York - 01904 716000
Wetherby - 01937 583210
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Wetherby 01937 583210
Malton 01653 692247
News

02 January 2024 Employment advice

With the festive season over, so what better time to start showing appreciation to your team and spark a feeling of goodwill among your hard-working employees. A Christmas bonus and a party may go some way towards persuading them that you are an employer they want to stick with, but there is a lot of competition for good staff. What else can you do to retain first-class workers? Kalpesh Nakeshree, Head of Employment Law at Ware & Kay in York, Wetherby and Malton highlights the options. You can spend a lot of time, cash and energy finding and training up decent staff, and the last thing you want is to lose them just when they have properly got to grips with what you need them to do. It is important then, for bosses to proactively…
12 December 2023 Litigation

Few things are more disconcerting than being told at Christmas, or any other time, that you don’t own something you think you do. In a farming context, this may cover a wide range of situations. For example, a dispute over whether farming assets are owned by an individual, or a farming partnership. In a succession situation, ownership disputes often relate to disputed inheritance of land. “To avoid misunderstandings, often created many decades ago, it is usually best to hold frank conversations, as early as possible, and, above all, write things down,” says Julie Bradwell. Associate in the Litigation Department at Ware & Kay in York, Wetherby & Malton. “The use of professionals particularly accountants, solicitors and others is very often invaluable in preventing later potentially catastrophic disputes amongst farming families”. However many people, even some solicitors…
08 December 2023 Litigation

If someone is occupying land that is registered to you, can they acquire rights over it and successfully apply to be registered as the owner? We are often asked this question by property owners where the boundaries between two properties on the ground do not match what is shown on the plans; sometimes this only becomes apparent where one of the property owners is looking to sell or develop and they then discover that there is an area of disputed land owned by one party but occupied by the neighbour (the squatter). There are two possible scenarios for registered land: the first is where ‘the squatter’ has been in uninterrupted ‘adverse possession’ of the disputed land for at least 12 years before 13 October 2003. This squatter can apply to be registered as proprietor and must…
04 December 2023 Employment advice

On average, each employee in the UK took off 5.7 days due to sickness in 2022, according to figures published by the Office for National Statistics. The estimate of working days lost to UK employers due to sickness or injury reached a new high of 185.6 million in the year. ‘This follows a relatively stable period in the ten years up to the pandemic,’ says Kalpesh Nakeshree, Head of Employment law with Ware & Kay. ‘Sickness absence presents a host of problems for employers, including loss of productivity and increased pressure on colleagues who are covering for the absent employee. Sickness and absence need to be managed well or employers could be exposed to a number of claims such as for disability discrimination, unfair dismissal or personal injury.’ Acas recently updated their helpful guidance on…
01 December 2023 Firm updates

  We would like to send you our best wishes for the festive season and a safe and healthy 2024. We look forward to working with you and continuing to deliver the best possible service.  Christmas and New Year opening times  Our offices will be closed from 4.00pm on Friday 22nd December and will reopen at 9.00am on Tuesday 2nd January, 2024.  If you would like to contact us outside of these hours please use our “contact us” form and someone will get back to you on the next business working day.  Best wishes  The team at Ware & Kay
30 November 2023 Residential property

Real estate transactions involve a complex legal process known as conveyancing. In this guide, we aim to shed light on the essential aspects of conveyancing. Should you have further inquiries or require personalised legal assistance, our team of experienced solicitors is ready to assist you. Call us today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or complete our online contact form. What is Conveyancing? Conveyancing is the legal process of transferring property ownership from one party to another. This comprehensive process involves several key steps to ensure a smooth and legally sound transfer. Below are the fundamental aspects of conveyancing. Pre-Contract Stage There are multiple steps early in the conveyancing process. This includes a Title Check, where your solicitor thoroughly checks the property's title to ensure that the seller has the legal right to sell. Your team will…
22 November 2023 Firm updates

Leading law firm Ware & Kay and Pearsons & Ward Solicitors (with offices in Malton, York & Wetherby) has appointed Heather Mackins as Associate and Head of Residential Property in its Malton office to meet the demand for its services. Heather will focus on advising clients on residential property matters including property sales and purchases for both freehold and leasehold property for registered and unregistered land. She also has extensive experience of dealing with right to buy, shared equity leases, help to buy mortgages, new build, re-mortgages, equity release and transfers of equity. She will also support clients buying and selling at auction, purchasing buy-to-lets and property registrations.  Heather’s expertise will ensure that clients receive the highest standard of legal advice and representation. Originally from Bamford in the Peak District, Heather arrives at Ware & Kay…
03 November 2023 Employment advice

Farming is a demanding business – especially in these financially troubled times – and you need every staff member to be working at the top of their game. If you have an employee who is frequently late or calling in sick, or who is stirring up trouble with constant complaints, it can have an effect on the wellbeing of your livestock, the morale of other workers, and on your profit margin. Strict UK employment laws usually restrict your ability to simply sack a troublesome full-time employee without a long, arduous legal process. However, if you have an employee who is not performing as they should, or has raised a troublesome grievance in the workplace, a settlement agreement can be a useful way of terminating their employment, or resolving a dispute, without fear of repercussions, as Kalpesh…
03 November 2023 Family Matters

Along with the welfare issues to be considered when thinking how to meet your child’s needs, parents who are separating will need to decide on practical issues around the contact arrangements with the other Parent. There are a number of different types of Child arrangements, which vary in terms of the quality of the time spent which occurs. In this article we will focus on the different types of indirect contact and how it might work. ‘Indirect contact means the amount of time a parent has with a child that is not face to face,’ explains a Family Lawyer with Ware & Kay in York. ‘In an increasingly digital age this can now take many formats.’   Why should there be indirect contact? There are a number of different reasons: It is the safest option…
31 October 2023 Wills and estates

Power of Attorney is a significant legal tool, but there are circumstances where contesting its validity may be necessary. If you find yourself asking, "Can you contest Power of Attorney in the UK?" you're in the right place. If you require further clarification or personalised legal assistance, our team of experienced solicitors are here to assist you. Call us today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or complete our online contact form. Can You Contest Power of Attorney in the UK? Under UK law, it is possible to contest Power of Attorney, but certain conditions must be met, and the grounds for contesting must be substantiated. Here are key points to consider: Lack of Mental Capacity The document may be contested if the person granting Power of Attorney lacked mental capacity when signing. Mental capacity is crucial for…
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