Articles


Cost of informal arrangements

Sep 10, 2014

A woman who sold her mother’s house in order to buy her a more suitable home has been left with a large legal costs bill as a result of her action. Her mother is incapacitated by dementia and unable to look after her own affairs. The resulting court case shows how important it is for anyone acting on behalf of another person to be scrupulously careful and to take professional advice…

Employee protection from the sun

Sep 10, 2014

In a case which demonstrates that there is a limit to the duties owed by employers under health and safety legislation, the Court of Appeal has rejected arguments that a local authority was obliged to provide sun cream and a hat for a gardener who worked outdoors (Earl v Middlesbrough Borough Council).  The gardener…

Divorcee refused more money

Sep 10, 2014

Separated couples should fix their eyes firmly on the future when signing divorce agreements, as was demonstrated in a recent case in which a former soldier, whose ex-wife had ‘spent her share’ after their split, fought off her bid for a slice of his military pension. The High Court found that the couple had struck a binding deal when their 20-year marriage ended in 2008. Although the ex-wife…

Employment law changes – April 2014

Jul 31, 2014

The following employment law measures came into force on 6 April 2014

Care home workers win Employment Tribunal claims

Jul 31, 2014

Two women who were employed by a care home have succeeded in their Employment Tribunal (ET) claims and been awarded compensation. Ms Tipple, who is a lesbian, had started working for Gainford Care Homes in September 2010. In May of the following year, she helped the managing director of the company, Imran Kaliq, to move some furniture. Shortly afterwards, one of the owners of the business…

Caravan 'Not a dwelling'

Jul 31, 2014

In a recent case, the High Court ruled that a touring caravan which had been brought onto land and affixed permanently was not a 'dwelling-house'. The decision came after the owner of the caravan, who had resided permanently in it for six years without a planning application being made or planning enforcement action being taken, sought a 'certificate of lawful use' for the occupation to…

Court of Appeal issues guidance on child cases

Jul 31, 2014

A recent decision of the Court of Appeal has emphasised the importance of the provision of good quality, relevant evidence in cases involving children. The case concerned a council's decision to place two children up for adoption against their mother's wishes. In such cases, the stakes are high as the future of the child, as well as that of his or her family, is in point. The Court…

Misappropriation case highlights value of using Professionals

Jul 31, 2014

A sad recent case illustrates the wisdom of appointing a professional person to assist when substantial family funds are being administered.  The case involved a disabled woman who received a settlement of £2.6 million in 1999 from Grimsby Scunthorpe Health Authority as a result of negligent treatment at the time of her birth. She suffers from cerebral…

Pre-nup not binding, rules court

Jul 22, 2014

Court rules that wealthy couple's pre-nuptial agreement is not binding

Property use restriction is reasonable, rules tribunal

Jul 14, 2014

In what circumstances can a use restriction on a property be reasonable?

Welcome to the Barrett and Co Articles Library, here you will find articles on many relevant and interesting topics. This section will be updated every few months so check back regularly. If you have any suggestions for articles please email [email protected] or use the Contact Form on the right.

Please note that whilst we make every effort to make sure that these articles reflect the law at the time they are written, they are not maintained as the law is constantly changing and affects each person or business in different ways. If you require specific advice on a matter please call our office or email the relevant solicitor and they will be happy to assist you.

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