Wrigley Claydon Solicitors

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  • What happens to pets in a divorce?

    What happens to pets in a divorce?

    With pet ownership increasing significantly over lockdown and divorce rates rising just as rapidly it raises the question of who gets the pet in the event of a divorce? To many their pet is a part of their family, according to PDSA (People’s Dispensary for Sick Animals) 52% of adults in the UK currently own a pet.

    Despite the significant role that they play in many people’s lives, currently English law does not explicitly consider pets in a divorce. Pets are currently categorised as “chattels”, meaning personal property, similar to a car or furniture. The courts often expect that divorcing couples will agree amongst themselves pet custody and the costs associated with this.

    A joint-custody agreement may be reached where for example the separating couple spend alternate weeks with their pet dog, however, if the courts were to involve themselves in a dispute it would be likely that they will consider the following factors.

    • Who paid for the animal?
    • Who pay the bills such as food, vet etc?
    • Who is named on the microchip?
    • Who is registered as the owner of the pet at the vets?

     

    The court may also consider the financial/living position of both parties, this approach is predominantly financial.

    This disregards the emotional attachment and bond formed with pets.

    In comparison, other European countries, such as Spain, consider a pet as a ‘sentimental being’ meaning they are not objects. This also means that in the event of divorce or separation the animal’s wellbeing is taken into consideration in a similar way to how the English courts take children’s wellbeing as the guiding principle. Do you think the English courts should take a similar approach?

    Additionally, in recent years there has been a rise in ‘pet-nups’. This is a pre-arranged agreement between a couple as to what the care arrangements would be for their pet in the event of separation or divorce. These can be created on their own or as part of a regular pre-nup. The court will consider this pre-arranged agreement if it is made by two fully consenting adults.

    Coming to an agreement amongst yourselves is the best approach as you both understand your pets needs and the bond that you share with them, however, this is not always viable. At Wrigley Claydon, we have an experienced team of family law solicitors that are happy to help and assist with such issue.

  • Man Utd Supporters’ Trust take action after ticket issues

    Manchester United Supporters’ Trust (“MUST”) have threatened judicial review proceedings against Hammersmith and Fulham Council unless more away fans are allowed when Manchester United play Chelsea on 22 October 2022 at 17:30.

    They want the Council to issue a new safety certificate to allow the full allocation of 2,994 travelling supporters. United’s allocation has been reduced to 2,370 because of policing concerns. The Metropolitan Police said that because TV commitments prevented the “high-risk” fixture from starting by 16:45 which, for safety purposes, is the agreed cut-off time with London clubs on weekends, an alternative solution had to be found

    Chelsea Supporters’ Trust said it stands with MUST and also criticised the decision.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation

  • Macmillan’s World’s Biggest Coffee Morning 2022

    Macmillan’s World’s Biggest Coffee Morning 2022

    Photos from our #MacmillanCoffeeMorning event on Friday 30th September, we helped raise money to support people with cancer.

    macmillan coffee morning 2022 september wrigley claydon solicitors oldham manchester todmorden partners

  • Elizabeth Ramus loses court case against her daughter over Millionaire ex-husbands will.

    Elizabeth Ramus has lost a court case with her daughter over her ex-husband’s will.

    Mrs Ramus was married to Chris Ramus, who made his millions selling lobsters in the 1970’s.

    In 2020, Mr Ramus killed himself after struggling to cope with a number of family issues.

    Despite Elizabeth having a £1.6m of her own and having divorced Mr Ramus in 2019 after 48 years, the trust fund was set up to provide a lifetime income for her.

    However, the fund had been left in control of the ex-couple’s daughter Claire Holt.

    Mr Ramus gave his daughter the power to stop payments to her mother at any time but Mrs Ramus argued the will did not make “reasonable financial provision” for her and went to court.

    Mrs Ramus claimed the £1.6m she already had, was not enough and she did not want her financial security “in the hands of her daughter”.

    Claire, who is an executor of her father’s will and trustee, told the court her mother was not in financial need, she was an admitted millionaire and Claire was to “honour her father’s wishes”.

    Judge West dismissed Elizabeth’s claim saying she was “cash rich” and had sufficient assets herself to survive.

    “I am satisfied that the disposition of Mr Ramus’s estate under the terms of his will is such as to make financial provision for Mrs Ramus in the circumstances of the case and that the claim fails.”

