When an adjudicator in a construction dispute gives a ruling, the decision can only be appealed on a limited number of grounds. One of these is ‘breach of natural justice’, which means that the adjudicator’s decision is so obviously flawed...
Although roads and pavements cannot be guaranteed to be kept safe to use at all times (for example, during exceptionally cold weather, when ice can form quickly), the authority responsible for any public space must take reasonable care to ensure that it is...
The Government has announced its proposals for reform of the employment law system following its consultation, ‘Resolving Workplace Disputes’, and the Red Tape Challenge review of employment law. The aim is to replace overburdensome regulation...
According to a recent ‘Which?’ report, landlords are lazy when it comes to making sure that costs such as insurance premiums and the like, that are passed on to their tenants, represent good value for money. In some cases, it is thought that the...
When a dispute arises concerning the meaning of a contract term that is capable of being interpreted in more than one way, the resolution is normally to be found in the interpretation which is most consistent with common business practice and sense. Unclear...
A recent case ( Whitham v Club 24 Ltd. t/a Ventura ) sheds further light on how an employer should respond if an employee makes derogatory remarks concerning the workplace on a social networking site. Mrs Whitham worked as a team leader at Club 24 Ltd.,...
A journalist whose skin was left scarred after she underwent a cosmetic procedure for a newspaper feature she was writing has won damages from a spa in London. Charlotte Cripps, an arts writer for the Independent, underwent Intense Pulsed Light treatment,...
Wosskow Brown Solicitors are pleased to announce a new addition to their expanding private client team. Having worked with a regional practice for five years, Leigh Purdy, who specialises in family law and probate, fits straight into the new look private...
A consultation on ways of making it easier for social housing providers to evict problem tenants has recently closed. It is proposed that landlords be given the right, in appropriate circumstances, to evict tenants who have been proven to have acted in an...
When a woman updated her will in 2003, she had no way of knowing that a simple change to a precedent document could cause problems for her executors several years later. There was no intention to change one of the main provisions of the will, which was that...
There has recently been a further case on long-term sickness and a worker’s right to accrue untaken annual holiday leave ( Fraser v Southwest London St George’s Mental Health Trust ). Mrs Fraser was on long-term sick leave after she injured her...
When a property is owned by two people as joint tenants (where the title to the property is owned by each of them, so that if one dies, the other inherits the property by survivorship), each of them is considered to be the legal owner of the property. A man...
A North Somerset man has received a six-figure sum in compensation after a mistake during an operation on his heart led to him having to have a pacemaker fitted. Steve Edwards, 51, an NHS manager from Weston-super-Mare, was undergoing treatment for an...
When a supplier to a marquee company was not paid for goods it had supplied, the directors told the supplier that the company was waiting for an insurance claim to be settled, after which payments would be made as usual. In reality, there was no insurance...
Dragons, pandas and vivid dresses. Chinese New Year in Sheffield kicked off in style. The year of the dragon was welcomed by a culmination of traditional food and variety performances at the Sheffield City Hall on Monday. With many turning out to witness...
After years of litigation, a young woman who suffered life-changing injuries when she was hit by a car as a child has been awarded a compensation settlement worth more than £9 million. Leigh Ann Blinkhorn, now 23, was seven years old when the accident...
The Ministry of Justice (MoJ) has now published its response to the recent consultation on proposals to criminalise squatting. The consultation paper, entitled ‘Options for dealing with squatting’ , received over 2,000 responses. As a first...
A man who was almost blinded after an accident at work has won an undisclosed amount in damages. Trevor Watson, 42, was working as a drainage engineer. He was instructed to take his truck to a hydraulic specialist because of a blockage in its jetting...
Under the Disability Discrimination Act 1995 (now superseded by the Equality Act 2010 ), when deciding whether or not an employer took sufficient steps to comply with its duty to make reasonable adjustments to remove a disadvantage faced by a disabled...
Occupy London activists will today learn their eviction fate following a High Court judgement. The protesters, who have camped outside St. Paul’s Cathedral for 3 months, have recently faced a fresh eviction challenge from the City of London...
HM Revenue and Customs (HMRC) have announced that the Mortgage Verification Scheme (MVS), which was developed in co-operation with the Council of Mortgage Lenders and the Building Societies Association and run as a pilot scheme in March 2010, is now fully...
When a Jersey multi-millionaire gave most of his assets away to one of his daughters in the months prior to his death, leaving an estate of less than £100,000 to be shared by all three of his children, it was perhaps inevitable that a legal challenge...
Each month we focus the spotlight on a member of our Wosskow Brown team. This month is the turn of our Accounts Clerk Christine Antoszkiewicz. Q. How long have you worked at Wosskow Brown? I started with glass bagshawe in 1979 and we...
The scheme set up by the Government to assess the value of Northern Rock shares, for the purposes of deciding whether or not compensation was due to shareholders, concluded that without government support the shares would be valueless. A group of...
A woman who lost a filling when she bit into an oven chip has won compensation from the manufacturer of the product. Susan Stapylton, 60, was eating Aunt Bessie’s oven chips. She bit into something solid and dislodged a filling in one of her wisdom...
