October 2010 – Contact and Children
Child Contact Applications Jane Staff reports on a recent case involving a contact application brought by close relatives of children. In the case of Re H (children) heard on the 22nd September 2010 in the Court of Appeal, a Miss Jones (name changed to protect anonymity) sought contact with two children who were her half-brother […]
The Death of Legal Aid?
Legal Aid – Updates Stephen Brookes reviews the Government’s attempts to deny access to justice for the less well – off. The Legal Aid, Sentencing and Punishment of Offenders Act received the Royal Assent last week and we are now witnessing the death-throes of almost the entire civil legal aid system. What is left will […]
September 2010 Dismissal for misconduct
Dismissal for Misconduct It’s a common source of confusion, writes Stephen Brookes, whether an employee can be dismissed for alleged misconduct in the workplace and what criteria the employer must apply before arriving at its decision to dismiss. In 1980, the case of BHS Stores v Burchell stated that an employer, after conducting a proper […]
June 2010 – Pre-Nuptual Agreements
Jane Staff reviews Pre-Nuptial Agreements It is well recognised that, in the Law of England and Wales, prenuptial agreements are not binding or enforceable like they are in many other European countries or as they are in the United States of America. A Prenuptial Agreement is an agreement entered into by a couple before their […]
June 2010 – Home Information Packs
Housing Advice The recent announcement by the coalition government of the suspension of Home Information Packs, loathed by clients for creating additional costs and by conveyancing professionals for creating unnecessary administration will be widely welcomed, writes Nick Mason, Head of the Property and Private Client Team at Salmons Solicitors. “The Home Information Pack appeared to […]
News June 2010 – Contractual Disciplinary Procedures!
The Dangers of Contractual Disciplinary Procedures! In the recent employment case of Edwards v Chesterfield Royal Hospitals NHS Foundation Trust, a doctor was dismissed without notice for gross misconduct. In his contract of employment was a disciplinary procedure and such procedures can be contractual or non-contractual. The doctor argued that the contractual nature of the […]
June 2010 – Employment References
Employment Advice Employment References can be a beartrap for the unwary, writes Stephen Brookes The Employment Appeals Tribunal has recently upheld a claim by a solicitor who claimed compensation against former employers when a reference they provided to subsequent prospective employers referred, gratuitously, to a previous discrimination claim the employee had brought against the firm […]
News March 2010 The RTA Claims Portal
Road Accident Claims – the New System Accelerated Road Traffic Claim Procedure There is to be a radical overhaul of the procedure for handling low value personal injury claims arising out of a road traffic accident where the value of the claim for the injuries is between £1000 and £10,000. The new scheme comes into […]
March 2010 Changes for Children in Family Law
Changes for Children in Family Law Anyone who experiences a family breakdown knows how distressing and upsetting it is for everyone involved and particularly the children. If parents are not able to make arrangements for their children at this difficult time, the court may be asked by one or other of the parents to make […]