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Legal updates

04 December 2019 Litigation

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26 November 2019 Wills and estates

Many of us are guilty of putting our heads in the sand when it comes to looking at what may befall us in later life. As people are living longer, the incidence of strokes, dementia and loss of mental capacity is becoming more prevalent. Many of us will live to a ripe old age without facing these issues, but nevertheless, a few simple planning meetings with the relevant professionals, will help ensure that things go as smoothly as they can. We are members of Solicitors for the Elderly (SFE) and we will ensure that you have all the legal documents in place to get you what you have planned for and that you have considered the pitfalls that may face you in later life and ways to avoid them if at all possible. Wills…
21 November 2019 Family Matters

Christmas is a magical time of the year for children. There is the anticipation of the presents they may receive, the relief of having a few weeks off school and the excitement of seeing friends and family. The hopes of what Christmas may bring are no different for the children of parents who have divorced or separated, yet lingering there in the background will be the worry of who they are going to spend Christmas with and whether the parent who misses out will be alright. To make sure your child has a wonderful and stress-free Christmas this year, Robert Bellhouse, family law expert with Ware & Kay Solicitors in York & Wetherby offers some useful tips to estranged parents trying to agree arrangements for their children over the festive period. 1. Plan ahead…
20 November 2019 Residential property

A Farm Business Tenancy is a contractual relationship which allows a tenant to rent land or buildings from a Landlord to run an agricultural business. But what provisions should a Farm Business Tenancy include to ensure it is legal and fit for purpose for both parties?  Hazel Anyon, Agricultural Property specialist at Pearsons & Ward Solicitors in Malton explains. Under the Agricultural Tenancies Act 1995, a Farm Business Tenancy arises if it was granted on or after 1st September 1995 and land is used predominantly for agricultural purposes throughout the term of the tenancy. Whilst some terms are statutory and must apply, many terms of a Farm Business Tenancy can be negotiated between the Landlord and Tenant. The Act defines agriculture as including ‘horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping…
18 November 2019 Employment advice

Bowls of fresh fruit and mindfulness sessions are becoming increasingly common in the workplace as employers try to promote the wellbeing of their staff. A successful wellbeing strategy can improve employee attendance and retention, as well as productivity.  It can also help shield you from compensation claims brought by employees for stress-related conditions which may be exacerbated by their work.  Gill Wilkinson, employment law expert with Pearsons & Ward in Malton sets out an employer’s legal obligations for employee wellbeing and suggests initiatives for you to adopt. Stress at work Employers are under an obligation to protect their employees from the risk of injury while at work, including the risk of injury to their mental health caused by the development of depression and anxiety as a result of work-related stress.  Where it can be shown that…
06 November 2019 Residential property

When many of us think about heritage properties, we think of buildings associated with our architectural past: a castle, stately home or elegant Georgian townhouse perhaps. But new developments, such as barn and warehouse conversions, may also be heritage properties if they are listed or in a conservation area. In this article, Philip Taylor, residential property expert with Pearsons & Ward in Malton looks at the different categories of heritage property and the implications for buyers who face the prospect of having to deal with the obligations that go hand in hand with owning a property of historical interest.  ‘If you are considering buying a listed building, a property in a conservation area or a property that appears in a local heritage asset list, then it is important that you speak to your solicitor at…
06 November 2019 Residential property

If you occupy land or buildings, then you will usually be under a duty to take reasonable steps to prevent anyone visiting you being killed or injured or suffering damage to their property.  You will also be under a duty not to do anything which may cause harm to your neighbours. The extent of the duties imposed on you will vary depending on the circumstances but where a breach of duty occurs the consequences could be serious, as Johanne Spittle, Head of Litigation with Ware & Kay in York & Wetherby explains.   ‘We live in a world where anyone who suffers damage or personal injury expects to be compensated’ says Johanne.  ‘This includes people who are lawfully on your property like employees and invited visitors, but also those who are there unlawfully like squatters…
05 November 2019 Employment advice

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim. Your procedures need to be fair and your decisions need to be justifiable. Gill Wilkinson, employment law expert with Pearsons & Ward in Malton offers employers six tips for the fair handling of disciplinary issues.  When to suspend an employee If an allegation of misconduct arises, suspending the accused employee should not be the default response. Instead, you should consider: the seriousness of the alleged misconduct and whether the employee’s behaviour could justify summary dismissal; the risks of further problems if the employee is allowed to remain in the workplace; and the possibility of interference with the investigation if they are…
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