Celebrating women in the law over the past 100 years

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100 years ago the first woman was admitted to the Law Society of England & Wales.

In fact the following momentous achievements for women all happened in 1922:
• Dr Ivy Williams was the first woman to be called to the Bar in May 1922. She did not practice as a barrister but became the first woman to teach law at an English university.
• Helena Normanton became the first woman to practice as a barrister in England. Helena was called to the Bar in November 1922 and went on to become the first female counsel in cases at the High Court of Justice, and the first woman to obtain a divorce for a client.
• Carrie Morrison became the first woman admitted as a solicitor in England and Wales in December 1922. Maud Crofts, Mary Elizabeth Pickup and Mary Elaine Sykes also passed their Law Finals Examination at the same time but Carrie was the first to complete her articles and be admitted to the Law Society Roll.

The fight for equality in the legal profession actually started decades earlier. It was in 1878 that Janet Wood became the first woman to complete a law degree in the UK. Even then women were only permitted to take a ‘Special Exam for Women’ which was offered as an alternative to the men’s degree exam.

Some 100 or more years later the fight for equality in the legal profession continues and every year all women in the profession celebrate new milestones for equality and diversity.
• In 2017 Lady Hale was appointed the first woman President of the UK Supreme Court.
• In 2018 the Supreme Court saw its first female-majority panel hear a case – with Lady Hale, Lady Black and Lady Arden sitting as three out of five judges to hear the case re D.
• In 2019 Elizabeth Johnson became the first female chartered legal executive to be appointed a judge.

At Adams Harrison we are proud of our balance of male and female leaders

In December 2022:
• The firm is owned by an all-female partnership, comprising Shoshana Goldhill; Melanie Pratlett and Jennifer Carpenter. Other partners include Richard Booth and, as of 1st January 2022, we welcome Jack Stewart as a partner.
• Equality and Diversity is integral to our working practices and recruitment plans
• As at December we are made up of:
• Six female and four male qualified lawyers
• Two female unqualified lawyers
• One female and one male trainee solicitors
• One female practice manager

There are more achievements to be made for equality and diversity in the legal profession and we are excited to be part of the journey.

Is A Worker Or Employee On Long-Term Sick Still Entitled To Be Paid Statutory Holiday Entitlement?

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A worker or employee on long term sick is entitled to be paid holiday entitlement under the Working Time Regulations 1998 even though they are absent from work.

Holiday entitlement continues to accrue even if an employee is absent due to sick leave. On return to work the employee is entitled to take the paid holiday which has accrued that they have not taken during the period of sickness absence.

If he or she is dismissed or leaves the employment before taking any accrued holiday he or she will be entitled to pay in lieu.

Case law has even established that when employment is terminated by the death of a worker/employee his or her right to be paid for accrued but untaken holiday under the Working Time Regulations does not expire but passes to the deceased’s estate.

Invalid Will

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There are a number of legal reasons why a will made may be invalid. This article deals briefly with the situation where it cannot be proved that the will was properly executed.

Legal requirements

It is Section 9 of the Wills Act 1837 that sets out the legal requirements for how a will should be executed. This includes that a will must be in writing and signed in a particular manner by the testator (person making the will) and their witnesses.

Case law has held that only the strongest of evidence will rebut the presumption that a will was properly executed.

There have certainly been some interesting cases over the years:-

In Marley v Rawlings in 2012 mirror wills were prepared for a husband and wife to execute. However, their solicitor unfortunately gave them the wrong will to execute. The Supreme Court held even though the wrong spouse had signed the will it could be dealt with under Section 20(1)(a) of the Administration of Justice Act 1982 on the basis that it was a clerical error and it was clear what each of the testators had intended.

But in Barrett v Ben and others in the same year the Court of Appeal said that the testator’s sister signing the will made it invalid because there was not sufficient evidence that the sister had signed it at the direction of the testator.

There have been cases that have come before the courts where witnesses have not signed the will but as long as they saw the testator sign the will and have provided their personal details they could, after the testator’s death, be able to give evidence that they had witnessed the will signing. Therefore, such wills have been valid.

Why is it important?

