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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...
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Creating a commercial database and keeping it up to date is an expensive business and owners of such databases often take precautions to make sure they are not used without permission. One method of doing this is for the owners of databases to plant...
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The recent decision by the Administrators of Peacocks not to honour gift vouchers purchased before the axe fell is likely to further anger consumers who are feeling under increasing pressure and who feel, perhaps with some justification, that the...
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Last year we advised that the Information Commissioner’s Office (ICO) had extended until May 2012 the time for website owners to comply with the new EU "Cookie Law" brought about by the Privacy and Electronic Communications (EC...
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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...
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A former bricklayer from Cornwall, who was paralysed after a car accident left him a paraplegic, has won a landmark legal battle to safeguard the annual payments he is entitled to receive for the rest of his life. Anthony Bennett, now 27, who lives in...
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2011 was another busy year for the Employment team at Withy King! Over the last 12 months, as well as advising our new and existing clients on all of their employment queries we were out and about delivering presentations on hot topics including the Agency...
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Under the Disability Discrimination Act 1995 (now superseded by the Equality Act 2010 ), when deciding whether or not an employer took sufficient steps to comply with its duty to make reasonable adjustments to remove a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...
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PRESS RELEASE Questions raised by law firm Withy King on cuts to Legal Aid in cases of clinical negligence were highlighted by Lord Clinton-Davis in this week’s House of Lords debate on the Legal Aid, Sentencing and Punishing of Offenders Bill. In...
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Withy King is a regular contributor the Insider News South West to help you every month with Business Matters or questions you want to put to the Expert, this month is a Business Matter concerning the changes within Employment Law in 2012, Malcolm Gregory ,...
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PRESS RELEASE A clinical negligence lawyer has condemned today’s news that the Government has agreed to bail out the NHS Litigation Authority (NHSLA) to the tune of £185m. Paul Rumley, a clinical negligence partner at Withy King who is...
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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...
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Tom Gilman has joined Withy King as partner and head of the Private Client team in Oxford, where he will be helping clients with a wide range of personal matters, including Wills, inheritance tax, Powers of Attorney, Court of Protection issues, probate...
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The Forum of Private Business (FPB) has reported a noticeable increase in calls to its helpline from businesses that inadvertently included on their websites images that are protected by copyright and subsequently received demands for payment from the...
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A Brixton café owner recently lost his fight to be recognised as the creator of the recipe for the well known “Reggae Reggae” sauce made famous by Levi Roots on the TV show Dragon’s Den. Anthony Bailey claimed that Mr Roots had...
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Today’s industrial action will have a significant impact on many private sector businesses, as many parents find that their child’s school has been closed for the day. We have put together the following FAQ’s which should assist you in...
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It was looking all so positive from April when we first brought you the monthly property market updates, however September has somewhat put a spanner in the works and the Development Recovery Index (DRI) seems to have dipped, although mortgage...
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Swindon and Wiltshire businesses are invited to get into the holiday spirit at an upcoming networking breakfast with a Christmas theme. The Great Western Business Breakfast , renowned for expert speakers and informative presentations, will for the first...
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It’s a small word, however used loosely, it can have catastrophic (and expensive) effects. Take the recent case of Rainy Sky v Kookmin Bank for example. The particular 'such' in this case went all the way to the...
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Is an employee entitled to be paid for holiday that has accrued during previous holiday years when they were off sick? In the case of Fraser v Southwest London Mental Health Trust , Mrs Fraser was on long term sick leave following an accident at...
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A woman who fell from a boat during a pleasure cruise has been awarded compensation for the injuries she suffered as a result. The woman was at a Christmas party, with colleagues from work, when the accident happened. She and a friend had been dancing and...
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A woman whose hearing was damaged as a result of exposure to excessive levels of noise at work has won just over £1,200 in compensation from one of her former employers. This comes on top of an earlier settlement of £2,700 from a different...
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A pair of Bath entrepreneurs has created one of the largest dance spaces in the city with the help of local law firm Withy King. Brothers Rod and Max Johnson have launched Baroque nightclub (formerly Back to Mine) in Bladud Buildings with the support of the...
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The recent name change by X Factor girl band Rhythmix to Little Mix serves as a timely reminder to those launching a new business or brand name of the importance of checking that the name will not infringe an existing party’s intellectual...
