Articles & Case Updates

Legal Updates from our Solicitors

Commercial Rent Arrears Arbitration- Act Now!

25th August 2022

Commercial tenants and landlords need to act now if they want to take advantage of the arbitration scheme for commercial rent arrears accrued during the pandemic. Read More

Ban on Winding Up Petitions to be lifted

10th September 2021

It will come as welcome news to creditors that the ban on presenting winding up petitions will end on 30 September 2021. The ban, which was introduced by the Corporate Insolvency and Governance Act 2020, prevents creditors from presenting a winding up petition against a company based on its inability to pay its debts unless the petitioner can show that they have reasonable grounds for believing COVID-19 has not had a financial effect on the company or that the debt issues would have arisen anyway. Read More

Coronavirus FAQs

6th April 2020

During this period of uncertainty and the rapidly changing guidance relating to the coronavirus outbreak, there is understandably a high demand for legal advice and services. Banks Kelly Solicitors is still open for business and on hand to give legal advice at a time when you need it to give you peace of mind. We have created some FAQs surrounding some of the legal services that you may be considering using following the Covid-19 outbreak. Read More

Coronavirus- Employment Rights

20th March 2020

The outbreak of COVID-19 and rapidly changing government advice is causing a great deal of uncertainty for both employers and employees. Our clients can remain assured that Banks Kelly is available to assist with any queries relating to the existing law and new legislation arising out of the pandemic. At the date of writing, here are the important employment rights for employees and employers to be aware of in relation to COVID-19: Read More

Defamatory Publications and Privacy

27th February 2020

In today’s world of social media, it has become increasingly important to act quickly when an offending post is made. A defamatory comment or statement can reach a wide audience in a matter of seconds. If a post is false and made with the intention of damaging your reputation, we advise you to contact Sonia Ahmad immediately who can take urgent action on your behalf. Read More

Challenging Account Freezing Orders

28th October 2019

Niall Kelly and Sonia Ahmad have been instructed on behalf of a prominent family to challenge Account Freezing Orders (AFOs) obtained by the National Crime Agency in respect of their UK bank accounts. ​AFOs are a new instrument introduced by Criminal Finances Act 2017 and are recently being used for the first time by the UK authorities, such as the National Crime Agency. Read More

Privacy Case in the Investigatory Powers Tribunal

21st October 2019

Sonia Ahmad was instructed on a complex privacy case for over 18 months on behalf of her clients in a matter before the Investigatory Powers Tribunal (IPT). The Application before the IPT involved novel points of law and procedure, whereby the IPT was invited to enforce its previous Orders and craft procedural remedies on an ad hoc basis to meet the concerns of the clients. Read More

Company charged with Environmental Strict Liability Offences

14th October 2019

The Environment Agency charged a company with two offences contrary to Regulations 12 and 38 the Environmental Permitting (England and Wales Regulations) 2016. Read More

Ex-soldiers succeed in claim for racial harassment against the British Army

16th September 2019

Judgment in the case of Mr N Zulu and Mr H Gue v Ministry of Defence (2019) has today been published. The Claimants succeeded in establishing their claim against the MOD that they suffered racial harassment during their time in the Army and that the MOD did not take all reasonable steps to prevent such harassment. Read More

Discretionary Trusts in Financial Remedy Proceedings

13th February 2019

The recently published judgment in the case of Daga v Bangur [2018] EWFC 91 serves as a cautionary tale to those attempting to claim against discretionary trusts in financial remedy proceedings. Read More

Employment Law Update

27th August 2018

In Royal Mencap Society v Mrs C Tomlinson-Blake: UKEAT/0290/16/DM, the Court of Appeal held that, when calculating an employer’s obligations under the National Minimum Wage Regulations, the only time that counts in respect of sleep – in workers is the time they are required to be awake for the purpose of working. Read More

Insurer Takes The Wheel

9th May 2018

The Privy Council has allowed the appeal in the case of Ramsook v Crossley in a judgment handed down on 30 April 2018. The case illustrates the problems that can arise from limits on third party cover required by motor insurance legislation and highlights the consequences of an insurer failing to take instructions from their insured when conducting litigation on their behalf.  Read More