Updates & Publications

TWO IN THREE ADULTS HAVE NO WILL
Friday, 3 February 2012
Wills, Probate & Tax Planning

According to recent research from private client investment manager Brewin Dolphin, nearly two-thirds of the UK adult population do not have a will, thus ignoring the possible consequences in case of death.  Read More


CHARITY ACCUSES NHS OF 74 DEATHS
Monday, 23 January 2012
Medical Negligence & Healthcare Law

The deaths of at least 74 people with learning disabilities have been caused directly or indirectly by the NHS over the past 10 years, the charity Mencap and relatives of some of the deceased have claimed.  Read More


COMPENSATION FOR ASBESTOS RELATED ILLNESS AWARDED TO WIDOW
Wednesday, 11 January 2012
Personal Injury

A six-figure compensation payout has been awarded to a Staffordshire widow after her husband died of an asbestos-related disease.  Read More


MOTORIST DEMANDS COMPENSATION FOR AMPUTATED LEG
Thursday, 22 December 2011
Medical Negligence & Healthcare Law

A motorcyclist who had his leg amputated after a road accident is planning to seek clinical negligence compensation from the Royal London Hospital, according the London Evening Standard.  Read More


IN BRIEF
Thursday, 15 December 2011
Employee Update

We provide an overview of the changes announced by the government last month in a "radical reform" of the employment law system.  Read More


REASONABLE ADJUSTMENTS
Thursday, 15 December 2011
Employee Update

The appeal tribunal has said that adjustments made by employers under the disability discrimination law just have to offer "a prospect" of alleviating the disadvantage, not a "real prospect" of doing so.  Read More


UPDATE ON DISABILITY DISCRIMINATION
Thursday, 15 December 2011
Employee Update

We provide a brief overview of the disability discrimination provisions of the Equality Act 2010.  Read More


LIGHT DUTIES
Thursday, 15 December 2011
Employee Update

The appeal tribunal said that it was not a reasonable adjustment to expect a large employer to find some form of light work for a former employee or to allow her to take a career break.  Read More


EX MP SUES COUNCIL
Thursday, 15 December 2011

Christine Laird, the former managing director of Cheltenham Borough Council, is preparing a new series of financial claims against the council, she revealed in an interview for the BBC. This means that if she succeeds, she will receive more financial compensations.  Read More


CONSULTATIONS TO START ON DEFINING DOMESTIC VIOLENCE AS A CRIMINAL OFFENCE
Thursday, 15 December 2011
Family Law

The deputy prime minister Nick Clegg has announced that the UK government is going to start consultations on how the law defines abuse of a partner, even if it is not physical. If the planned changes of the law are passed, men who bully their wives in order to control them could face criminal charges.  Read More


LEGAL GROUP SEEKS REVIEW OF MURDER SENTENCES
Monday, 5 December 2011
Crime & Motoring

A group of legal experts has called for changes in the system for setting minimum terms and called mandatory life sentences for murder in England and Wales "unjust" and "outdated".   Read More


UK VICAR CHALLENGES CHURCH AT EMPLOYMENT TRIBUNAL
Monday, 5 December 2011
Wills, Probate & Tax Planning

A UK vicar has made an Employment Tribunal claim which could set a precedent in UK employment law.  Read More


UNMARRIED COUPLES URGED TO MAKE WILLS
Monday, 5 December 2011
Wills, Probate & Tax Planning

As the number of people who decide to co-habit rather than marry increases in the UK, making a Will is becoming an act of paramount importance, especially where one or other or both own the home in which they live.  Read More


UK GOVERNMENT TO START CONSULTATION ON HEALTH AND SAFETY REFORMS
Wednesday, 29 November 2011
Personal Injury

The UK government has announced the start of consultations to scrap a number of health and safety rules, in response to the conclusions and recommendations made in a review earlier this month.  Read More


NHS TRUST PAYS COMPENSATION FOR LEAVING TUBE INSIDE BABY
Monday, 28 November 2011
Medical Negligence & Healthcare Law

