Articles

August 2017

Settlement Agreements and Winding Up

Author: David Seals

In Officeserve Technologies Limited (in liquidation) and another v Anthony-Mike, the High Court held that a settlement agreement entered into between a company and one of its directors during the period between a winding up petition being presented and the making of the winding up order was void.

August 2017

Does the Acquired Rights Directive (ARD) apply to a pre-pack?

Author: David Seals

In Federatie Nederlanse Vakvereniging and others v Smallsteps BV (Case C-126/16), the European Court of Justice considered how the ARD applied to a pre-pack. The insolvent business consisted of 380 childcare centres employing 3,600 staff in Holland.

August 2017

Unlawful Fees Help Employee Secure An Extension of Time

Author: Matthew Kilgannon

Background

It appears that, in the last few weeks the Southampton Employment Tribunal has agreed to grant a Claimant, an extension of time to bring her claims.

August 2017

Secretary awarded £360,000 compensation for sexist comment at work

Author: David Seals

In BAE Systems (Operations) Limited –v- Konczak ("K") the Court of Appeal rejected the employer’s argument that an award of compensation of £360,178 in a discrimination claim was excessive.

August 2017

Residence Nil Rate Band

Author: Joanna Pashley

Did you know that from April 2017 an additional allowance for inheritance tax came into force which could save your estate up to a further £350,000 by April 2020? This has the potential to take a married couple’s total tax allowance to £1 million.

July 2017

Tribunal Fees To Be Refunded

Author: Emily Kidd

What are Employment Tribunals?

Most UK employment rights are enforceable through the Employment Tribunals. Employment Tribunals were originally set up so that the layperson could bring a claim in an informal setting which did not require them to have legal representation. Any legal costs were usually borne by each of the parties, unlike the civil courts where the losing party was usually ordered to pay both parties’ costs.

June 2017

Data Protection: GDPR Guidance Updated

Author: Matthew Kilgannon

On 25 May 2018, the General Data Protection Regulation (GDPR) will replace the Data Protection Act. While the GDPR is a European Regulation, the UK Government has confirmed that the UK’s exit from the EU will not affect the commencement of the GDPR.

June 2017

Debt Collection - New Pre-Action Protocol

Author: Albina Khad

Is your company’s balance sheet affected by aging debt and you are looking to recover it from your debtor? If so, prior to commencing court proceedings, you will now be expected to comply with the new Pre-Action Protocol for Debt Claims (the “Protocol”), which comes into force on 1 October 2017. It can be located on the Ministry of Justice website and will apply to a business (including sole traders and public bodies) (the “Creditor”) claiming payment of a debt from an individual (including a sole trader) (the “Debtor”). The Protocol does not apply to “business to business” debts unless the Debtor is a sole trader. Failure to follow the Protocol will put you at risk of costs sanctions being imposed against you by the court. It’s aim is to encourage communication and resolution without the need to issue proceedings.

June 2017

Wife Retains More Than 50% of Assets

Author: Victoria Walker

The recent case of Sharp v Sharp which went to the Court of Appeal, deals with how assets should be shared for DINK’s * when the marriage has not been a long one and the contributions to the marital assets have been unequal.

May 2017

STEP Launches New Website

To increase awareness of the role of the The Society for Trust and Estate Practitioners (STEP) and its members (TEPs), they have launched a new public facing website www.advisingfamilies.org. The website explains what a TEP is, what they do and what benefits you can expect from using a TEP.  STEP members are from a range of professions, including accountancy, banking, financial advice, law, tax advice and trust administration.