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News

12 February 2019 News

Empty property is bad news for landlords. It costs money in maintenance and rates, as well as being a possible target for vandals and squatters. To maximise income from property, landlords may wish to seize opportunities for short-term lettings to fill gaps between long-term arrangements. But as Simon Ellis, commercial property expert with Ware & Kay Solicitors in York & Wetherby explains, it is vital to get the paperwork right. ‘If a potential tenant wants to get into your property and start trading and paying rent immediately, you may be tempted to skip the formal paperwork, but this can lead to real problems as business tenants can quickly acquire the right to stay on, which could get in the way of your long-term plans for the property’ explains Simon . ‘The good news is that as…
08 February 2019 News

Where the whole or part of a business is sold, or a contract for the provision of services is transferred, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply. If this is the case there will be an obligation to inform, and in some circumstances consult, affected employees. Failure to do this will usually mean employees are entitled to compensation. Transferring employees’ employment contracts will transfer across to the new business on substantially the same terms and conditions, and any dismissals made because of the transfer which do not have a genuine economic, technical or organisational reason entailing a change in the workforce will be viewed as automatically unfair by an employment tribunal. Given the risks, specialist legal advice should always be taken as Gill Wilkinson, employment law expert with Ware & Kay…
08 February 2019 News

Recruitment processes can only tell you so much about a job applicant. If an individual is active on social media, surely it is prudent for recruiting employers to examine their online profile to find out more? The practice of on-line screening is becoming widespread but, as Gill Wilkinson, employment law specialist at Ware & Kay in York, Wetherby and Malton explains, employers need to be careful about when they screen and what they do with the information they obtain. ‘You cannot assume that just because an individual’s social media profile is publicly accessible that you can use it in the recruitment process’, says Gill. ‘Whenever and however you obtain information about an individual for recruitment purposes, data protection law requires you to balance the individual’s right to respect for private life against your need to obtain…
28 January 2019 Firm updates

Malton & Norton were victorious against Pocklington on Saturday 26 January, 2019 MALTON & NORTON 33pts POCKLINGTON 24pts A THOROUGHLY ENJOYABLE VICTORY! Man of the Match was Tom Foan.               
21 January 2019 Firm updates

  Leading law firm Pearsons & Ward Solicitors, is proud to be supporting local rugby club Malton & Norton RUFC by sponsoring the home match against Pocklington on Saturday 26th January, kick-off 2.15pm. Pearsons & Ward (part of Ware & Kay Solicitors Ltd with offices in Malton, York & Wetherby) enjoy a strong working relationship with Malton & Norton Rugby Club and are continuing to show their ongoing commitment by providing match-day sponsorship. William Browne, Chairman of Malton & Norton RUFC said “A big welcome to Pearson Ward to the Gannock once again for what promises to be a great local derby match between two competitive sides in North One East. Traditionally this has always been one of the toughest encounters in the calendar and Malton are due some revenge on Pocklington who took the…
17 January 2019 Firm updates

Divorce is rarely straightforward, but it can be especially complicated when a farming business is involved. The main priority for farm owners will be to keep the farm running during the divorce process and securing its future viability. But this can be tricky when emotions are running high and livelihoods are at stake. Juliet Walker, family lawyer and agricultural law specialist at Pearsons & Ward Solicitors in Malton explains some of the main challenges when a farming marriage comes to an end. Preserving the business Farms are traditionally handed down through generations, and usually the expectation when a farmer gets married is that the farm will stay in the family. This often means that the farm not only holds a commercial value, but also a strong emotional significance for the farming spouse, who may be keen…
15 January 2019 Firm updates

  When a relationship breaks down, it can be one of the most distressing events many of us will have to endure. There can be a lot to sort out; family finances, arrangements for children and who stays in the house. Most people assume that the only way to end their marriage or formalise a separation involves a visit to court to let a judge make those decisions. Robert Bellhouse Family Solicitor at Ware & Kay in York & Wetherby explains that there is another option, called collaborative law, which offers an alternative option than going to court. “By choosing a collaborative approach, you & your former spouse/partner will both instruct a collaborative lawyer who will support you during a series of meetings aimed at resolving matters amicably.” says Robert. Robert’s top reasons to choose a…
19 December 2018 Financial advice

Christmas is a time for giving, but for many farming families with the prospect of reduced subsidies and much uncertainty ahead, the idea of an expensive festive period can cause concern. However, the end of the year can also be a good time to review your overall finances, re-evaluate your estate and, and if they have not already been used, a useful way to use your annual allowances to reduce your estate for inheritance tax purposes. Gifts of money are usually very well received, but it is important to understand the inheritance tax implications in the long run, especially if a large retrospective tax bill could upset the apple cart and put the future continuation of the farm into jeopardy. But if you are in a fortunate position, lifetime giving can be a tax efficient way…
18 December 2018 Wills and estates

Every year thousands of people die without making a Will, perhaps thinking that their home and their money will simply pass to their partner or children.  However, the legal position is not that straightforward – if someone dies without a Will, there are rules setting out how their money, property and possessions should be divided.  In many cases this won’t be what the person who has died would have chosen. Here are some examples of how the rules apply: Example 1 – married or in a civil partnership Although you might think that everything will pass to your spouse or civil partner, this may not be the case depending on the value of your estate.  Example 2 – separated If you have informally separated but not divorced or legally ended your civil partnership, your…
11 December 2018 Firm updates

Everyone at Ware & Kay would like to wish you a Merry Christmas and a Happy New Year!
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