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Legal Articles

Oct 24

Claiming Interest on Commercial Debts

If your business is owed money, the impact on cash flow can be considerable. Whilst the ability to recover interest on late payments does not immediately alleviate the impact on...

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Oct 24

Common mistakes with employment contracts

Employers are legally required to give employees certain key information at the start of the job in what is called a written statement of particulars. This is often set out...

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Oct 24

ACAS, mental health and reasonable adjustments: what employers need to know

Employers are increasingly aware of the importance of supporting employees’ mental health for many reasons, including improved retention, attendance and productivity. Underpinning this is a legal duty to make reasonable...

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Sep 24

Collaborative law and the divorce process

Alright, Stop, collaborate and listen! In 1990, when Vanilla Ice raped this famous line I am sure that divorce or separation were not in his thought process however when thinking...

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Sep 24

Pre-nups – worth the paper they are written on?

A few years ago the question of needing a prenuptial agreement was the preserve of only the rich and famous - a statement of good intent rather than a binding...

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Aug 24

Disclosure on divorce – hide and seek?

I have a confession to make.....I don't watch TV soaps.  I refused to watch "The Split", quite apart from the fact that it was somewhat of a busman's holiday (for...

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Aug 24

Clean break on divorce – a stitch in time?

It is a common misconception that once parties are divorced or their civil partnership is dissolved this automatically ends all respective financial claims against one another. But is this true?...

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Aug 24

Understanding different types of dismissal: a guide for employers

It is always disappointing when an employee does not perform as anticipated or the relationship has turned sour and you wish to part ways. It is important to take legal...

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Jul 24

Departing employees and non-compete clauses

An employee builds up valuable knowledge and contacts during the time that they work for you, but your commercial interests may be vulnerable if they leave and go on to...

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Jul 24

The power of a letter before action in a business dispute

If you are involved in a business dispute, then it is sensible to try to resolve the matter as quickly and cost-efficiently as possible to avoid or reduce the chances...

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Jun 24

Do I have to share my bonus with my spouse if we get divorced?

It is common practice for individuals to be paid bonuses in addition to their basic salary. Often these bonuses can form a significant proportion of an individual’s income.  In the...

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Jun 24

Why are the company directors paid so much and yet my dividends are so low?

As a minority shareholder in a business, you may be frustrated with how the directors are running the company and, in particular, with how much they are taking from the...

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Jun 24

The benefits of a policy for keeping in touch during family leave

Returning to work from family leave can be a significant adjustment for some employees. As well as the practical considerations of childcare and family logistics, there may have been significant...

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Jun 24

The phoenix that rises from the ashes – the company which refuses to die

A guide for directors: what you should know before accepting the appointment.  This is the final article from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner...

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May 24

The wound-up company – it’s not all over yet for directors

A guide for directors: what you should know before accepting the appointment. This is article 9 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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May 24

Wrongful trading – the risks facing directors when the company is insolvent

A guide for directors: what you should know before accepting the appointment. This is article 8 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Apr 24

Keeping (most) family law cases out of court

“…. Like running up the down escalator” - that is how the President of the Family Division, Sir Andrew McFarlane, described the workload of the Family Court in 2019.  Since...

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Apr 24

Can we claim for loss of profits in our business dispute?

Can we claim for loss of profits in our business dispute? The answer may be yes depending upon the nature of the business dispute, your contract with the business partner...

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Apr 24

Becoming a non-executive director – the risk free option?

A guide for directors: what you should know before accepting the appointment. This is article 7 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Apr 24

Personal liability – so much for limited liability

A guide for directors: what you should know before accepting the appointment. This is article 6 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at Raworths. ...

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Apr 24

New compliance rules for business owners introduced from March 2024

Business directors and shareholders are being urged to review and, if necessary, modernise their corporate compliance as new far-reaching company legislation starts to take effect. The new Economic Crime and...

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Mar 24

The probate registry – is no news really good news?

As the old adage goes, “no news is good news”; however can this really be said for waiting for news from the new digitised and centralised Probate Registry? Five years...

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Mar 24

Directors’ loan accounts – the best overdraft you can get?

A guide for directors: what you should know before accepting the appointment. This is article 5 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Mar 24

Pre-nuptial agreements: helping to protect wealth on divorce

Raworths' Head of Family Carmelita Ardren discusses pre-nuptial agreements as an important tool to protect wealth on divorce. Significant family wealth rarely “just happens”. It comes from years of hard...

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Mar 24

DIY Divorce: some common risks and misconceptions

Claire Hunter, Associate in the family law team at Raworths in Harrogate, highlights some common risks and misconceptions about DIY divorce. Consulting a lawyer is viewed as acceptable when buying...

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Mar 24

Divorce: choosing the right approach for you

Raworths’ Head of Family Carmelita Ardren highlights some options available when considering divorce. Is there such a thing as a ‘good divorce’? We think there can be. A ‘good divorce’...

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Mar 24

Employment law update – Spring 2024

This year is a busy one for employment legislation, after a few quiet years.  The Government has backed a number of private members’ bills which are now coming into force....

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Mar 24

Update for employers – new rules for flexible working requests

The right to request flexible working has been around for over 20 years, and in that time eligibility to the right has been extended from parents and carers of young...

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Mar 24

Shareholders – the director’s ultimate master

A guide for directors: what you should know before accepting the appointment. This is article 4 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Mar 24

Mind the gap – sharing pension assets on divorce

Pension assets will often be one of the most substantial assets on divorce or partnership breakdown and can often be as valuable as the equity in the family home (and...