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The Supreme Court has handed down its decision in a case concerning the employment status of 20 valeters who provided car-cleaning services to motor retailers and auctioneers ( Autoclenz Ltd. v Belcher and others ). The valeters had written contracts with...
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A textile factory employee who suffered a serious wrist injury when he slipped at work has won £40,000 in an out-of-court settlement. The man, who is in his 60s, slipped on fluid that had leaked from a textile printing machine. He fell backwards and...
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Our team have recently been successful in securing damages for clients who have been affected by Medical Negligence.
Please read our cases below to find out more information, or alternatively please contact one of the Clinical Negligence team if you have any queries.
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Since April we have been bringing you monthly updates of how the property market has been trending and our thoughts and predictions through our Development Recovery Index (DRI). This is an Index our developer sector team have created to monitor...
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A clinical negligence partner from Withy King solicitors has received an Outstanding Achievement award for his tireless efforts to raise awareness of the devastating impact the Government’s proposed Legal Aid Reforms Bill will have on the most...
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A man who tripped on a raised paving stone in the pedestrian area of a high street has won £5,000 in compensation for his injuries. The area was paved with small granite blocks, one of which was standing proud of the others. The man tripped over it...
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A further case involving injury to a worker as a result of the use of a chemical cleaning product, without adequate health and safety measures having been taken, has seen a caretaker from Walsall receive a £3,000 compensation settlement from his...
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As of the 1st October, new regulations have been introcuced for agency workers and the National Minimum Wage has been increased. For more information please read the articles attached.
If you have any questions or to see how this affects you, please contact members of our Employment team.
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A Bath coffee shop is moving into larger premises, after outgrowing its previous location on Princes Street. Lesley and Maxwell Colonna-Dashwood, owners of Colonna & Smalls, secured the lease for the former gallery space at 6 Chapel Row with the help of...
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A young girl who was left severely brain damaged after complications during her birth has been awarded a seven-figure sum in compensation. Ella Franklin, now 11, was starved of oxygen when problems arose during her mother’s labour. As a result, she is...
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Over the last couple of months we have been updating you on how the property market has been trending through our Development Recovery Index (DRI). This is an Index our developer sector team have created to monitor and provide insight into the...
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An employee wishing to bring a claim of unfair dismissal must do so before the end of the three-month period commencing with the effective date of termination (EDT) of their employment. Where a period of notice is given, the EDT is the date on which this...
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We hope that this month’s postcard has made it through your spam filter…..it really might be quite important and if not, at least interesting! Following a decision back in March of this year, .xxx domain names are now available for...
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In recent weeks, Bath has seen a spate of commercial squatting in the empty shop units in the city centre. Withy King’s Property Litigation team successfully evicted one of these groups in the space of a week. They were selling various...
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As you may be aware, the Bribery Act 2010 came into force in June this year. The Act was brought in as the UK's law on bribery was considered to be out-dated and unsatisfactory because it was unclear and difficult to enforce. The new Act applies to the...
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Greg Callard, a commercial property solicitor at Withy King (left) and Eric Rogers, Regional Head at FCS (right) are pictured at the company’s new premises in Kembrey Park, Swindon. An IT company which provides specialist telephony and computer...
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In April we introduced the Development Recovery Index (DRI). An Index our developer sector team have created to monitor and provide insight into the state of the residential development sector. The June Developer Recovery Index is now ready,...
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Employers will be breathing a sigh of relief as the latest employment tribunal statistics reveal a 10 per cent drop in the number of single claims being brought by disgruntled former employees. The employment law team at Withy King believes the latest...
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An employment law expert and Employment Judge has joined Withy King's nationally-recognised employment team. Mark Emery has joined the firm as a Partner following eight years with a London West End firm and stints in the City and charity sector. ...
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A cyclist who was knocked down by a car that failed to give way has been awarded compensation for his injuries by Market Harborough Magistrates’ Court. The driver of the car, Robin Perry, told the Court that he was making a turn and failed to see the...
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Despite the growing body of medical literature and numerous case reports relating to NHS liability for failing to prevent cauda equine syndrome, Claimant Clinical Negligence Solicitors are still being instructed in relation to numerous cases arising from the...
