As solicitors are so fond of saying this will depend on the facts. In the recent case of McElroy - v - Cambridgeshire Community Services, Mr McElroy was dismissed for attending for work while “smelling of alcohol”. Mr McElroy was suspended and the allegation investigated. Other possible causes and explanations were put forward but at the end of the day the employers concluded that Mr McElroy had indeed attended for work whilst smelling of alcohol and they terminated his employment for gross misconduct. However the Employment Tribunal considered that Mr McElroy had been unfairly dismissed. The reason was that although Mr McElroy attended for work whilst smelling of alcohol there was no proper investigation producing a conclusion that his performance at work was in any way substandard.
The Court of Appeal has now delivered judgment in the case of Ilott –v- Mitson – which concerns a dispute over a Will. A mother left her entire estate to the RSPCA and several other charities excluding her daughter – citing that over 30 years ago the daughter eloped with a boyfriend. The Court ultimately awarded £164,000 to the now adult daughter – who is of limited financial means.
In our view this is not tremendously ground breaking – the statute permitting relatives and dependants to challenge a Will has been in force since 1975.
Perhaps the proper lessons to draw are:-
Not content with indicating an intention to shut the Eastbourne Family Court, the Government are now “consulting” on increasing Court fees. Among the proposed increases is the proposal that the Court fee for divorce proceedings will increase from the current £410 (already dramatically inflated) to £550. Bearing in mind that the Ministry of Justice’s own data suggests that the cost of Court service for a divorce is only £270. In 2015 (the 800th anniversary of Magna Carta) one is forced to wonder at what happened to access to justice.
Lawson Lewis Blakers are very pleased to announce that Ian Morgan has accepted a post with us as Head of our Wills and Private Client department. Ian is based at our office in Eastbourne although he regularly visits our branches in Peacehaven and Lewes.
Ian is a Solicitor with over 15 years’ experience specialising in advising clients concerning Wills, advising in relation to Inheritance Tax and estate planning to include care home fees and the administration of estates of elderly and deceased clients.
Ian is a member of STEP, an organisation for practitioners specialising in this field of work and with vigorous admission standards.
Away from work Ian enjoys spending time with his family and pursuing an interest in Renaissance Italian art!
We are very proud of our team who won the Relate Golf tournament at the Downs Golf Club on the 24th July 2015.Robin Comber and Christos Christou with Ryan Smith and Phillip Mann.The weather was kind to them as they played for a worthy cause.
Well done, our lads
Lawson Lewis Blakers was established as a Solicitors practice in Eastbourne in 1875 meaning that this year we celebrate our 140th birthday!
We have expanded over the years adding offices in Peacehaven (2000) and Lewes (2012).
We will be organising various events with our staff and clients during the year in order to celebrate this milestone.
Lawson Lewis Blakers are members of the Law Society backed “Lexcel” kitemark. The award of this quality mark is made after a rigorous audit of each member firm’s systems – and involves a detailed review of policies, procedures, interviews with staff and partners together with a review of samples of files.
We are amongst one of the first local firms to be audited under the latest Lexcel standard and are pleased to announce that we have passed the audit attracting praise for the robustness of our systems from the auditor.