Article Category: Insight & Opinion

Divorce- Fairness and Financial Independence

Divorce- the misunderstandings Divorce is always a daunting prospect.  There is often the fear of the unknown and worry for the future.  Generally, it is a common misconception that financial provision on divorce favours the wife. There is no starting presumption that the wife should be provided with greater financial provision than the husband, however… Read more »

Parental Alienation: Where Subtle Negativity has an Impact

Father’s day is a time to acknowledge the importance of Fathers. For most, it is a day of recognition and togetherness. However, for some, the day may be an unhappy reminder of time lost with their children or a time to recognise the signs of parental alienation. When a relationship between adults fails, any number… Read more »

Contentious Probate: how to deal with relatives squabbling over the estate

Contentious Probate Q&A My father has recently passed and I am the executor of his estate. He had a lot of personal effects, which my relatives are squabbling over. What should I do? These personal effects are called chattels. As executor, it is your duty to collect his personal effects and distribute them to the beneficiaries of… Read more »

Landowner’s Rights – Energy and Infrastructure

As a property lawyer specialising in agriculture, I’m regularly asked to advise clients on existing or proposed landowner’s rights for energy and communication providers. These rights fall into two main categories: Easements – the right of one landowner to make use of another nearby piece of land for the benefit of his own land Wayleave… Read more »

Selling a Business: Make your Business Fit for Sale

Selling a business can involve many hard decisions. We often see the emotional attachment that owners and family members have to their business and the soul destroying impact when the buyers’ advisers embark on the due diligence process.  This scrutiny can result in flaws that owners didn’t know existed being revealed, hence achieving the objective… Read more »

Making a Will: Will Writer v Solicitors

Will writing is not currently regulated so anyone can write a Will. If you want to, you can write a Will yourself by picking up a will pack from your local post office or newsagents. It is also now possible to attend a course to learn how to write a Will in a day, for… Read more »

Disciplinary investigations: Beware of the pitfalls

Disciplinary investigations are the foundation of any disciplinary proceedings. The investigation needs to be both fair and reasonable, impartial and the accused must have the opportunity to comment on relevant documents and evidence. The recent case of Mr M Whittaker v Governing Body of Sutton Oak Church of England Primary emphasised the importance of these,… Read more »

Redundancy: Law Firm Made its Staff Redundant by Text Message

A collapsing Oldham law firm, Broadway Legal Limited trading as Broadway Solicitors, who made redundancy announcements to its staff by text message have been ordered by an Employment Tribunal to make a protective award of 90 days’ pay to one of its employees.  What happened in the redundancy case? The Claimant, Mr Evans, brought a… Read more »