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Feb 24

Defending a product liability claim

Customer safety and satisfaction are vital objectives for any manufacturer or supplier, as you seek to build and maintain a reputation in the market. Quality control plays a key role...

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Feb 24

The Board of Directors cannot agree anything

A guide for directors: what you should know before accepting the appointment. This is article 3 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Feb 24

The top 5 things directors do wrong – including the consequences

A guide for directors: what you should know before accepting the appointment. This is article 2 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Jan 24

You have been appointed – but what kind of director are you?

A guide for directors: what you should know before accepting the appointment. This is article 1 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Jan 24

Travelling abroad with children – a guide for separated parents

Taking your child on a holiday abroad is not always as simple as booking, paying for the holiday and enjoying the countdown. If you are separated from the child’s other...

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Jan 24

An employer’s guide to taking grievances seriously

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management and resources. But a prompt investigation could uncover inappropriate behaviour or poor management that needs...

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Jan 24

Heading off a dispute with a distributor

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but entering into a distribution arrangement with a separate distributor can provide your business...

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Jan 24

How to protect yourself online during your divorce

January has long been reported as seeing an increase in new divorce enquiries following the festive period and the welcoming of a new year. In recent years, technology has further...

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Oct 23

The Inheritance (warning, may contain spoilers)

When you think of depictions of law on TV you might probably think of a gritty court room drama, however Channel 5 recently brought us "The Inheritance" dealing with death...

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Aug 23

Options for enforcing a judgment for payment

Obtaining a court judgment for payment from a debtor can be a huge relief, particularly where a dispute has been contested.  However, enforcing that judgment and actually obtaining payment can...

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Aug 23

Settlement agreements – considerations for employers

Using a settlement agreement to bring an employment relationship to an end, and effectively wipe the slate clean, can be very useful. But, to start the conversation, employers need to...

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Jun 23

Are Humanist Marriages Legally Valid?

The law in England and Wales permits both civil marriage and religious marriage. However, there is no specific provision for marriages to be conducted according to any other system of...

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Jun 23

Surrogacy – time for a change

In recent years, there has been an increase in the number of children being born to a Surrogate. Sadly, surrogacy laws have failed to keep pace. As a result, the...

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Jun 23

How can a business remove a troublesome shareholder?

There are many reasons why shareholders fall out. Most companies in the UK are small owner-managed businesses, which are family businesses or have been started out by friends with a...

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Jun 23

Divorce Leave Scheme proposals – what employers need to know

Many people have experienced a relationship breakdown, be it separation or a divorce, often with significant personal consequences.  It is understandable therefore that this time can be upsetting, stressful, emotionally...

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Mar 23

How can we prevent key evidence being destroyed once our opponents find out about our claim?

Destruction of damming evidence by defendants in anticipation of litigation is a frequent occurrence and can make the difference between a win and a loss at Court.  So how can...

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Feb 23

What is the difference between a warranty and an indemnity?

Warranties and indemnities are frequently included in commercial agreements. Their aim is to provide a right of redress where one party provides to another critical information which later turns out...

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Jan 23

I hate my business partner – what can I legally do?

Business partnerships are like any other relationship.  There needs to be trust, commitment, an understanding as to respective roles and a shared vision. Unfortunately, business relationships can fall apart just...

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Jan 23

What employers need to know about hidden disabilities

Have you ever spotted someone wearing a lanyard with a sunflower as a means of indicating that they have a non-visible disability (also known as a hidden or invisible disability)?...

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Dec 22

My fellow shareholders disagree with my views – what can I do?

For a business to grow and prosper, it is vital that the people at the helm get on and have a shared vision about key issues of strategic importance. Where...

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Dec 22

Disaster planning for businesses – what to do if the worst happens

An emergency can arise from many foreseen and unforeseen situations, the most common being fire, flood, explosions, vehicle impact and spillages. Serious damage to business premises can inflict long term...

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Nov 22

The agreement is signed but it contains an error – what can I do?

If you have entered a business contract which does not, with the benefit of hindsight, accurately reflect the terms that were discussed, or which contains a fundamental error or misunderstanding,...

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Nov 22

How easy is it to challenge a will based upon lack of mental capacity?

Following the death of a loved one, additional upset can be caused by a challenge to the validity of the will by a disappointed beneficiary on the basis that the...

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Aug 22

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not...

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Apr 22

No Fault Divorce – update from 6 April 2022

Having recently had the opportunity to watch the BBC drama “The Split” I found that it highlighted the concerns that many family lawyers have had for a number of years,...

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Mar 22

“I’ve been left a gift in a Will – but I don’t want it”

It might not be often you hear those words but that’s exactly what Rhona said on Emmerdale on Monday (28 February). Upon hearing that her abusive deceased ex-husband Pierce had...

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Dec 21

Can I find out why I have been disinherited?

When a good friend, relative or loved one passes away, it is not uncommon for many to contemplate what decisions the Deceased may have made as to the ultimate destination...

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Aug 21

Bailment: landlords and leftover property

Outgoing tenants often leave property behind at the end of their tenancy and this can create several considerations for landlords: do they have to store these items, and if so...

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Aug 21

The Top 10 Most Seen Disputes Relating to Wills

Jonathan Mortimer, Consultant Partner at Raworths, lists the most frequently seen disputes relating to wills and the administration of estates based upon his experience in the field. The top 10...

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Jul 21

Bailment – What is Bailment?

Although it has such an antiquated name, Bailment is the term given to a very common form of a legal relationship which most people will have experienced. A Bailment can...

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