Latest insights and legal updates
Spring budget 2023: where does it leave carbon capture and storage (CCS)?
The Chancellor Jeremy Hunt announced in his spring budget that he was allocating ‘up to £20bn’ to support the deployment of carbon capture and storage (CCS), with up to £1bn invested per year. He has also reclassed nuclear power as an ‘environmentally sustainable’ energy source, a move designed to boost...Read more on Spring budget 2023: where does it leave carbon capture and storage (CCS)?
23 March 2023
Employee ownership trusts
Have you considered selling your business to an employee ownership trust? In 2022, nearly 500 employee ownership trusts (EOTs) were set up, more than double the number established the year before. At Clarke Willmott, our corporate solicitors across the country are increasingly being asked to advise on the sale of...Read more on Employee ownership trusts
1 March 2023
What are drag-along and tag-along rights?
When selling a company, the priorities of both majority and minority stakeholders must be taken into account. Drag-along and tag-along rights exist to protect the interests of each of these parties respectively. This article explains what drag-along and tag-along rights are, and what needs to be considered when negotiating them...Read more on What are drag-along and tag-along rights?
23 February 2023
Government publishes new consultation on calculating holiday for part-year and irregular hours workers
In January, the government launched a consultation on proposals to deal with the calculation of holiday entitlement for workers who work for only part of the year (such as schoolteachers and teaching assistants who only work during term time) or work irregular hours following the decision of the Supreme Court...Read more on Government publishes new consultation on calculating holiday for part-year and irregular hours workers
21 February 2023
National Family Mediation Week
Last week was National Family Mediation Week, making now an ideal time to review the alternative dispute resolution methods which can be used to assist parties who are separating to reach agreement regarding child or financial arrangements, without the need for court litigation. Mediation It is a statutory requirement for...Read more on National Family Mediation Week
27 January 2023
What are the practical implications of collateral warranty obligations in third party agreements for employers and developers?
Issues to consider before agreeing to obligations that are not fully within your control Collateral warranties are notorious in the construction industry for being forgotten and/or difficult to conclude, but their significance should not be underestimated as neglecting to complete them can leave the beneficiary without recourse should a defect...Read more on What are the practical implications of collateral warranty obligations in third party agreements for employers and developers?
4 January 2023
Developments in enforcing judgments – Key cases of 2022
In turbulent economic times, the enforcement of a court judgment becomes a weightier consideration for anyone embarking on litigation. It is one thing to recover a favourable judgment, but it is something else to enforce it against an unscrupulous defendant. In the words of Lord Bingham: ‘an unenforceable judgment is...Read more on Developments in enforcing judgments – Key cases of 2022
19 December 2022
Married at first sight – but what if it doesn’t last?
Channel 4 and E4 are currently screening the seventh season of Married at First Sight (MAFS), in which couples meet for the first time when walking down the aisle, their future having been determined by a group of relationship experts. For many couples the show signalled the start of a...Read more on Married at first sight – but what if it doesn’t last?
3 November 2022
Fraudulent calumny: poisoning the mind of a testator
If a loved one has passed away and you believe that they were tricked into leaving a Will that they would otherwise have not left behind, you might have valid grounds to challenge the Will through legal proceedings. There are several grounds upon which a Will can be contested, one...Read more on Fraudulent calumny: poisoning the mind of a testator
29 September 2022
Guide to effective mediation: your questions answered
A mediation is a without prejudice meeting between the parties involved in a dispute. It is facilitated by an independent person who has had special training to assist in the resolution of disputes (the mediator). The objective is that the parties will come to an agreement and enter into a binding...Read more on Guide to effective mediation: your questions answered
27 September 2022
Are your business’s terms and conditions enforceable?
Chris Hawkes explains why highlighting onerous terms is important and how to make sure certain terms can be enforced. It is a common practice for a business to issue purchase orders that contain a reference to a website where the customer can find the business’ terms and conditions. The general...Read more on Are your business’s terms and conditions enforceable?
13 September 2022
What can happen when a solicitor does not follow best practice when drafting a Will?
The case of a £100 million estate and a £140 Will In the recent case of Reeves v Drew & Ors  EWHC 159, a private client solicitor had to explain to the court that he charged a multi-millionaire client just £140 plus VAT to prepare his Will because he...Read more on What can happen when a solicitor does not follow best practice when drafting a Will?
8 September 2022
Case study: Clarke Willmott receive £16,000 in compensation for client
Our Medical Negligence team recently acted on behalf of a client, know as AA, after a foreign body was discovered in her abdomen AA had undergone a number of surgeries in the past. Over the years she had suffered from significant ongoing problems, the cause of which could not be...Read more on Case study: Clarke Willmott receive £16,000 in compensation for client
22 June 2022
Inheritance issues for the LGBTQ+ community
What do LGBTQ+ families and individuals need to be aware of? In some ways the law is still evolving to encompass the different forms of family that now recognised and consequently LGBTQ+ families and individuals should be aware of their legal position under Wills and how they stand in relation...Read more on Inheritance issues for the LGBTQ+ community
10 June 2022
Can a divorce financial settlement be reopened?
It is possible to reopen a divorce financial settlement, but extremely rare. In most circumstances, once a financial settlement has been officially recorded in the form of a consent order, the financial ties between the divorcing couple are broken and neither of them will be entitled to make financial claims...Read more on Can a divorce financial settlement be reopened?
10 June 2022
Ten tips on saving money in a divorce
Ensure that your divorce goes as smoothly – and cheaply – as possible. If you’ve come to the decision to end your partnership, be sure to read our tips below before calling in the lawyers. 1. Choose the right lawyer Ideally a Resolution accredited specialist. Not only will they have...Read more on Ten tips on saving money in a divorce
10 June 2022
I’m getting divorced – now what?
Divorce lawyer Adam Maguire looks at what divorcing couples should take into account at the outset. Whether you have already appointed a solicitor or not, the prospect of divorce can be extremely daunting. The introduction of no-fault divorce in April 2022 might help to take some of the heat out...Read more on I’m getting divorced – now what?
26 May 2022
Divorce: frequently asked questions
Do I have to be married for a certain amount of time before I can apply for divorce? You are unable to apply for divorce until you have been married for 12 months. Do the grounds for divorce still apply? No. Since the introduction of the Divorce, Dissolution and Separation...Read more on Divorce: frequently asked questions
6 April 2022
Adultery and divorce settlements
Could adultery affect my divorce financial settlement? It may surprise you to learn that the short answer to this question is ‘no, adultery will not affect your divorce settlement’. When someone believes their marriage has ended as a result of the other party committing adultery, they may feel that, as...Read more on Adultery and divorce settlements
6 April 2022
Guide to international divorce
How to achieve the most favourable outcome At Clarke Willmott, we have considerable expertise in family law and in successfully managing complex divorce cases, especially those where the parties involved have connections with more than one country. International divorces often come with an added layer of complexity, so you can...Read more on Guide to international divorce
6 April 2022