Published Articles

Dean Parnell's picture

Business women must pay for breach of non-compete covenant

A businesswoman who made more than £3 million from the sale of her shares in a social care company – and then promptly set up in rivalry with it in breach of a non-compete covenant – is facing a substantial damages bill.

Kamal Majevadia's picture

Economic surge contains risk warning

With the Institute of Chartered Accountants having revised its business investment forecast for the next twelve months sharply upwards – a predicted growth rate in investment of 8.2 per cent in the spring has now been revised to 8.8 per cent – it is clear that there will be substantial contracts in the offing for many businesses.

Although this represents good news in principle, the 'recovery phase' of the economic cycle is always the most risky as companies seek to finance greater working capital requirements and cash flow is normally tight.

Nigel Mears's picture

Document disclosable when no dispute

When an informal conversation over dinner in a restaurant that included a proposed agreement between a divorcing couple did not lead to a settlement, the court was faced with a decision as to whether matters discussed during the conversation could subsequently be disclosed in evidence.

The circumstances arose when a couple who were divorcing had met for dinner to discuss the settlement of their financial affairs.

Jade Linton's picture

National Minimum Wage for apprentices to rise by more than £1

During his speech to the Liberal Democrat conference on 6 October 2014 Business secretary Vince Cable has said he plans to increase the current National Minimum Wage for 16-17 years by more than £1 an hour, from £2.73 to £3.79.

If his plans go through this will be the first rise in the National Minimum Wage since the recession began.

Fahmida Ismail's picture

You and the law - legal advice from Fahmida Ismail

Your legal questions answered by Fahmida Ismail, Partner at Sydney Mitchell LLP. As featured in Worcester News, Sep 2014. 


Q. What are the rules on pension-sharing in divorce cases? Can I claim half of a pension my husband contributed to before we were married? He joined a new pension scheme when he got a new job. We have no children.

Amanda Holland's picture

A cautionary tale

When a relationship ends the temptation can be to leave the property without dealing with any financial claims which may arise.  If you are married, those financial claims remain open until a court order is made to bring those claims to an end.  This can mean that a spouse benefits from any increase in the value of assets including shares, pensions and property.

Div Singh's picture

Top Tier for Sydney Mitchell in the Legal 500

Leading Midlands Law firm Sydney Mitchell is Top Tier in the Legal 500 once again.  It has been a superb year for the firm which also won the Birmingham Law Society Law firm of the year for 2014.

The firm has obtained recommendations in Corporate and Commercial, Commercial Litigation, Debt Recovery, Insolvency and Corporate Recovery, Employment, Clinical Negligence both claimant and defendant, Personal Injury, Family, Personal tax, trusts and probate, Health, and Commercial Property.

Amanda Holland's picture

Complex divorces to be made simpler

All too often, the wrangling over the financial arrangements on divorce turns out to be lengthy, expensive and a cause of anxiety and anger.

In order to reduce these negative aspects, Mr Justice Mostyn has released a statement outlining procedures designed to enhance efficiency in the disposal of financial remedy cases to be heard by a High Court judge.

Fahmida Ismail's picture

You and the law - legal advice from Fahmida Ismail

Your legal questions answered by Fahmida Ismail, Partner at Sydney Mitchell LLP. As featured in Worcester News, Sep 2014.

Q. I am overweight and work in a call centre. A year ago my manager disciplined me informally and said that “because of my size” I came over as rude and aggressive. I was shocked. Then six weeks ago she said the same thing. My union says it’s not discrimination because it’s not racial or sexual.

John Irving's picture

Goodwill not necessarily a company asset

The way in which a business is structured has many ramifications and can be especially important on sale, as a recent case shows.

It involved a bakery company specialising in the sale of Turkish style products. When the business was sold, the sale agreement showed the owner/director of the company as being the owner of the goodwill of the business. The goodwill was transferred to the buyer for nearly £500,000.

Div Singh's picture

SYDNEY MITCHELL CHARITY GOLF DAY WINNERS - 2014

Insol won the inaugural Sydney Mitchell Charity Golf Day Competition held at Robin Hood Golf Club Course in Solihull on 11 September.  They won with a remarkable 90 points, closely followed by Freedom Technical and Merito Financial Services in third place.  The longest drive was won by Tom Addyman, Santander and nearest to the pin by Ed Hodgson. 

Dean Parnell's picture

Massive fine and disqualification for Director following corporate manslaughter conviction

The fact that the Corporate Manslaughter and Corporate Homicide Act 2007 has real teeth has been illustrated by the announcement of a sixth prosecution under the Act.

Mobile Sweepers Limited entered a plea of guilty to a charge of corporate manslaughter following the death of a casual worker in an accident at its premises in Reading.

Julian Milan's picture

Website watch - is yours legal?

