News 2013

  • Co-ordinated approach raises the bar for legal serviceCo-ordinated approach raises the bar for legal service

    Many people may wish they could put themselves in their boss's shoes and run the company themselves, but for Caroline Foster that dream became a reality when she traded in her job as a barmaid at The Walmer Bridge near Preston to become the pub's landlady.

    Caroline explains: "I had run my own business before and when the pub went on the market lots of customers and colleagues suggested I should buy it. I looked into it and decided to go for it, without really understanding the full legal complexities of buying such a business."

    Jo Wilcox (pictured left), solicitor from Marsden Rawthorn's commercial property team, exlaborates on the process: "The transfer of a pub into new ownership is a particularly complex transaction because it involves the sale of the business 'goodwill', along with the transfer of the property lease, which requires gaining the brewery's permission and agreeing terms on the new operator's tenancy obligations along with purchase of the fixtures, fittings and equipment. Because Caroline was taking on the pub with its existing employees she also needed to complete a TUPE (Transfer of Undertakings Protection of Employment) transfer of staff.

  • Bank of Mum and Dad urged to protect financial contributionsBank of Mum and Dad urged to protect financial contributions

    Marsden Rawsthorn residential property expert Barbara Haddleton is urging parents to protect mortgage deposits as more and more first-time buyers rely on financial assistance from the 'bank of mum and dad'.

    In the last year, Preston and Chorley-based law firm Marsden Rawsthorn Solicitors has seen an increase in Declaration of Trust registrations.

    A Declaration of Trust is a legally binding written agreement to record the financial arrangement between property owners. The document provides security for individuals who are contributing financially to a purchase of a property or in an event where the property needs to be sold and the equity needs to be divided according to the original contributions, such as after a break up or falling out.

  • Employment Law update. When does Termination of Employment occur?Employment Law update. When does Termination of Employment occur?

    There have been previous cases that we thought had cleared this uncertainty up regarding when does termination of employment occur – culminating in Gisda cyf v Barratt, however, two recent claims have dealt with this issue again and brought it back into the limelight.

    James Bellamy, Employment Law specialist at Marsden Rawsthorn Solicitors comments on these two cases (Secretary of state for Justice v Hibbert and Robinson v Fairhill medical practice).

  • Covert video surveillance – when will it be fair?Covert video surveillance – when will it be fair?

    The Information Commissioner points out in the Employment Practices Code that it will be rare for covert monitoring of workers to be justified. It should therefore only be used in exceptional circumstances and not in areas in which employees would generally and reasonably expect to be private.

    Our Employment Law Specialist James Bellamy comments on James Bellamy, our employment law specialist comments on a recent EAT decision about video surveillance of employees.

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