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A boy from Weston-super-Mare has won £28,750 in compensation after doctors failed to diagnose acute appendicitis when he attended Bristol Children’s Hospital in 2005. Thomas Roberts, who was aged 11 at the time, was taken to the hospital by his...
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A prop designer who made the original Stormtrooper helmet for the Star Wars movies has won his legal dispute with Lucasfilm and has had the green light to sell replicas of the helmet. The filmmaker argued that it owned the copyright in the design drawings...
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The Information Commissioner was heard on Radio 5 last week discussing the serious problem of personal data being illegally traded. He referred to the ‘rogues’ who sell personal data for profit and the ‘knaves’ who are duped...
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If an employee is dismissed following an unfair redundancy selection process, the level of any compensatory award can be reduced if the employer can show that the employee would have been dismissed even if the correct procedures had been followed. This is...
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Last month we introduced the Development Recovery Index (DRI). An Index our developer sector team have created to monitor and provide insight into the state of the residential development sector. We have updated May’s Index with our views...
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The Agriculture and Rural Property Bulletin from Withy King looks at some of the key issues facing those dealing with land and property in a rural or agricultural setting. This edition includes articles on:
- To CAP things off!
- Reviewing the farming business?
- 2's a company!...
- Sustainability & the rural community
- The cream of the crop in divorce
Should you have any questions arising from any of the above articles or any other agricuture and rural query, please do not hesitate to contact a member of the Agriculture & Rural Property team.
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Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment law rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where...
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Welcome to the Summer 2011 edition of the Withy King Corporate Services bulletin, which brings you news and updates from our Employment, Corporate, Commercial Dispute Resolution (CDR) and Technology & Media teams.
In this edition:
- Tendering.....the importance of getting it right
- Osborne plans "bonfire" of red tape
- Companies books are not just book ends
- Careful how you tweet!
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You might be breathing a sigh of relief following the announcement from Information Commissioner's Office (ICO) to give website owners until May 2012 to comply with the new EU “cookie law”. The law means that all websites will have to ask...
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A Withy King solicitor has raised over £17,000 for charity by climbing Mount Kilimanjaro – despite not reaching the top due to illness. Chris Kane, a partner at Withy King solicitors’ Bath office, aimed to scale the 5,895 metre Tanzanian...
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Law firm Withy King has today slammed the Government’s decision to cut legal aid, and vows to continue lobbying for change. The Legal Aid Reform Bill was published yesterday (21 June 2011) confirming the Government’s intention to cut legal aid,...
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An unusual instance of the creation of a statutory will was reported recently, when an application for a statutory will was granted to the daughter of a woman who had suffered a stroke. The applicant’s two half-siblings were found to have forged an...
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Talk to a property developer or house builder at the moment and you will get a wide variety of views as to how well the house development sector is recovering from the most damaging recession in a generation. Our dedicated developer sector team decided to...
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In the latest edition of the Private Client bulletin, we will be discussing the following;
- Disinherited daughter wins appeal,
- Tax amnesties for people with undeclared income,
- Pensions ruling may have major impact on divorce settlements,
- Neighbour disputes may jeopardise house sales,
- A Declaration of Trust gives peace of mind to cohabiting couples,
- As safe as houses.
Should you have any question arising from any of these topics, please feel free to contact one of the Private Client Team.
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A girl has won a settlement of £575,000 after complications during her birth left her with a disabled arm. When Zahra Salim-Jaffer, now 16, was born, the nerves supplying blood to her shoulder and arm were damaged due to shoulder dystocia, a...
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There are some who argue that legal aid, which allows low income families access to legal advice and representation, should indeed be scrapped – particularly for those who use it to fund messy divorces, custody cases or personal disputes. But the...
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The names of employers who breach National Minimum Wage (NMW) legislation are now published by the Department for Business, Innovation and Skills (BIS) under a scheme which came into effect on 1 January 2011. The aims of the scheme are to deter employers who...
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On the back of British Land's, (the UK’s second–largest property group) results showing a rise in the value of its shopping centres, in its portfolio and a modest rise in retail rents, they have revealed their intent for the year ahead by stating...
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A musician who was hit by a car while crossing a road in London has been awarded compensation of more than £1.1 million. Tavenor Douglas, 41, had been out celebrating his birthday on the day the accident happened. He was using a pedestrian crossing...
