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Legal Articles

Wednesday, Mar-27, 2024

Legal Articles

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Solicitors at McCormicks write regularly for various publications including the press and our quarterly Briefing. To view an article please click on the links below.

Please note that the some of the content may now be out of date or may have been superseded by subsequent legislation. If you have any queries on any of the matters raised in these articles please either contact the author or email us directly.


Family 

October 2023

"International Issues"

Lucy Harbron is part of the Family team. Here, she takes a look at the importance of the process of appeals by looking at a recent landmark Court of Appeal decision that dealt with both legal parentage for same-sex parents and jurisdiction. 

Click here to view the full article


Employment

October 2023

"Vicarious Liability"

Employers might find it strange that they could be liable for the acts of an employee which were well outside the terms of a job description, for example, where a third party suffers injury or harm as a result of an assault. This is known as vicarious liability and it has been looked at again in a recent Court of Appeal (CA) decision. Solicitor, Iain Jenkins, takes a look.

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Family 

May 2023

"Shining New Light"

A new pilot scheme means that for the first time journalists will be able to report proceedings in Family courts, a move which has been welcomed by the head of our Family team, Partner Stephen Hopwood.

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Commercial Litigation 

May 2023

"Breach of Contract"

David Birks is Head of Our Commercial Disputes and Sports Litigation Team. Here, he takes a look at breaches of contract, what they mean and the five questions you need to ask.

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Corporate and Commercial 

May 2023

"Transferring Assets"

Following a series of instructions to transfer assets from members’ clubs to companies, Head of Corporate and Commercial James Towler takes a look at why this can be a good idea.

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Employment

December 2022

"Gender Critical"

The debate around trans-gender and gender critical beliefs is fast moving and at times contentious. It affects many areas of society and has been the subject of a number of employment law cases looking at the rights of individuals to hold beliefs and how those might be expressed. Here our Head of Employment Law Iain Jenkins looks at some of the issues.

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Employment

October 2022

"Don't Let The Sun Go Down On Me?"

This may be an odd title, but it references the “sunset” date being the end of 2023 as set out in the Retained EU Law Bill. The Bill potentially means the removal of certain key pieces of EU-derived law currently retained following Brexit. It also confers very broad powers on the Government to change EU-derived legislation with only limited parliamentary scrutiny.

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Private Client 

October 2022

"To Charge Or Not"

A recent Court of Appeal ruling has provided clarity to Executors and Trustees in respect of their ability to charge their time for acting in these roles during estate administration. As many people will have experienced, the role of Executor can be an incredibly involved one and some estates can take many months, and in some cases many years, to administrate in full. Elaine Lightfoot looks at the issue of expenses.

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Employment 

October 2022

"Making It Up"

Falsifying information on a CV can lead to deep water. Head of Employment Iain Jenkins looks at one recent case.

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Family/Matrimonial 

June 2022

"Cohabitation Misconceptions"

With strong growth in the numbers of couples cohabiting, Lucy Habron, part of our Family department, tackles some of the common misconceptions about legal status.

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Criminal

June 2022

"Hands-Free At All Times"

Changes in mobile phone laws affect all drivers. Criminal Law Executive Kate Develly looks at the implications.

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Criminal 

March 2022

"Harper's Law"

The death of PC Andrew Harper during his response to a burglary incident in Berkshire in September 2019 prompted new legislation to protect those working in the emergency services. Here Partner Peter Minnikin and Criminal Law Executive Kate Develly look at what the new law means.

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Private Client 

March 2022

"Inheritance Tax - New Rules"

This year has seen the introduction of new rules for inheritance tax reporting on estates where no tax is payable. Partner and Head of Private Client Elaine Lightfoot explores the changes.

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Criminal  

February 2022

"Magistrates Court Sentencing Powers"

Brian Nuttney, a Solicitor in our Criminal Department, takes a look at the new Magistrates Court sentencing powers which have recently been announced.

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Corporate and Commercial 

December 2021

"Staying Up To Date"

Some business-related issues crop up with increasing frequency. Our Head of Corporate and Commercial Partner, James Towler, highlights two of those he has recently encountered.

