Wrigley Claydon Solicitors

Tag: dispute

  • Unfair dismissal and the law

    Unfair dismissal and the law

    As the law surrounding employment and dismissal continues to expand, specialist knowledge on these matters is becoming essential for all employers in order to avoid problems further down the road. One of the most misunderstood matters is unfair dismissal, and as employment solicitors who advise on all employment matters, we have helped numerous companies who are involved with unfair dismissal accusations.

    Dismissal should always be a last resort for employers, and should be carried out only after the company’s procedures for  warnings and investigations have taken place to establish the facts. Many problems which arise between employers and employees are a result of miscommunication and can often be solved with a quiet word and discussion. However, if for whatever reason, you still believe it necessary to dismiss an employee, this must be carried out fairly.

    A fair dismissal means that the dismissal follows company procedure and is executed calmly and professionally, and that the reasons for doing so are reasonable and just. Unfair reasons for dismissal include (though are not limited to) the employee asking for more flexible hours, asking for legal workers’ rights such as break times, asking for time off for maternity or paternity leave or joining a trade union.

    However in many cases, the phrase “unfair dismissal” is taken out of context. Simply because an employee has been dismissed and is understandably upset about this, is not always grounds for a claim. Reasons for fair dismissal include (though are not limited to) a consistently poor job performance, a failure to turn up without asking for leave, drug or alcohol abuse or theft. In these cases, if verbal or written warnings were issued and the problem continued to persist, the employee has no grounds for a claim and you don’t need to stand for it.

    If you or your organisation are wrongly accused of unfair dismissal, despite following both legal and professional procedures to let an employee go, Wrigley Claydon can help. Our team have vast experience in this field and can help you navigate the always ongoing changes to employment legislation, as well as being able to advise you on recruitment policy, pension provisions and employer obligations.

    To talk to one of our employment solicitors, please call us on 0161 624 6811 for more information, or contact us online.
  • Top Tips to Commercial Debt Recovery

    Top Tips to Commercial Debt Recovery

    Top Tips to Commercial Debt Recovery
    1. Identify and know your customer
    2. Provide clear terms and conditions for payment
    3. Set an appropriate credit limit
    4. Ensure invoices are accurate and delivered promptly
    5. Provide simple and efficient payment methods
    6. Have a set procedure for chasing late payment
    7. Pick up the phone and be proactive
    8. Resolve genuine problems
    9. Keep a paper trail
    10. Consider Wrigley Claydon’s specialist debt recovery department
    What Our Clients Say About Our Commercial Debt Recovery Services

    “Shalish Mehta is always successful at claiming money back on the Company’s behalf. Once I have passed my notes onto Shalish he completely takes charge of the facts. His experience gives me great confidence. He has had different issues to deal with on behalf of our Company, all very different, and has approached them very enthusiastically and professionally.

    I would highly recommend Shalish Mehta and Wrigley Claydon to any individual or Company requiring services to collect outstanding payments. His expertise in the field of debt recuperation is exceptional. His service is an asset to support any company.”

    Lesley Pollit – Director of Cosy Toes Nursery Limited – Client

    For more information or to speak to our team about our commercial debt recovery services  please call us on  0161 624 6811

    Team: Vijay Srivastava and Shalish Mehta

  • 700% increase in Will Disputes

    700% increase in Will Disputes

    The number of people choosing to challenge a Will has reached an all time high. Recent High Court figures show that there has been a 700 per cent increase in High Court actions challenging wills over the past five years, while the number of wills declared invalid has almost doubled.

    High profile Will Dispute, Bernard Matthews case

    A high profile example of Will Dispute is the case of Bernard Matthews, famed for his turkey empire. He left his £12 million Saint Tropez villa solely to his French mistress and a £30 million share, of his £40 million estate to his biological heir. His three adoptive children successfully challenged this in the High Court.

    Do you have grounds for a Will Dispute?

    Shalish Mehta, our litigation specialist stresses that if you think you have grounds for complaint then it is important to move quickly, preferably before Probate is granted. “The longer you take to lodge an action the weaker your case may be when it comes to court. Normally an application under the Inheritance Act 1975 will need to be made within 6 months of the Grant of Probate being made. There may be some circumstances when the Court may be prepared to extend the time limit.”

    Shalish highlights what to consider when making a Will Dispute:

    IS THE WILL VALID?
    A Will won’t be valid if: –
    • It is not signed and witnessed properly
    • The person making the Will did not have mental capacity to make a Will.
    • It was made under undue pressure

    THE WILL MUST BE SIGNED AND WITNESSED
    A Will can usually be made only by someone aged 18 years or over. Wills usually have to be in writing and signed by the person making the Will in the presence of two witnesses who are not going benefit from the Will. The witnesses should also not be married to anyone who will benefit from the Will. Whilst the Will might still be valid in these circumstances but the gift might fail.