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Welcome to Withy King's latest edition of the Chartiy & Education bulletin.
We hope one or all of the following articles will be of interest to you;
Should you wish for any more information or would like to discuss any other related topics, please do not hesitate to contact one of the Charity & Education Team.
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A committed Spiritualist has failed in his attempt to persuade the Employment Appeal Tribunal (EAT) that his dismissal from the post of Special Constabulary Trainer was unlawful discrimination under the Equality (Religion or Belief) Regulations 2003 ( ...
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Following a hearing in the High Court, the judge is to rule on who was responsible for the ‘Dreamspace’ artwork accident, which left two people dead and over two dozen injured. The accident happened in July 2006, when the Dreamspace V artwork,...
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Many readers will have heard that Sony has recently suffered a massive data security breach with its PlayStation Network. The Network is still down and the security of over 100 million users has been compromised. The Sony PlayStation Network allows...
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As part of its comprehensive review of employment legislation, the Government has published a consultation document, ‘Resolving Workplace Disputes’. This seeks employer's views on measures designed to improve the Employment Tribunal (ET) system...
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The Department for Business, Innovation and Skills has published guidance for employers and those in the recruitment sector on the Agency Workers Regulations 2010 (AWR), which come into force on 1 October 2011. The AWR will give agency workers the...
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Workplace accidents involving falls from height are regrettably frequent. In 2008/09 there were 35 fatalities, 4,654 major injuries, and a further 7,065 injuries where the injured person had to take three or more days off work due to a fall from height. In...
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The Mayor of London, Boris Johnson has successfully recovered the “backboris.com” domain name despite being unable to establish trade mark rights in “Boris” or “Back Boris” and only being able to establish a trade mark...
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Many people are facing potentially distressing and costly legal disputes over the estates of recently-deceased loved ones who failed to leave or update their will, says Inheritance and Trusts Disputes expert Roman Kubiak at Withy King solicitors. ...
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A compensation settlement has been agreed in the case of a factory worker whose colleague leapt onto him at work, resulting in him suffering serious back injuries. William Jones, 46, was bending down to pick up a tool when a colleague jumped onto his back...
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Two women who had to abandon their careers as beauty therapists, after they developed chronic repetitive strain injury (RSI) whilst working for Virgin Atlantic, have had the level of their compensation awards determined in the High Court. Jayne Evans, 40,...
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The breakdown of a marriage or a relationship can have a devastating effect not only on the couple involved but on their wider family. This is particularly the case for farming families where often other members of the family are involved in the financial...
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In this Spring edition of the Property Development & Planning Bulletin, we will be discussing;
- The Budget 2011 - a discussion of some of the steps set out by the Chancellor to help bring a recovery to the residential development market,
- Cases not to be missed,
- Relaxation of planning rules for change of use from commercial to residential - Consultation.
If you would like more information on these, or any other Property Development & Planning issue, please click here to contact us.
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A shop worker who slipped and fell while reaching for a box has won compensation of £9,600. Elizabeth McLachlan was employed at a branch of the Early Learning Centre in Glasgow as a Senior Sales Assistant. A customer wished to see the size of the box...
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An argument over an estate worth more than £4 million has caused a family rift which looks set to run and run. The case concerned the assets of a Greek Cypriot woman, who died leaving her and her late husband’s estate largely to their daughter....
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As you may know, there has been a lot of uncertainty about the scrapping of the Default Retirement Age (DRA) and its practical implication for employers. The up-to-date position is set out below and previous updates on this subject should be disregarded.
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Tweet A Welsh Councillor has been ordered by a Court to pay damages in what is believed to be the first libel action resulting from comments made on the social networking site; Twitter. The High Court in Cardiff ordered Colin Elsbury to pay...
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At present, providing you have given your employee 6 month’s notice of your intention to retire them and providing that you follow the correct statutory process, you can lawfully retire an employee. However, this situation is changing with effect from...
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Changes introduced under the Charities Act 2006 mean that the Colleges of Oxford and Cambridge have ceased to be Exempt Charities with effect from 1 June 2010 and will face serious questions with regard to their legal status, until they achieve formal...