An NHS trust has had to pay an undisclosed sum as clinical negligence compensation to a family for leaving a tube inserted in their new-born baby's trachea.  Read More


DIVORCE RATES IN OVER-60'S ON THE RISE
Monday, 28 November 2011
Family Law

A new report has highlighted a significant rise in divorce rates among UK residents aged 60+ during the last two years.  Read More


UK BUSINESS SECRETARY TO PRESENT EMPLOYMENT LAW REFORMS
Thursday 24 November 2011
Employment Law

UK business secretary Vince Cable plans to introduce drastic changes to employment legislation which will have far-reaching effects on unfair dismissal law and employment tribunals.  Read More


LEGAL AID CUTS MAY LEAD TO RISE IN EMPLOYMENT TRIBUNAL CASES
Thursday, 24 November 2011
Employment Law

The Citizens Advice charity has predicted that removing the already limited legal aid available for certain employment cases would result in an increase in the number of employment hearings.  Read More


TEACHERS ACCUSED OF CRIMINAL OFFENCES WILL BE GRANTED ANONYMITY
Tuesday, 22 November 2011
Crime & Motoring

Teachers who have been accused of crimes against children are going to be granted anonymity in the new Education Act 2011. The act was given Royal Assent a few days ago and was thus formally announced a law.  Read More


UK CITIZENS ISSUED WRONG CRIMINAL RECORD CERTIFICATES
Monday, 21 November 2011
Crime & Motoring

The UK government has wrongly labelled more than 170 citizens as criminals over the past year, according to figures from the Criminal Records Bureau (CRB) published in The Daily Telegraph.  Read More


MEDICAL NEGLIGENCE MAY BE RESPONSIBLE FOR THOUSANDS OF DEATHS
Monday, 21 November 2011
Medical Negligence & Healthcare Law

According to recently announced statistics, NHS medical negligence may have led to the death of thousands of patients.  Read More


DORSET NURSING HOME CLOSED AFTER CQC REPORT
Thursday, 17 November 2011
Medical Negligence & Healthcare

A report from the Care Quality Commission (CQC) has lead to the closure of a Dorset nursing home, after inspectors found that it failed to meet eight standards that were required by law.  Read More


WOMEN SHOULD KNOW THEIR PARTNER'S VIOLENT HISTORY, MP SAYS
Wednesday, 16 November 2011
Family Law

UK Home Secretary Theresa May has issued a proposal for legislation changes, giving women the right to know whether their partner has a history of domestic violence. The Home Office has announced that consultations on setting up a national disclosure programme have begun.  Read More


PERSONAL INSOLVENCIES FALL, MORE COMPANIES GO BANKRUPT
Wednesday, 16 November 2011
Personal Insolvency/Bankruptcy

According to the latest figures from the Insolvency Service, the third quarter of the year saw a fall in personal insolvencies in both England and Wales.  Read More


LAWYERS CALL FOR LAW FOR COHABITING COUPLES
Monday, 14 November 2011
Family Law

Unmarried couples might face a big challenge when dividing their property in case of a break-up, lawyers have warned. They believe that a new law to regulate relations between cohabiting partners is necessary to avoid subjective interpretations.  Read More


SIX MONTH DELAY RE STATE PENSION
Thursday, 9 November 2011
Wills, Probate & Tax Planning

The government has announced that women who would fail to meet the requirements for state pension age, when it eventually reaches 66, would not have to work longer than 18 months to retire.  Read More


WORKPLACE INJURY RATES FALL
Thursday, 9 November 2011
Personal Injury

According to the latest Health & Safety Executive report, the number of incidents leading to injury in the workplace in the UK has gone down by 2,000 over the past two years.  Read More


GOVERNMENT PROPOSAL CAUSES TURMOIL
Thursday, 9 November 2011
Employment Law

A proposal from Tory donor Adrian Beecroft to boost the national economy by replacing underperforming employees with better ones has triggered fierce opposition across the UK.  Read More


