Summerfield Browne Solicitors acted on a litigation dispute for a client against B&Q relating to the fitting of a new bathroom in our client’s property by B&Q.

The litigation claim was successfully resolved by Summerfield Browne to the satisfaction and delight of our client

If you have any similar issues that need resolving then our team can guide you through the process.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.

Do you have a CCJ that you need to set aside?

Our case study below regarding a recent claim shows the way that we can assist with your dispute.

We successfully acted for a client in a successful dispute resolution to set aside a CCJ by consent. Jewson withdrew the claim and there was no liability for costs for our client.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.

There have been numerous cases reported in the press relating to Business Rates disputes with RVA Surveyors (these are not our cases):

https://www.mirror.co.uk/news/uk-news/scam-business-rates-company-rva-12545285

https://www.mirror.co.uk/news/uk-news/notorious-business-rates-firm-rva-12345276

We have been contacted by several businesses encountering problems and we have a team of experts who are able to help. Our case study below regarding a recent claim provides an insight into the way that we can assist with your dispute.

Summerfield Browne Solicitors advised a client regarding a Business Rates Dispute with RVA Surveyors. The matter was to be heard on the fast track and as such had cost implications for both parties. However our Laura Everson advised on and resolved the Business Rate Litigation to the great satisfaction and happiness of our client.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.

A group of Hermes couriers have won their fight to be treated as workers instead of independent contractors in what was described as one of the most significant victories against exploitation of gig-economy workers.

The couriers were incorrectly classified as self- employed and were entitled to receive the minimum wage and holiday pay, and to reclaim unlawful deductions from their wages.

Read the full article here:

https://www.theguardian.com/business/2018/jun/25/hermes-couriers-are-workers-not-self-employed-tribunal-rules

Addison Lee is another company which faced defeat in court over its treatment of workers as ‘independent contractors’ without rights to holiday pay or the national minimum wage.

Read the full article here:

https://www.theguardian.com/uk-news/2017/aug/02/addison-lee-suffers-latest-defeat-in-legal-row-over-gig-economy-rights

Another interesting case is concerning Uber. The Tribunal ruled in 2016 that Uber drivers should be treated as employed workers with rights to minimum wage and sick pay. However, Uber were granted the right to appeal but lost its appeal against a ruling that its drivers should be classed as workers with minimum-wage rights.

Read the full article here:

https://www.theguardian.com/technology/2017/nov/10/uber-loses-appeal-employment-rights-workers

Similar verdicts were reached in cases brought against Uber, City Sprint, Excel and eCourier.

So, what is the difference?

A person is generally classed as a ‘worker’ if:

• They have a contract or other arrangement to do work or services personally for a reward (your contract doesn’t have to be written);

• Their reward is for money or a benefit in kind, for example the promise of a contract or future work;

• They only have a limited right to send someone else to do the work (subcontract);

• They have to turn up for work even if they don’t want to;

• Their employer has to have work for them to do as long as the contract or arrangement lasts;

• They aren’t doing work as part of their own limited company in an arrangement where the ‘employer’ is actually a customer or client.

Workers are entitled to certain employment rights.

An independent contractor is a self-employed person who provides certain services to a second-party called the principal, or to a third -party on behalf of the client. An independent contractor is not under the control, guidance, or influence of the client, and unlike an employee, does not owe a fiduciary duty.

Why Summerfield Browne?

Summerfield Browne Solicitors will aim to reach a final settlement, that will give you and your family, the compensation you need and deserve. Our team of specialist lawyers will robustly negotiate on your behalf, and endeavour to obtain the best settlement for you as soon as possible.

It may be difficult to believe but the main law that relates to the validity of Wills is now over 180 years old. The chances are that if you were to challenge a Will claiming you believe that the Will is invalid you would be relying on an Act of Parliament known as “The Wills Act 1837”.

The Wills Act 1837 contains guidance on the circumstances on when a Will can be revoked (i.e. held to be invalid). These include the following circumstances:

- When a person who has a Will gets married or enters into a Civil Partnership the Will is usually found to be revoked (s18 and s18B, Wills Act 1837). This is the general rule and there are exceptions.

- When a person gets divorced or formally ends their Civil Partnership their Will is revoked (s18A and s18C, Wills Act 1837)

- If the Will is destroyed, then it is revoked (s20 Wills Act 1837).

- If there is a more recent Will, then the previous Will is revoked (s20 Wills Act 1837)

The above examples still apply to Wills in England and Wales and are regularly referred to in court.

By way of example if a grandmother wrote a Will in her 50s and, in her 70s, decided to divorce her husband and re-marry then the Will that she had written in her 50s would usually automatically be revoked. It is for this reason that people are often encouraged to write new Wills when their circumstances change and often people do not do this as they are put off by the financial cost. If there is no valid Will then the intestacy rules will apply and this can lead to family members benefitting from an estate rather than the people that a person actually wants to leave their estate to. This can be upsetting to family members left behind.

If you need assistance with any of the issues mentioned above or you believe that a Will is not valid please get in touch and ask to speak to a solicitor with Contentious Probate experience.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.