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A lorry driver whose hearing was damaged at work has received £8,500 in compensation. Charles Haswell now suffers from tinnitus, noises in the ears most commonly described as ringing, buzzing or whistling sounds. The condition was caused by injuries...
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A passenger who suffered serious head injuries in a car accident has been awarded more than £1 million in damages. David Sutton, 25, was travelling in a Nissan car that was involved in a crash with a BMW, on a B-road between Wallingford and Goring in...
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In this Spring issue, please find a discussion on the following;
- Solar Panels, investors - do your homework,
- Attention landlors!....
- Forfeiture of lease,
- How the Localism Bill affects you.
If you would like any further information on any of these issues, or any other Commercial Property matter, please contact one of the Commercial Property team.
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What do sellotape, aspirin and petrol all have in common?...Here’s a hint: they’ve all fallen victim to genericide.
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Recently the business community is looking on with interest at the announcement that the Directors of Farepak, the Swindon based Christmas hamper company that collapsed in 2006, are to face disqualification proceedings under the Directors' Disqualification...
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Perhaps a sad indictment of our sector following news today that Cotswold Geotechnical Holdings has become the first company to be convicted of Corporate Manslaughter following the death of an employee during unsupervised soil.....
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Lord Justice Jackson's review of Civil Litigation Funding and Costs and Lord Young's Health and Safety review proposals, coupled with the Green Paper on Legal Aid cumulatively threaten to make it impossible for anyone who has suffered an injury through...
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Law firm Withy King is warning land and property owners to do their homework before rushing into solar energy opportunities. The warning comes following wide-spread publicity about the benefits of solar energy development, and the rush to acquire suitable...
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Paul Rumley is a partner in the clinical negligence team at Withy King Solicitors in Swindon. The firm also has offices in Bath, Marlborough, Oxford and London. Valentine’s Day is usually a time for the romantics among us to indulge in...
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In the latest edition of the Private Client bulletin, we will be discussing the following;
- Protect Wills & Probate from unscrupulous operators;
- A good time to 'Buy to Let';
- Shared ownership may hold the key for first time buyers;
- Withy King joins call to make pre-nuptial agreements law;
- Keep your house safe from care home fees;
- Mediation to become compulsory.
Should you have any question arising from any of these topics, please feel free to contact one of the Private Client Team.
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In the following issue, we have discussed;
If any queries that arise from reading any of our material or if you have any questions, please feel free to contact Richard Brooks or Andrew Chalk in our Racing and Bloodstock department.
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David Cameron announced a review of the UK’s intellectual property system in November, and the panel of experts were recently revealed. The review will be led by Professor Ian Hargreaves. Professor Ian Hargreaves has said: “ We...
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In this issue:
- A note from the Employment team
- Additional paternity leave for fathers
- More employees entitled to ‘flexible working’
- Scrapping of the default retirement age
- Single equality duty for public sector employers
- Increased benefits for agency workers
- Employer’s liability for corrupt employees
- Increased compensation for unfair dismissal and statutory redundancy and other statutory benefit changes
If you would like more information on these, or any other Employment issues, click here to contact the team.
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Withy King Solicitors is warning of the dangers of not seeking legal advice when giving presents at Christmas following the case of Frenchman and retired electrician, Pierre Le Guennec, who recently claimed he had been given 271 pieces of authentic...
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On 24 th November 2010, the Information Commissioner's Office (ICO) issued its first fines to two organisations for serious breaches of the Data Protection Act 1998 (DPA). Even though both organisations voluntarily notified the breaches to...
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Neill empties Rate Relief Small Business Rates Relief for properties that are empty has been all but scrapped. Currently empty business premises with a rateable value of up to £18,000 a year are exempt from business rates (a...
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In this Winter issue, please find a discussion on the following;
- Know your boundaries
- Forfeiture effects on the sublease
- Judgement support Party Walls Act
- FiTs have an effect on new developments
- VAT increase, how does this affect your lease?
- Decision gives clarity over repudiatory breach on contract.
If you would like any further information on any of these issues, or any other Commercial Property matter, please contact one of the Commercial Property team.
Thank you
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Paul Rumley is a partner in the clinical negligence team at Withy King. As shown in president Linda Lee’s excellent summary piece it is clear that the government has a simple arithmetical problem (over and above the deficit itself). The debate...