The Bribery Act 2010 came into force on 1 July 2011. Under Section 2 of the Act, it is an offence for a person to request, agree to receive or accept a financial or other advantage intending that, in consequence, a relevant function or activity should be...
In Williamson & Soden Solicitors v Briars , the Employment Appeal Tribunal (EAT) considered the employment status of a solicitor who was described as a partner of the firm and whose remuneration was by way of a ‘guaranteed profit share’...
A Gulf War veteran who suffered life-changing injuries when he hit a pothole and was thrown from his motorcycle has won an undisclosed amount in compensation from the council responsible for the upkeep of the road. The accident happened in February 2009,...
A recent case illustrates how strong the evidence must be before the presumption that a person making a will has the mental capacity to do so will be overturned. It involved an elderly woman who died leaving an estate of a little under £150,000. Her...
When a house is bought or sold, the prospective purchaser makes what are called ‘pre-contract enquiries’ in order to establish the exact details of the property being bought. These are normally in the form of a standard set of questions with any...
It is common for service charges to be paid ‘on account’ of the annual cost, based on estimates, and a final account to be made up some time after the year end, based on the actual costs incurred. However, not all landlords are diligent about...
There are generally strict time limits that apply when presenting a claim for unfair dismissal to the Employment Tribunal (ET). Normally, a claim must be lodged before the end of a three-month period beginning with the effective date of termination (EDT)....
Most people probably do not realise that a highway authority’s responsibility for keeping the roads safe to use is very limited. In practical terms, so many things can happen to a road that it would be unreasonable for the authority to be responsible...
A shopper who was injured when he tried to lift a faulty box containing flat-pack furniture has won £11,000 in damages. The man was shopping at a major supermarket when the accident happened. He wished to buy the furniture and was attempting to remove...
One of the rules that applies to the administration of estates is that whilst a person appointed as executor under a will can refuse to accept the appointment, once an executor ‘intermeddles’ in the estate, in principle he or she cannot then...
The penalties for engaging in anti-competitive behaviour are very substantial but, recognising that cartel (price-fixing) behaviour is difficult to detect, the Office of Fair Trading (OFT) has a ‘leniency programme’, which operates to give...
When an elderly woman passed away, her daughter, who was her personal representative, realised that some of her late mother’s land was occupied unlawfully by three people. She brought an action against them , seeking to recover possession of the land...
The Ministry of Justice (MoJ) has issued for consultation proposals for introducing fees for those wishing to lodge a claim with an Employment Tribunal (ET) or an appeal with the Employment Appeal Tribunal (EAT). Currently, the system is free to use and in...
A former professional jockey who was injured while working on an equestrian farm has won £22,000 in compensation. Jeffery Kear was working as an equestrian facilities manager at Stockland Lovell, near Bridgwater in Somerset. He had only been employed...
In July, the Equality and Human Rights Commission (EHRC) announced that it had applied to intervene in four cases due to be heard by the European Court of Human Rights, all of which were brought by Christian employees who claimed to be victims of religious...
The UK has been proceeding apace in its attempts to develop ‘green’ energy, and wind turbines are appearing all over the country – including in such seemingly unlikely spots as beside the M25. However, no matter what their benefits as...
Company liquidations have edged up in the first quarter of 2011, with 4,121 companies being subject to winding-up orders. Compulsory liquidations fell by more than 10 per cent compared with the same quarter in 2010, but creditors’ voluntary...
A man who was run over by musician Pete Doherty’s Daimler in 2009 has won an undisclosed amount in compensation at the High Court. Chris Corder, 42, was delivering church newsletters near Hadleigh in Suffolk when the accident happened. He was struck...
Every year the firm's Christmas party presents employees with the chance to relax and enjoy the holiday season. However, it is easy to forget that an employer owes its employees certain obligations, even outside work, when the employer has organised the...
When a millionaire estate agent died intestate, the two women he had been involved with both tried to have his estate distributed according to their wishes. Chris John died leaving an estate worth £5 million. At the time of his death, he had been...
Kiley Tan discusses the roles of the three key areas of business support: The Banker, Accountant and Lawyer. This article was first published in the Sheffield Telegraph, December 2011. You can read this article by clicking on this link . ...
Travis Saint-Germain come out on top in the first Wosskow Brown and Investec five-a-side Cup. Final Result: Travis Saint-Germain 5 King Kenneys 1 Eight teams and fifty-six players from businesses across the South Yorkshire region contested the WB and...
The Health and Safety Executive (HSE) has published provisional fatal injury statistics for the year April 2010 to March 2011 . These show that the number of workers killed in Britain was 171, compared with an all time low of 147 deaths in the previous...
Each month we focus the spotlight on a member of our Wosskow Brown team. This month is the turn of our Trainee Solicitor John Knight . Q. How long have you worked at Wosskow Brown? JK. I have worked at Wosskow Brown for just over 2...
Pet insurance. It's designed to protect some of our best loved assets. However, according to figures released by the Association of British Insurers the fastest-growing insurance crime is now pet insurance fraud. Last year saw a 400 per cent increase...
It is well known that in the UK, the loser in a court case pays the legal costs of the winner. It is often assumed that if, say, your legal costs are £5,000 and you win your case, you will get the £5,000 reimbursed. However, this is normally not...
