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News

20 January 2022 Litigation

As a child, I was oblivious to Uncle Len’s misfortune, writes Julie Bradwell, Solicitor with Ware & Kay. During a lifetime working on the land and loyal service to the landowner, he was promised, by his employer,  the land and house in which he lived, would be left to him in his employer’s Will.  Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust he placed in that assurance of future inheritance, also took away his motivation to pursue other opportunities for better employment, training, or further education. When his employer died, his Will left nothing to my uncle. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about…
20 January 2022 Family Matters

Following the introduction of civil partnerships in 2005 and same sex marriages in 2014, there has been an increase in families and then relationship breakdown between same sex parents.  Finding agreement over issues relating to children can be tricky in any relationship breakdown.  When a same sex couple separate it can raise several unique additional questions regarding arrangements for children and each person’s legal rights when children may be adopted, the parents may benefit from surrogacy or sperm donation, or one partner may have children from a previous relationship. Robert Bellhouse, a Solicitor in the family law team with Ware & Kay in York & Wetherby looks at some of the steps and considerations same sex couples need to bear in mind in relation to agreeing future arrangements for children.   Reaching agreement together In any family…
18 January 2022 Family Matters

The problems in obtaining seasonal labour for British farms hit the headlines with threats of turkey shortages last year, but such pressures can continue well into the New Year sometimes straining marriages to breaking point. January is usually a busy month for divorce lawyers, as couples finally decide that their marriage has broken down irretrievably. While divorce is never easy, with spouses having to agree how to split their assets and make arrangements for children, it can be particularly complex where agricultural assets are concerned. Robert Bellhouse family law specialist at Ware & Kay Solicitors in York & Wetherby explains how it is important to try to preserve the golden goose, by enabling the farm to continue to generate income to support the whole family where possible. He outlines a few of the key considerations for…
14 January 2022 Wills and estates

According to the Alzheimer’s Society, there are almost 885,000 people living with dementia in the UK. Estimates indicate that between 5% and 20% of over-65s suffer from issues which may affect their memory and thought process. No-one wants to consider that they may lose the ability to manage their affairs but planning for this possibility by making a Lasting Power of Attorney is essential. Although it may be awkward, preparing for your future now gives you time to plan carefully and start conversations with your family and those that you trust about your wishes and goals There are two types of Lasting Power of Attorney (more commonly referred to as an LPA). One deals with property and financial decisions and one covers health and welfare matters. You can prepare either or both but both cannot be…
13 January 2022 Employment advice

Now is a time of transition as employees return to the workplace either on a hybrid basis or for all their working time. Employers need to keep in mind the impact of this shift on any employees’ disabilities. The impact of the pandemic on some of your employees’ health may only come to light as employees move away from homeworking.  This article runs through employers’ responsibilities in relation to their employees’ disabilities and key areas to look out for in managing this transition. What is a disability? Employers should not wait for employees to tell them that they have a disability. Instead, you need to be alert to signs of disability. This could mean, for example, if an employee’s performance is below par and there are signs that they are feeling low, it may be appropriate…
12 January 2022 Litigation

Business tenancies 2022 promises to continue to be a time of change for commercial landlords. Protected rent debt The government aims to pass the Commercial Rent (Coronavirus) Bill 2021-22 by 25 March 2022.  The Bill will ring-fence rent debts built up as a result of mandated business closures during the COVID-19 pandemic and introduce a new binding arbitration process aimed at resolving disputes relating to ‘protected rent debts’ where landlords and tenants have not been able to reach agreement on how those debts should be dealt with. A rent will be protected if the tenancy was adversely affected by coronavirus and was subject to a closure requirement during the period (England only) from 26 March 2020 to 11.55pm on 18 July 2021. Landlords who issued court claims for these rent arrears on or after 10 November…
11 January 2022 Litigation

On 21 December 2021, the Court of Appeal handed down judgment in this case concerning the enforceability of a restrictive covenant contained in a 1922 conveyance. The appeal to the Court of Appeal was over whether an area of land in Bath known as the Recreation Ground, commonly called "the Rec" and formerly part of the Bathwick Estate was still subject to a restrictive covenant imposed in a conveyance of the Rec made on 6 April 1922. The claim was brought by Bath Rugby Ltd ("Bath Rugby"), which has a lease of part of the Rec and who wished to replace its existing stadium with a new, larger stadium incorporating various retail and commercial outlets, with associated car parking. The land was subject to an old restrictive covenant that nothing should be "erected, placed, built…
11 January 2022 Family Matters

If you are applying for a financial order as part of your divorce then the court will list your case in for a financial dispute resolution hearing, often called an FDR hearing.  This is a private court hearing and is aimed at trying to assist parties in settling any dispute over finances.  ‘The judge does not make a final decision, but instead tries to encourage the couple to reach an agreement.  It provides an opportunity for everyone to gather in court to discuss all the financial issues and to seek the guidance from an experienced judge on the legal position.  Most disputes can be resolved at this stage, without the need for a final hearing,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. How to prepare for a financial dispute…
11 January 2022 Family Matters

It is a new year, so off with the old and on with the new. Sadly, this also sometimes includes spouses, with divorce lawyers seeing a spike in divorce enquiries in January as the stress of the festive season takes its toll. Divorce for farming families can be particularly complicated, given that farms are often asset rich but cash poor, and their ownership split between the extended family. This sometimes makes it difficult to achieve a fair division of assets between the separating couple, while still ensuring the survival of the farming business. With complexity comes extra cost, especially if all the details have to be thrashed out in court. Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby explains how a fair settlement can be achieved for both parties, while…
05 January 2022 Residential property

A wood burner or open fire is an attractive feature in a property, especially as the nights draw in and temperatures drop. If are buying a property with one, or you plan to install a log burner in your new home, there are important things to consider. ‘Most people know gas boilers and electrical wiring need to meet certain standards but are less aware about the rules for solid fuel,’ explains Philip Taylor, Head of Residential Property in Malton (part of Ware & Kay Solicitors).  ‘This can cause problems further down the line, especially as the regulations in this area are becoming more stringent.’ Here, he explains the issues to look for and how your solicitor can help. Smoke control areas When you buy a property, your solicitor will make pre-contract searches which will show whether…
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