Articles
May 2017
Is it still worth arguing a case of ‘special contribution’ in the English Courts?
Author: Floris Shoebridge
The English courts, and in particular London courts, have often been considered as being generous to the financially weaker party within financial proceedings and London is often referred to as the ‘divorce capital of the world’. The recent, widely reported case, which resulted in the 44 year old stay-at-home wife of a 61 year old City banker receiving a settlement sum of £483 million (41.5% of the overall assets) has done nothing to dissuade the use of this title.
May 2017
Long Term Sick Absence Dismissals: Avoiding the Pitfalls
Author: Keith Potter
For many employers dismissing an employee for long term sick absence is probably regarded as one of the more straightforward tasks. The relevant case law has been established for about 40 years and the basic principles are well understood.
May 2017
FCA Fines Investment Banker for Sending Client Information Over WhatsApp
Author: David Seals
A well drafted contract of employment will normally contain a robust provision restricting the employee from disclosing the employer’s confidential information. But breaches of confidentiality do not regularly feature in employment cases that come before the Courts. There are various reasons why an employer may not pursue such matters. However, the position for employees in regulated sectors such as the banking industry who misuse confidential information is more fraught, as the case referred to below demonstrates.
April 2017
Can You Avoid Care Home Fees?
Author: Brian Fraser
A recent BBC article has highlighted the importance of seeking legal advice when taking steps to mitigate the costs of Nursing Home Care. It concerns Don Steer, who had been diagnosed with terminal cancer. Due to the value of his savings and owning his home outright with his wife, he did not qualify for council support in relation to costs of care. Concerned they may have to sell the house to pay for care home fees, Mr & Mrs Steer placed their house into trust. Mr Steer passed away before needing to pay care home fees, but should they have been required it is likely that the transfer of the house into trust would have been ineffective. This is because a significant factor in placing the house in trust was to reduce their estate for capital assessment. If the local authority determine this to be deliberate deprivation of assets, they can take action to recover charges.
March 2017
Employees and Breastfeeding
Author: Nicola O'Dwyer
In a recent case, an employment tribunal considered whether crew members employed by EasyJet who were still breastfeeding when they returned from maternity leave had suffered indirect sex discrimination as a result of the airline’s failure to allow them to have bespoke roster arrangements.
March 2017
Lease Extensions
Author: Tamsin Reader
Since 1993, Leaseholders have been able to claim an extended Lease from their Landlord(s). With flats with less than 80 years it may be difficult to sell or secure a mortgage on. Extending your Lease either by agreement, or otherwise, overcomes this problem and makes your property more desirable and in most cases a more valuable asset.
March 2017
Elgin Legal Limited [2016]
Author: Nigel Cook
The company had carried legal aid work regulated by the Solicitors Regulation Authority. The sole director placed it into administration (avoiding liquidation) so that its files could be reviewed and bills sent to the Legal Aid Agency.
March 2017
Newton Coaches V Secretary of State for Business Energy and Industrial Strategy [2016]
Author: Nigel Cook
The applicants had been involved as partners in a partnership business which had been wound up under the Insolvent Partnerships Order 1994 which provides for procedures to be applied equivalent to the insolvency regimes for companies and LLP’s.
March 2017
Separated? Could Social Media Add to Your Problems?
Author: Nicola Conley
Many of us enjoy social media, sharing photographs and reading about the good times that people are enjoying with their loved ones. But have you thought that any information you share on Facebook, Twitter, Instagram can be read and potentially used against you in your separation/divorce proceedings?
March 2017
Provision of Services and Disability Discrimination
Author: Nicola O'Dwyer
In FirstGroup PLC v Paulley, the Supreme Court considered the extent to which reasonable adjustments should have been made by a bus operator to accommodate a wheelchair user.