    THE PERSON MAKING THE WILL WAS MENTALLY CAPABLE
    They must be capable of understanding that they were making a Will and disposing of their assets on death. They must also be capable of understanding the extent of the estate. Capacity may be lacking because of mental illness; commonly Alzheimer’s disease or other forms of dementia.

    UNDUE PRESSURE
    The person making the Will should not be under pressure or duress from any other person to write their Will in a particular way.

    FRAUDULENT OR FORGED WILLS
    Fraud can take a number of forms. For example, you could have been left out of a Will because another person made misrepresentations about you to the deceased. Another example of fraud is where the person who drafted the Will for the deceased left a large portion of the estate to himself without the deceased knowing. Where you suspect there may be fraud the Will can be contested.

    INADEQUATE PROVISION FOR YOU IN THE WILL
    Certain people can still challenge a valid Will if it fails to make reasonable provision for them. The Court has the power, under the Inheritance (Provision for Family and Dependants) Act 1975 to ensure that they are provided for.

    WHO CAN CHALLENGE UNDER THE 1975 ACT?
    There are seven categories of people who can challenge a Will: –

    • A spouse of the deceased
    • A civil partner of the deceased.
    • A former spouse of the deceased who hasn’t remarried
    • Children of the deceased
    • Stepchildren of the deceased
    • A partner who lived with the deceased for at least two years prior to the death
    • Any other person who immediately before the death was being maintained, either wholly or partly by the deceased
    For more information or to speak to our team about a Will Dispute please call us on  0161 785 3534.

    Team: Shalish Mehta

  • What is Civil Litigation?

    Oldham SolicitorsThis area of law revolves around the resolution of disputes. The disputes can be between individuals, families or commercial organisations.

    Civil litigation is a legal dispute where one party is seeking money damages or specific performance rather than criminal sanctions.

    Whether you are a business or an individual unfortunately disputes do arise and debts remain unpaid.

    The Civil Procedure Rules allow an opportunity for resolving disputes without going to court. If court proceedings have to be issued our solicitors competently and systematically deal with the considerable paper work and procedural issues within the Litigation process to bring the case to trial whilst always looking for ways to strengthen the case both evidentially and tactically as well as negotiating; thinking laterally to explore avenues to resolve the case, narrow the issues or avoid a costly trial.

    The cases Wrigley Claydon, your Todmorden and Oldham Solicitors can help you with:

    • Breach of Contract

    • Property Disrepair Claims

    • Defective Goods and Services Claims

    • Construction and Building Disputes

    • Unpaid Invoices and Debt Liability

    • Professional Negligence Claims

    • Landlord and Tenant

    • Intellectual Property

    • Defamation and Libel

    • Neighbour and Boundary Disputes

    • Property Litigation

    • Wills and Probate Claims

    • Partnership Disputes

    • Business Lease Renewals

    We have solicitors both at our Todmorden and Oldham offices who specialise in civil litigation. They work efficiently and methodically, gathering evidence early, analysing the issues involved and advising on the cost effective way of resolving the dispute.

    Throughout this whole procedure we constantly try to support our clients to the best of our ability knowing you are experiencing a challenging and often frustrating time in your life.

    As your Todmorden and Oldham Solicitors we strive to provide a high quality legal service to the people and businesses of our area and wider community.
  • Leases: Break clauses according to property lawyers

    Leases: Break clauses according to property lawyers

    Beware of the Break Clause

    Our team of property lawyers say that it is not uncommon for a lease of commercial property to contain a break clause in favour of the tenant.

    It is, however essential that any tenant with the benefit of a break clause is able to exercise it, otherwise the tenant may be left paying the rent for a property that they no longer want for the full term of the lease.

    It is often the case that break clauses are conditional upon the tenant having paid the rents reserved by the lease (not just the annual rent, but insurance rent and service charge), the tenant having observed and performed the tenant’s covenants of the lease (including redecoration) and leaving behind no continuing sub tenants.

    Such conditions can be a minefield for a tenant as the Courts will strictly construe a break clause and any conditions attached to it. If the conditions of the break clause are not fulfilled, the break notice will be invalid and the lease will  continue until expiry.

    The Code for Leasing Business Premises in England and Wales 2007 (“the Code”) recommends that the only pre-conditions to tenants exercising any break clause should be that they are up to date with the main rent, give up occupation and leave behind no continuing sub-leases. Disputes about the state of the premises, or what has been left behind or removed should be settled later, like with a normal lease expiry.

    Compliance with the Code is not compulsory when a lease is being prepared. The best protection for a tenant is to ensure that the wording of the break clause complies with the Code. If it is not possible to agree such wording the tenant should take great care when exercising a break clause to ensure that any conditions within the clause are met.

    Ideally, expert legal advice from property lawyers should be sought.

    For further help from one of our property lawyers please call or email Gary Burns on 0161 624 6811 / gb@wrigleyclaydon.com.