     

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Disputed Wills and Estates

  • Oldham Enterprise Trust’s 10-year Anniversary Celebration

    Oldham Enterprise Trust’s 10-year Anniversary Celebration

    Oldham Enterprise Trust’s 10-year Anniversary Celebration, with Sir Norman Stoller at Summit Up, attended by our Assistant Conveyancer Mohammed Hussain

  • Madeleine McCann’s parents lose court case against Portugal detective

    The parents of Madeleine McCann have lost their European court of human rights (ECHR) challenge to the Portuguese supreme court’s decision to dismiss their libel case against Gonçalo Amaral, former detective who implicated them in their daughter’s disappearance.

     

    In 2015, a Lisbon court ordered Amaral, to pay €500,000 to Madeleine’s parents. But an appeal court overturned the decision in 2016 and, in 2017, the supreme court also found against the McCanns.

    The couple went to the ECHR to seek redress, relying on the European convention on human rights – including articles conferring the right to a fair hearing (article 6) and the right to respect for private and family life (article 8) – to argue that Amaral’s statements damaged their reputation, their good name and their right to be presumed innocent.

    However,  7  judges unanimously decided that there had been no violation of article 8.

    The judges ruled the complaint under article 6 to be inadmissible because they said the Portuguese supreme court did not appear to have made comments implying guilt on the part of Madeleine’s parents or suspicion against them.

    The McCanns now have three months to appeal against the decision.

     

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Defamation Solicitors

  • Darlington market trader, Bao Wow, faces legal action over branding by US food giant

    Jonathan and Alicia Horsley who run an independent Pan Asian Street food business called Bao Wow at Darlington Market have been threatened with legal action by Wow Bao a US business based in Chicago which supplies over 500 restaurants across America over their choice of name.

    Wow Bao claim the use of Bao Wow will infringe the Wow Bao Trade Marks under section 10(2) of the Trade Marks Act and would cause confusion on the part of the public.

    Mr and Mrs Horsley say their name is an innocent coincidence but do not have the wish or resources to legally fight it and so are turning to the public to help come up with a name change.

    Suffering a dispute can have serious implications on you and your livelihood and reputation. Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Intellectual Property Solicitors

  • World’s Biggest Coffee Morning – 30th September 2022

    World’s Biggest Coffee Morning – 30th September 2022

    On Friday 30th September, We will be taking part in the World’s Biggest on behalf of MacMillan Cancer Support.

    There will be plenty of tea, coffee and cakes so please do pop in and show your support!

  • Sony PlayStation faces UK class action lawsuit of up to £5bn

    A collective legal claim has been brought in the Competition Appeal Tribunal against Sony PlayStation seeking up to £5 billion in damages for consumers in the UK.

    The claim alleges that Sony breached competition law by unlawfully overcharging PlayStation customers and abused its market dominant position to impose unfair terms and conditions on PlayStation game developers and publishers. This resulted in excessive and unfair prices for consumers every time they bought digital games or in-game content from the PlayStation Store.

    Anyone in the UK who has purchased digital games or add-on content on their console or via the PlayStation Store since 19 August 2016 is included in the claim and is potentially entitled to compensation. It is estimated that damages per individual member of the class is between £67 and £562 excluding interest.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation

  • What is Defamation?

    What is the process of resolving a defamation matter?

    There are several ways you can attempt to resolve a defamation matter, including the following:

    Sending a cease and desist letter

    The first attempt of having a defamatory statement removed, so it no longer causes any problems is by issuing what is known as a cease and desist letter. This demands that the individual or group responsible, entirely removes the content and ensures no further defamatory statements are published in the future.

    Defamation injunction

    If a defamatory statement has already been published and you suspect it is highly likely that another will be published, then it is possible to apply to the court for an injunction. A defamation injunction prevents any more defamatory statements from being made.

    If an individual breaks the injunction, they could be liable to receive a fine or even be imprisoned.

    Pre-action protocol for media and communication claims

    A pre-action protocol is the step prior to court proceedings and is an alternative way to resolve a dispute without the need to go to court. It’s there to encourage the parties to attempt to find an outcome outside of court by having a productive discussion.

    Civil proceedings

    During defamation cases, there may come the point where civil court proceedings are necessary, especially when you have attempted everything else without success.

    How much can you claim for defamation?

    Like most claims, how much you can claim for will entirely depend on the circumstances surrounding the defamatory statement and the impact it has had.

    Once it has been proved that the statement was defamatory, the affected individual or business will be eligible to make a claim and receive defamation compensation. The compensation received should generally cover the damage to their reputation and take into account any distress and humiliation that they have suffered as a result of the statement.

    The court will take into consideration certain factors when making a calculation of what defamation compensation the claimant can receive, including:

    The seriousness of the libel or slander – such as the impact it has had on the individual or businesses reputation

    The extent of the publication – for example, how many people have seen the defamatory statement

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.