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Malton 01653 692247
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18 November 2019 Litigation

For most retailers, Christmas is the busiest trading period of the year and with the challenges facing the High Street many will be taking every opportunity to maximise their revenue. However, it is important that tenants and landlords consider their lease and other obligations when planning their Christmas trading activities: Pop-up shops: it is now common for landlords to fill empty space with ‘pop-up shops’ or bars and restaurants. It is important that they check whether planning permission is required and to ensure that the arrangement is properly documented. Although granting a licence to occupy may be convenient, a short term lease which is contracted out of the Landlord & Tenant Act 1954, possibly with an option to break, is a safer route. The building insurance policy should also be checked. Use: Leases…
19 July 2019 Litigation

Uncertainty and risk go hand in hand in the farming industry. As well as the unremitting inconsistency of the British weather, disease, changing eating habits, tax demands and outside political factors are constant worries for farmers in the UK. At Ware & Kay, our specialist agriculture lawyers are widely experienced in recognising and dealing with the many issues and risks involved in the farming sector and strive on a day-to-day basis to minimise the variety of stresses which arise for their many farming clients. Here, Hazel Anyon, agricultural law specialist at Pearsons & Ward Solicitors in Malton outlines four current concerns for farming businesses and offers practical advice on tackling them. Uncertainty of Brexit The UK’s exit from the European Union is currently pencilled in for 31 October 2019, but with the current political turmoil circling…
18 June 2019 Litigation

If you have decided to end your marriage, dissolve your civil partnership, or separate from the person you live with, Robert Bellhouse and the experienced family law team at Ware & Kay can help. Separating couples can find it difficult agree about how joint property such as their home and finances are to be divided. Agreeing arrangements for children is often another area of contention, as emotions run high. However, not all relationships have to end acrimoniously. The process of Collaborative law, provides an alternative way for couples to reach an agreement about their finances and arrangements for children on separation. Using the collaborative process is often quicker than going to court. Under the collaborative process each person and their solicitor attend a series of meetings. Other professionals such as accountants, pension experts and financial…
17 May 2019 Litigation

Not surprisingly, there are various legal issues that need to be considered by landowners before embarking upon your diversification scheme. Johanne Spittle FALA and head of litigation at Ware & Kay solicitors explains that top of your list should be checking whether there are any restrictions that might limit possible use of your land and access to it.  Access It is common for farms and agricultural land to be accessed along private roads or tracks. If use of this road is required for the diversification project, for example to access the proposed farm shop or your commercial development, it will be necessary to establish ownership of the road or rights granted over it at the outset. If access is required over a road or track that is owned by a neighbouring landowner and over which you…
14 May 2019 Litigation

Not surprisingly, there are various legal issues that need to be considered by landowners before embarking upon your diversification scheme. Johanne Spittle FALA and head of litigation at Ware & Kay solicitors explains that top of your list should be checking whether there are any restrictions that might limit possible use of your land and access to it. Access It is common for farms and agricultural land to be accessed along private roads or tracks. If use of this road is required for the diversification project, for example to access the proposed farm shop or your commercial development, it will be necessary to establish ownership of the road or rights granted over it at the outset. If access is required over a road or track that is owned by a neighbouring landowner and over which you…
02 April 2019 Litigation

If you are separated or divorced, you will probably have an arrangement with your ex-partner dealing with where your children live and how often they see their other parent. However, a specific issue might arise not covered by this agreement and on which you do not see eye to eye, for example if one of you wishes to relocate and the other objects. Discussing the issue with a family solicitor as soon as it arises will help you reach an amicable solution. Robert Bellhouse, family solicitor with Ware & Kay in York & Wetherby explains more. Disagreements relating to children Both parents usually have parental responsibility for their children, which means a child’s mother and father both have a duty to make important decisions about how they are raised, educated and looked after. Even parents who…
27 August 2017 Litigation

New rules on the procedure businesses must follow when trying to collect debts from individual customers could mean that you have to wait 90 days or more before you can issue court proceedings.  To limit the damage this may cause to your cash flow it is important to review your credit control procedures now before the new rules come into force on 1 October 2017. Michael Thomas, debt recovery expert with Ware & Kay Solicitors in York, Wetherby & Malton explains what you need to know. Are all business debts affected? Only debts owed to you by individuals are covered by the new rules; however, sole traders are included within the definition of an individual so they are also relevant for some business debts. What do the rules require? The rules - set out in…
22 August 2016 Litigation

When buying freehold premises or taking on a lease you will need to ensure that you have sufficient rights of way in order to gain access to and from those premises.  "It should not be assumed that your premises adjoin an adopted highway, giving you statutory rights of access, although a local highways search will confirm the publically adopted roads in your area,"  Many premises will require access over private roads, for example estate roads on industrial estates will very often be privately owned, and so you will need to ensure that legal rights of way benefit the premises you are acquiring. Establishing your rights of access In order to establish your legal rights, you need to investigate the title to the premises. The title will confirm if any rights have been expressly granted.  If…
15 June 2016 Litigation

There's an old saying that we don't choose our relatives, and equally it's very rare that we choose our neighbours. Fortunately, most of us are lucky to get on with those living next to us.However, for those who are not so fortunate, the time when it was relatively inexpensive to move, if you didn't get on with your neighbours, has long since gone. Apart from the stresses and strains of running battles with those living next door, disputes can be a problem when you come to sell. If you have a dispute with your neighbour, this has to be disclosed to anyone interested in buying your property. Some potential buyers may not be worried about a dispute you have with your neighbours, but many will not take such a relaxed attitude. The moral in all…
15 May 2016 Litigation

There can be all sorts of reasons for lending money to friends or family, from helping loved ones through a tough time, to perhaps putting a deposit down on a property, helping out with home alterations or assisting in the purchase of a car. Understandably we all prefer to take it on trust that we will be repaid and that there won't be any falling out. Things can go wrong, however. We live in tough economic times. The person you lend to might suffer a relationship breakdown or become one of the increasing number who lose their job or are made bankrupt. If you are lending a modest sum of money, which you feel you can afford to lose with good grace, that is one thing. But what about a larger sum of money which…
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