Whether a will is valid or not can make a huge difference to how the deceased’s estate will be administered. If there was only ever the invalidly executed will prepared by the deceased then it will be treated as if he/she died intestate (with no will) and therefore the intestacy rules will dictate who the beneficiaries are. If one or more previous wills were made during the testator’s lifetime then if the last will prior to the invalid will can be proved then the estate will be administered in accordance with that. Therefore, there can be every benefit sometimes in a beneficiary that has recently been disinherited arguing that the last will of the deceased is invalid.

What do you do if the will is invalid?

You will want to stop the invalid will being used to obtain the grant of probate and the estate being administered in accordance with its terms. Applying for a caveat at the Probate Registry is the first step. However, you will need legal advice as to whether you have good grounds to be challenging the validity of the will.

How can you find out more about the circumstances in which a will was made and/or executed?

If a will was professionally prepared by a will writer or solicitor they are under a legal obligation, further to a case of Larke v Nugus and Law Society Guidance to provide details about the will making after the testator’s death to anyone likely to have an interest in the deceased’s estate.

For legal advice on this area contact us – whether you are the executor, beneficiary or a family member.

National Minimum Wage – Enforcement

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The Government has just announced the new rates of pay for National Minimum Wage (NMW) that will take effect on 1st April 2023. The new rates of pay compared to those currently in place are:-

  • Age 23 or over (NLW rate): £10.42 (up 9.7% from £9.50).
  • Age 21 to 22: £10.18 (up 10.9% from £9.18).
  • Age 18 to 20: £7.49 (up 9.7% from £6.83).
  • Age 16 to 17: £5.28 (up 9.7% from £4.81).
  • Apprentice rate: £5.28 (up 9.7% from £4.81).

What can you do as a worker or employee if you are not paid the correct rate?

Even if you have agreed to accept a reduced rate, lower than National Minimum Wage you still have a claim.

Any agreement by a worker/employee to be paid a lesser rate is void.

A number of claims could be available to you:-

  • Unlawful deduction from wages
  • Breach of contract
  • Unfair dismissal
  • Detriment

Strict time limits apply so seek our advice early.

Unlawful deduction for wages

This is a claim that you have not been paid the correct amount and therefore, the difference in your actual pay and the NMW amounts to an unlawful deduction. Such a claim must be brought within three months of the date you received the pay. However, if the pay you are receiving is lower than NMW on an ongoing basis then you will be able to claim at any time within three months of the last payment. Relatively recent changes to the law though mean you can only claim back for a maximum of two years.

We would assist you in calculating the arrears of pay and the period for which you could claim.

Unfair dismissal and Detriment

If you are dismissed because you have sought to ensure that you received the correct rate, or because your employer has been prosecuted for an offence for failing to pay NMW under The National Minimum Wage Act 1998 then this will be automatically unfair.

This means you do not need a specific length of service to be eligible to bring a claim for unfair dismissal

If you suffer any detriment as a result of:

  • becoming or being eligible for NMW
  • taking action to ensure you receive it;
  • or your employer being prosecuted for an offence relating to NMW

then you can bring a detriment claim for compensation. The Employment Tribunal will award such compensation as it considers just and equitable in the circumstances.

If you are a worker and you are fired because you have asserted your rights regarding NMW then although normally workers cannot claim unfair dismissal (as this is only available for employees) you can advance an unfair dismissal or detriment claim in this situation.

In these cases it will be assumed that the worker qualified for the NMW unless then employer can prove otherwise.

The worker/employee bringing legal action is just one consequence for the employer of failing to adhere to the NMW and the National Minimum Wage Act 1998. There are criminal proceedings, civil enforcement and public naming of organisations.

Contact our employment law specialist, Jennifer Carpenter solicitor and managing partner if you need advice on the National Minimum Wage legislation as a worker, employee or employer.

Cakes For Macmillan October 2022

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All of last week lots of staff across all three offices were busy baking lovely home made delights that were brought to the office. Donations flooded in to raise money for Macmillan Cancer Support. £148 was raised.