For today’s businesses, websites can be a vital asset, shop window and means of attracting, communicating with and selling to customers at home and abroad. 

The commercial, technological and cultural aspects involved give rise to numerous legal issues and ensuring that your business’s website is compliant and avoiding all the potential pitfalls can be something of a minefield. Here, in no particular order, is a summary of some of the key legal requirements and other risks related to websites:

Julian Milan's picture

Monkey business!

An unusual dispute has blown up between Wikimedia and a professional wildlife photographer over the ownership of copyright in a photograph of a macaque monkey which the photographer asked Wikimedia to take down from its website on copyright grounds. Wikimedia has refused.

Why? For Wikimedia, the photographer has no right to copyright protection because the photograph in question although an original and creative work taken with the photographer’s camera was not taken by his hand.

John Irving's picture

English Law proves decisive in dispute over Mexican lease guarantee

London is the world's number one venue for international litigation and many cases are heard in England which relate to foreign contracts. In one such, the landlord of factory premises in Mexico has won permission to enforce in England and Wales a $10.5 million judgment given by an Arizona court.

The landlord was left out of pocket after the factory's tenant abandoned the premises in 2003, leaving substantial rent arrears. A Bermuda-registered company which had its principal base of business in Hong Kong had guaranteed the tenant's obligations under the lease.

Nicholas Bennett's picture

Leaving digital assets in your will

As the pace of technological change increases new laws struggle to catch up. One point at which this is very obvious is death, or more specifically, what happens to your digital life when your real life comes to an end. (Digital Trend article refers)

Julian Milan's picture

Whose data is it anyway?

When a publisher and the firm managing its subscription database fell out over the database manager's quality of service, the publisher gave the database manager a month's notice to terminate the contract. In response, the database manager refused to release the publisher's data until its outstanding invoices were paid.

Kamal Majevadia's picture

Court cures 'clerical error' in £6.9 million will

The High Court has come to the aid of a family whose grief at the death of a gifted entrepreneur in a motorbike crash was compounded by the discovery of a 'clerical error' in his £6.9 million will.

Before the businessman's death at the young age of 47, he had expressed the wish that his estate, which included his £100,000 collection of classic cars and bikes and £5.4 million in shares, should be divided equally between his partner and five children.

Leanne Schneider-Rose's picture

Changes to Directors' disqualification and company ownership disclosure rules on the way

The Government has announced proposals to make sweeping revisions to the regulations concerning the disqualification of directors.

The changes will generally operate to make the regime more punitive towards directors whose behaviour is deemed to warrant a penalty.

The changes include the introduction of the ability to ban from being a director of a British company a person who is convicted abroad of a criminal offence or who has an unsatisfactory background (for example, having been a director of foreign companies that failed).

Richard Cooper's picture

Disclosure ordered when litigation not dominant purpose of report

When an expert report or advice is commissioned from external advisers, it is important to be aware that the report may be disclosable if its subject matter becomes relevant to litigation.

In a recent case, the buyer of a business resold it some time later, which had the effect of triggering a dispute about the sum due to the original owner under 'resale' clauses in the original agreement for the purchase and sale.

Dean Parnell's picture

Dean Parnell of Sydney Mitchell shortlisted for two legal awards

National Legal Awards Short list Sydney Mitchell LLP Dean Parnell

Partner of Legal 500 regional Law Firm, Sydney Mitchell LLP and former President of Birmingham Law Society, Dean Parnell has recently been shortlisted for two individual awards at the national Law Society’s Excellence Awards.

Mauro Vinti's picture

Relationship break-up and tax

Getting divorced is never a pleasant experience and couples going through the process have a lot to think about. Whilst management of the tax consequences of the split is not normally at the top of their priority list, these can be considerable, even where family income is fairly moderate.

Sundeep Bilkhu's picture

Landlords keep rent paid in advance, rules Court of Appeal

The overturning of a High Court decision concerning rent paid for a period after the end of a lease has restored the status quo in such cases – to the relief of landlords. 

The case concerned a tenant which exercised the break clause in its lease having already paid rent for a period beyond the break date.

Tracy Creed's picture

Who carries the cost of mental illness?

When the state becomes involved in paying for care, there are often complications, as a recent case illustrates.

It involved a mentally ill man who had spent almost half his life detained in psychiatric hospitals. He subsequently became the focus of a row between two local authorities over which of them should cover the heavy cost of caring for him after his discharge into the community.

Leanne Schneider-Rose's picture

Court ruling helps to define insolvency

For what seems to be a relatively easy concept, the meaning of 'insolvency' has proven to be a surprisingly contentious issue for the courts over the years. This is important because when insolvency occurs, the courts can seek to overturn transactions which are deemed to be to the detriment of creditors.

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