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Criminal Law 

December 2021

"Introduction of Harper's Law and its effect"

After the death of PC Andrew Harper during his response to a burglary incident in September 2019, his wife Lissie Harper lobbied the government to introduce much harsher punishments for those who kill an emergency service worker whilst they are on duty.

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Corporate and Commercial 

December 2020

"Sporting Chance"

Sponsorship deals are bread and butter for many professional sports clubs and individual athletes. The Head of our Commercial Team, James Towler recently played a significant role in advising Leeds on its sponsorship agreements, including SBOTOP, Clipper Logistics, JD Sports, Hisense, VitalityHealth, VitalityLife, VitaltityCar, VitalityInvest, Bet 365, Utilita, EA Sports, eBuyer and LNT Group.

Here James looks at some of the key questions for both sides.

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Employment 

September 2020

"Where do we go from here?

It seems as though the end to challenges on the employment front is not yet anywhere in sight. Head of Employment Law Iain Jenkins takes a look at some of the future possibilities.

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Private Client

September 2020

"New Approach to Wills"

What will the new legislation around the witnessing of Wills mean in practice? Partner Elaine Lightfoot explains.

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Employment 

June 2020

"Future for Jobs"

The Head of our Employment department, Iain Jenkins, has been providing regular updates for employers since the COVID-19 crisis started. Here he looks at the issues around the Job Retention Scheme.

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Private Client 

June 2020

"Willing to Help"

As the impacts of COVID-19 continue to be felt across the world, Partner Elaine Lightfoot has found that many people are making sure their affairs are in order.

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Employment  

February 2020

"Legislation Finalised for Parental Bereavement Leave"

The new right to paid parental bereavement leave will come into force from 6 April 2020. McCormicks Head of Employment Law, Iain Jenkins, takes a look.

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Employment  

Winter 2019

"Christmas Caution Advised"

It is the time of year when employment lawyers will dust down their warnings on the risks which come with the Christmas party and how staff behave towards each other and members of the public.

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Employment  

Autumn 2019

"Workplace Mediation - Blessed Are the Peacemakers"

Making peace in the workplace can prevent issues from escalating. McCormicks Solicitors' Head of Employment Law Iain Jenkins takes a look at the process.

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Employment  

Autumn 2019

"Settlement Agreements - An Overused Cop out or a Common Sense Clean Break?"

Are settlement agreements a common sense arrangement when employers and employees need to part company or are they overused? McCormicks Solicitors' Head of Employment Iain Jenkins sets out the arguments.

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Employment  

Autumn 2019

"Gay Head Teacher Awarded £700,000 Following Finding of Discrimination"

There are no limits to compensation on claims for equality discrimination. Head of Employment Law at McCormicks, Iain Jenkins, looks at the implications.

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Private Client 

Autumn 2019

"Changes on the Cards"

The Inheritance Tax Rules were introduced more than 30 years ago and have since been amended piecemeal by various Acts of Parliament. Our Head of Private Client, Partner Elaine Lightfoot, looks at the current status of potential changes to the Rules.

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Corporate/Commercial 

Summer 2019

"Getting It Right First Time"

Joint owners of businesses are unlikely to see eye to eye every step of the way so having a legal framework in place ensures a sensible way to reach solutions and meet expectations. A shareholders' agreement can help to set a clear path. Solicitor James Towler sets out below a number of provisions that shareholders should consider including in a shareholders' agreement.

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Corporate Crime, Fraud and Risk 

Christmas 2018

"Stay Safe"

The rules on drugs and driving cover not only illegal drugs but prescription medicines as well. Solicitor Sean Wilson from our Criminal Department explains the implications.

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Private Client 

Christmas 2018

"Plan for the Future"

Our Head of Private Client, Elaine Lightfoot, continues to receive numerous instructions from clients wishing to set up Lasting Powers of Attorney or to update existing arrangements. Here she explains the benefit.

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Corporate Crime, Fraud & Risk

September 2018

"Call the Experts"

Expert witnesses can make all the difference if you are charged with a criminal offence, as two recent fraud cases handled by McCormicks have highlighted.

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Corporate/Commercial 

September 2018

"Safeguard Your Brand"

Safeguarding the brand, whether new or established, is important to any business. Solicitor James Towler looks at how to go about it.

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