Supporting Your Business: How our Litigation Services could help you, Updates on The Renters’ Rights Bill & Year-End Employment Law Planning

What is your perception of the litigation industry?

The perception of commercial litigators often brings up associations with words including trials, losses and costs.

But as Wake Smith director and solicitor Michael Doherty explains, today's litigators should, where possible, try to guide their clients down a more pro-active, dispute avoidance route.?

Negative imagery can sometimes be associated with litigation lawyers, which can sometimes lead to them being instructed much later than they should be. The result can make it more difficult for the dispute to be resolved, as parties can quickly become entrenched in their respective positions.

Mike says the sooner he is instructed on a matter, the more chance there is of him trying to prevent a full blown dispute, and even potentially preserving the commercial relationship between the parties. Quite often, this can lead to large costs savings in the long term.

What we can help you with:

Our Commercial Litigation team has strengths in the following areas:

• Contractual disputes
• Insurance disputes
• Director/Shareholder/Partnership disputes (particularly claims based upon unfair prejudicial conduct and/or related to partnership agreements)
• Disputes arising out of the sale and purchase of businesses (particularly claims based upon breach of warranty, misrepresentation and/or fraud)
• Construction, Engineering and Machinery disputes
• Commercial Goods and Services and Product Liability disputes
• Professional Negligence and Vicarious Liability claims
• Insolvency related disputes
• Commercial mediation

Our Property Litigation team has strengths in the following areas:

• Lease renewals including running lease renewals for clients with extensive property portfolios
• Rent review, forfeiture and possession claims including peaceable re-entry
• Efficient recovery of rent arrears using court proceedings/insolvency procedures or CRAR
• Claims involving breach of lease covenants
• Claims concerning alienation and user covenants and refusal of consent
• Property related insolvency issues
• Disrepair/dilapidations claims
• All types of property related contract disputes
• Cohabitee disputes re shares in property

Our Debt Recovery team has strengths in the following areas:

• Credit control procedures/reviews
• Undisputed debt recovery - the recovery of monies due from your debtors whether from a company, partnership/limited liability partnership or an individual/sole trader.
• Debt recovery process from the initial Letter Before Action through to obtaining judgment and enforcement.

Want to find out more?

Wake Smith’s litigators offer a friendly, problem solving, holistic approach. They care about the client and the advice, understand businesses, know the options and can potentially avoid litigation after reviewing the case.

For further information contact Mike Doherty on 0114 224 2048 or email [email protected]

Update: The Renters’ Rights Bill: House of Lords, Second Reading

The Renters’ Rights Bill, which marks a significant shift in the landscape of private renting in England, had its second reading in the House of Lords on 4 February 2025.?

The key provisions of the proposed legislation are discussed in our previous article here.

Sophie Kerry , Solicitor in the Litigation team at Wake Smith, looks at the second reading, designed for members to debate its main principles.

Sophie said: “During the debate, the Housing Minister, Baroness Taylor, indicated the Government is committed to ensuring a smooth transition to the new system and sufficient notice will be provided ahead of implementation.

“It is unclear what is meant by ‘sufficient notice’ considering the bill is expected to receive Royal Assent in Summer 2025.

“As per the previous stages, many members expressed strong support for the bill, including the importance of ending ‘no fault’ evictions and improving living conditions.

“However, concerns still remain regarding the timeline as to implementation and the potential impact on landlords.

“A balance clearly needs to be struck between protecting tenants whilst ensuring landlords can still manage their properties effectively.”

The bill is expected to enter the Committee Stage by the end of February, allowing for detailed examination and potential amendments.

Your next move?

The Renters’ Rights Bill is expected to receive Royal Assent in Summer 2025 and appears to be a transformative piece of legislation seeking to balance the interests of tenants and landlords.

As this legislation comes into effect, both tenants and landlords will need to familiarise themselves with the new provisions to ensure compliance and take full advantage of the protections and opportunities it offers.

Wake Smith Solicitors can help you navigate these changes and ensure your rights and responsibilities are fully understood and upheld.

For further information please contact Sophie Kerry at [email protected], or visit our website to find out more about our Litigation Services.

Is a settlement agreement looming before the year end?

Are you an employee facing a sudden offer of a settlement agreement or an employer managing workforce changes through this method?

Some employees can find themselves facing settlement agreements from their employers as the business year end approaches, meaning discussions about financial pressures, re-structures and general planning for the next financial year.

For a company, it can make strategic and financial sense to finalise these agreements before the end of the financial year, as plans for budgets and business restructuring aim to ensure a clean start for next financial year. As an employee, it can bring peace of mind and financial benefits.

Harriet Gardner, Solicitor in?our?employment team at Wake Smith looks at settlement agreements.

?? From an employer perspective

Employers want to settle disputes or terminate employment before the calendar year end to account for associated costs, ensuring a clean slate for the next financial year.

Offering a settlement agreement can provide a smooth and mutually agreed-upon exit, minimising potential disputes and safeguarding workplace morale for a refocus on growth and a new year.

Employers often prefer to finalise agreements before the end of the financial year. For employees, knowing their situation is resolved can offer peace of mind,? often removing ongoing uncertainty.

?? From an employee perspective

Employees can have legal claims under statutes, their employment contracts, and other common law rights.

These claims can arise for various reasons, often related to performance management, sickness absence, grievances, disciplinary issues, dismissal (including redundancy), or simply a breakdown in the employment relationship.

?? Key elements of a settlement agreement

Settlement agreements are often a useful tool to resolve claims in exchange for a payment to the employee. They are designed to avoid the time, expense, and uncertainty of litigation in the Employment Tribunal.

A settlement agreement should be drafted specifically for the circumstances to ensure it serves its intended purpose and meets the relevant statutory requirements to be legally binding.

Key elements of a settlement agreement include:

• The agreement will most likely require the employee to waive their right to bring a specific claim or proceeding (such as a claim for unfair dismissal).
• The termination date, which sets out the date on which the employee will leave the organisation. Termination of employment is the most common reason for a settlement agreement; however, such agreements can also be used when the employment is continuing.
• A reason for termination, which is not essential but is often described as "mutual agreement”.
• The termination payment, which is the most important aspect for the employee.
• Whether the employee will work their notice period or be paid in lieu of notice.
• Although the employer is not obligated to provide a reference, if one is to be given, the terms may be outlined in the agreement.
• Confidentiality clauses are commonly included, preventing the employee from disclosing the existence and terms of the agreement.
• If the employee has post-termination restrictions in their employment contract, these may be referenced in the agreement. If not, the agreement may introduce such restrictions.
• The employer typically contributes towards the employee’s legal fees.

Our advice

Navigating a settlement agreement can be complex, especially when it involves significant legal and financial considerations.

Our Employment solicitors in Sheffield offer fair, practical and effective advice on employment law and HR best practices for both individuals and businesses, so you can access the expert support you need to ensure a fair resolution.

We provide expert advice on:

• Understanding the terms and implications of a settlement agreement and your options.
• Negotiating better terms, including enhanced compensation and benefits.
• Ensuring compliance with employment law to protect your rights.

Whether you're an employee or an employer, we can provide tailored advice to ensure your interests are protected. Don't hesitate to reach out and give us a call today to discuss how we can assist you with your settlement agreement.

For further information please contact Harriet Gardner at [email protected], or visit our website to find out more about our Employment & HR Services.

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