our latest round-up of key employment law cases, Gillian Reid also looks at…
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