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

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 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 Pearsons & Ward in Malton 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 an employer…
01 October 2021 Firm updates

Leading Yorkshire Law Firm Ware & Kay Solicitors (with offices in York, Wetherby and Malton) has announced a new key appointment.  David Hyams will assume the role of Managing Director from 1st October to drive the firm forward and deliver its growth strategy. Ware & Kay, a full service law firm continues to go from strength to strength, providing a high quality and personal service to clients.  David, who has been a Director and Head of Commercial Property since 2003, will now head up the firm as part of the strategic plan for the future. Having considerable operational experience, David will be bringing a wealth of managerial insight to the role and will work closely with his colleagues across the firm’s other offices. This appointment will help take the firm to the next stage of its development…
22 September 2021 Litigation

New Regulations which come into force on 30 September 2021 (The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021) mean that from 1 October 2021 the notice periods for Notices Seeking Possession of residential properties let on assured tenancies and assured shorthold tenancies will revert to pre pandemic periods. This means that landlords serving Section 21 notices will from 1 October 2021 only need to give 2 months’ notice that they require possession. Landlords serving Section 8 notices where they are relying on unpaid rent grounds (Grounds 8, 10 and 11); deterioration of the property (Ground 13); damage to furniture (Ground 15); other breach of a tenancy obligation (Ground 12) or a false statement that induced the landlord to grant the tenancy (Ground 17) will be able to return to giving…
21 September 2021 Litigation

Court fees are set to increase as the government seeks more to fund the Court and Tribunal service.  The Government launched a consultation in March 2021 on increasing selected Court fees and help with fees income threshold in line with inflation, and to backdate increases to feed by inflation to 2016 (the last year that fees were increased). It is estimated the change will raised up to £17m extra every year for HM Courts & Tribunals Service and reduce the burden on the Treasury for funding the system. There were 89 responses to the consultation period. Respondents were split on whether they agreed with the proposal that fees should be increased periodically in line with inflation. 61% of respondents disagreed with the proposal to apply inflation (backdated to 2016 or the year the fee was last…
16 September 2021 Wills and estates

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  Julie Bradwell a Litigation Solicitor specialising in Contentious Probate gives an overview of the various ways to contest a Will or make claims against an Estate. What are the grounds for contesting a Will or estate? Claim under the Inheritance (Provision for Family and Dependants) Act 1975 If you have been left out of a family member or a friend's Will, or if you do not think you have been left enough under a Will, then you may be able to make a claim for reasonable financial provision under the above Act. There are a number of criteria which any potential claimant will need to satisfy…
15 September 2021 Wills and estates

Ryedale Charities Together Make a Will Week Monday 4th – Friday 8th October 2021 Put your affairs in order and help Ryedale Charities Together. During Will Week (4th to 8th October 2021), we will waive our fee for making or updating simple wills, in return for a donation to Ryedale Charities Together. The minimum donation is £150 for a simple single Will and £250 for a simple double Will. For Wills requiring specialist advice a fee can be agreed in advance. To take advantage of this offer, contact us and make an appointment during Will Week, October 4th to 8th. Appointments can be booked during this week to take place at a later date. Please contact Emma Elwess, Lynne Smith or Laura Carter on 01653 692247.
10 September 2021 Family Matters

While it is not always easy for a couple who have separated to agree arrangements for their children, it can be even more of a challenge for farming families especially at this time of day.  Early starts for milking, and the long hours required at harvest can add to the stress, especially if a family cannot enlist the help of grandparents for school runs, after-school clubs, and wraparound care. The Covid-19 pandemic has been hard on children as they were repeatedly parted from their friends and their studies for extended periods, due to numerous lockdowns and self-isolation rules. No sooner were they back into a reassuring routine at school, albeit a routine featuring face coverings, social distancing and class bubbles, the summer holidays kicked in, again spelling separation from friends and a break from the reassuring…
03 September 2021 Residential property

The pandemic has seen record numbers of us undertaking DIY projects or getting tradesmen in to improve our homes. Our enthusiasm shows no sign of abating either, with the waiting list for builders stretching into next year. Philip Taylor, Head of Residential Property with Pearsons & Ward agrees this trend is likely to continue and adds some words of caution, ‘Always make sure you get any necessary approvals, or you could run into problems when you come to sell your property.’ Here he looks at some of the issues, and how to ensure your home improvements do not cause problems when you later put your home on the market. Planning permission, do you need it?  Not all alterations require planning permission. Generally, you will only need it if your proposed works constitute development. This has a…
Filter Articles
Contact us