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Wetherby 01937 583210
Malton 01653 692247
Legal updates

28 October 2021 Family Matters

The current economic climate, as a result of the pandemic, has put farming families under increased pressure and pushed many to breaking point and even divorce. Divorce is never easy, but for farming families it can be particularly traumatic and complex – particularly when it comes down to the division of assets required by law when a marriage breaks down. Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby, advises farmers about the legal protections they can put in place to ensure the survival of the farming business in the event of a divorce. ‘As the farm is usually the main source of income for the family, changes in your personal relationship may also dramatically affect your working relationships and the future of your livelihood,’ he explains. Under section 25 of…

20 October 2021 Commercial property

In the recent case of London Trocadero (2015) LLP v (1) Picturehouse Cinemas Ltd (2) Gallery Cinemas Limited and (3) Cineworld Cinemas Limited the High Court considered an application for summary judgment by the landlord in respect of outstanding rent arrears. The Claimant, London Trocadero (2015) LLP, was the landlord of two leases of cinema premises at the Trocadero Centre in London of which the First Defendant, Picturehouse Cinemas Limited, was the tenant. The Second Defendant, Gallery Cinemas Limited, was the original tenant under one of the leases and the Third Defendant, Cineworld Cinemas Limited, was the guarantor of sums due under both leases. No rent had been paid under the leases since June 2020 and the arrears together with service charges at the time of the Court hearing was in the region of £2.9…
15 October 2021 Litigation

As a child, I was oblivious to Uncle Len’s misfortune. 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 the matter. How radically different my uncle and…
05 October 2021 Residential property

Low interest rates combined with high demand for rental properties and a boom in self-catering holidays have fueled growth in property investment. Flexible finance options also make it easier to pool resources to invest in property or to buy a second home with friends or relatives. ‘When buying a residential property with others, there are a number of options for how you structure the ownership,’ Holly Stevens, Head of Residential Property with Ware & Kay in York explains. ‘To decide on the best route, you will need to consider the particular circumstances of each person involved, the property itself and the proposed use. Speak to your solicitor first to discuss the best way to structure your ownership as this can have important ramifications later.’ Consider the risks Buying a property is a major financial commitment and…
05 October 2021 Employment advice

In an episode of the Netflix series House of Cards, the American First Lady Claire Underwood opens the door of her huge refrigerator and stands there cooling off from a hot flush. The scene generated plenty of debate online, as it was a rare case of the menopause being acknowledged in a drama as an everyday occurrence. Like period cramps, the menopause is a health condition which most women will experience at some point, usually between the ages of 45 to 55 and like any health issue it needs to be handled sensitively in the workplace. As Gillian Reid, employment law expert with Ware & Kay in York & Wetherby explains, ‘Employers need to be alert to the HR and legal implications of menopause transition, as failure to take a sympathetic and responsible approach could see…
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