Cakes For Macmillan By Adams Harrison Staff 01 Cakes For Macmillan By Adams Harrison Staff 02 Cakes For Macmillan By Adams Harrison Staff 03 Cakes For Macmillan By Adams Harrison Staff 04

Debra Tofts, receptionist at Sawston wrote this poem about the week:-

A cup of tea

A slice of cake

Mid morning time

Afternoon delight

 

Happily baking

Buying and making

Time to savour

Enjoying the flavour

 

Brownies a plenty

Flapjack so chewy

Scones with cream

Rocky road a dream

 

Coins being rattled

Donations flooding in

For when it comes to Macmillan

Well where do we begin

Adams Harrison Sponsors Haverhill Triathlon 2022

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Adams Harrison were delighted to sponsor the Haverhill Triathlon again this year on the 2nd October and wish to thank Jack Tappin and his team for the excellent work in organising the event. Over 100 athletes took part this year. We congratulate Ben Allen, Lee Shipp and Jack Sutton for 1st, 2nd and 3rd place in the men’s competition and Emma Koppe, Claire Duguid and Morgan Neaves for 1st, 2nd and 3rd place in the women’s competition. However, we also extend our congratulations to all who took part. Jack Stewart from our Conveyancing Department presented medals to the winners. Haver Tri 2nd Oct22 women winners HaverTri 2nd Oct22 mens winners

Changes to the justice system following the death of our Queen Elizabeth II on 8th September 2022.

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Following the death of Queen Elizabeth II our managing partner, Jennifer Carpenter reflects on the monarch’s role in the justice system:

Historically the monarch was a key figure for the enforcement of law and establishing a justice system. However, in modern times the monarch as Sovereign has a symbolic role only. The monarch is the figure in whose name justice is carried out and law and order maintained. They are not actually involved in the administration of justice.

The monarch promulgates the law. This means that they formally order that laws can be made.

The most senior of barristers are appointed as Queen’s Counsel (QC) and now as a result of King Charles III’s reign will be known once again as King’s Counsel (KC) as was the case during the reign of the Queen’s father, King George. A KC is appointed by invitation from the King following a rigorous application process. There are currently about 1,900 QCs that immediately became KCs following King Charles III taking over the throne.

The Royal Coat of Arms that came into being in 1399 is used by the reigning monarch and appears in courtrooms in England and Wales. Lawyers and court officials bow to the judge or magistrates when they enter court. This is because they are bowing to the Royal Coat of Arms to show respect for the King’s Justices as all Judges and Magistrates technically are.

An oath of allegiance is made by all Judges, Magistrates and Tribunal members to the reigning monarch. They also make a judicial oath when they are sworn in.

Lovely Testimonial for Sarah Bruce

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Sarah Bruce Picture For Testimonial Sarah Bruce acted for a client in Haverhill with regard to probate matters. The client said

“I also wanted to say thank you for all your work you have completed for me over the last two years in relation to both my parents. It has been an emotional and challenging time and I am grateful to you for helping everything go very smoothly in the circumstances.”

Coping with the loss of a loved one is never easy and can feel overwhelming especially if you are responsible for dealing with the legal and financial aspects of their estate. Depending on the circumstances you may need to go through probate, which can be a challenging process at a very difficult time. Sarah Bruce, who works in our Haverhill and Saffron Walden offices, can help you through the process. We also have Leanne Mayes in our Haverhill office, Christine Gee in our Sawston office, or Melanie Pratlett, Head of Wills & Probate, who works mainly in our Saffron Walden office.

Adams Harrison Attends Samuel Ward Academy Careers Fayre 2022

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Jennifer Carpenter, Anton Bilinski and Louise Taghi were delighted to attend Samuel Ward Academy on Friday 23rd September for their Careers Fayre.

They were delighted with the interest shown by students from year 7 through to year 13 and impressed by the knowledge some already had about the legal profession and Solicitors.

Thanks to the school for inviting us to attend and we look forward to next year.

Leanne Mayes celebrates 20 years.

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Leanne Mayes Adam Harrison Congratulations to Leanne Mayes who celebrated 20 years’ service with Adams Harrison on Friday 16th September.
Leanne works in our Haverhill office and is a Fellow of the Chartered Institute of Legal Executives in our Wills & Probate Department.