SHARED CUSTODY SHOULD BE DITCHED FOR CHILDREN'S SAKE, REPORT CLAIMS
Tuesday, 8 November 2011
Family Law

Just days after the official final report for the Family Justice system was released, a recommendation it makes has stirred up the opinions of specialists and the general public alike.  Read More

GOVERNMENT PROPOSES TO OUTLAW SQUATTERS
Monday, 7 November 2011
Property Litigation

The UK government is considering imposing a ban on squatting, thus criminalising a common practice that brings significant losses not just to landlords but also to the national economy.  Read More


IN BRIEF
Monday, 7 November 2011
Employment Update

According to this year's Absence Management survey by the CIPD, stress is now the most common cause of long-term sickness.  Read More


ON CALL BREAK
Monday, 7 November 2011
Employment Update

Security workers are entitled to "compensatory rest", but not a rest break under the working time regulations. The Court of Appeal said that this could still qualify as a rest, even if the worker remained on call and could be interrupted.  Read More


TIME PLEASE
Monday, 7 November 2011
Employment Update

Although salaried workers are entitled to be paid the minimum wage when required to be available for work, an appeal tribunal has said that if they have to sleep over but are not required to do any work, they are not entitled to it for that time.  Read More


UPDATE ON SEX DISCRIMINATION
Monday, 7 November 2011
Employment Update

We provide a brief overview of the sex discrimination provisions of the Equality Act 2010.  Read More


FINAL FAMILY JUSTICE REPORT CALLS TO END DELAYS IN FAMILY JUSTICE CASES
Friday, 4 November 2011
Family Law

A proposal to set a time limit on family justice cases, published in the final Family Justice report, has been met with approval by lawyers and judges.  Read More


LEGAL AID CUTS 'THREAT' TO DOMESTIC VIOLENCE VICTIMS
Friday, 4 November 2011
Family Law

The Women's Institute has warned that cuts to legal aid will create a further barrier for women trying to leave violent relationships and could lead to more deaths.  Read More


LANDLORD & TENANT REVIEW
Thursday, 3 November 2011
Property Litigation Update

This review looks at the hot topic of tenancy deposit schemes and the recent riots in our cities. Read More


REASONABLY ADJUSTED
Thursday, 3 November 2011
Employment Update Article

Although the law requires employers to sometimes make "reasonable adjustments" for disabled employees, the appeal tribunal has said that does not include replacing subjective redundancy criteria with objective ones. Read More


TRUE TERMS
Thursday, 3 November 2011
Employment Update Article

It is not always easy to decide who is an employee and who is a worker. We look at a case in which the Supreme Court said that tribunals can disregard the written terms of a contract when they don't reflect the true agreement between the parties. Read More


NHS WORKERS SHOWN CULPABLE OF MEDICAL NEGLIGENCE
Thursday, 3 November 2011
Medical Negligence News Update

The Independent has reported that an inspection at a hospital trust has revealed that maternity services staff have threatended and mistreated patients. Read More


AGENCY WORKER REGULATIONS
Thursday, 3 November 2011
Employment Update Article

We take a look at the Agency Worker Regulations 2010 which came into force on 1 October 2011.  Read More


COST OF RELIGION
Wednesday, 21 September 2011
Employment Update Article

Indirect discrimination is potentially justifiable by employers. We look at a case in which the Employment Appeal Tribunal said that employers can rely on cost to justify an otherwise indirectly discriminatory policy.  Read More


FORTHCOMING LEGISLATION
Wednesday, 21 September 2011
Employment Update Article

In general, the government introduces legislative changes twice a year. We provide an overview of the main changes effective for the next six months from October 2011. Read more


DIVORCEES OFFERED INSURANCE AGAINST EX SPOUSES WHO STOP MAINTENANCE 
Thursday, 18 August 2011
Family Law Update

Divorcees relying on maintenance payments from ex partners often find themselves struggling financially because their ex partner is made redundant, becomes ill, dies or simply refuses to pay. Although Consent Orders setting out the division of assets and payment of maintenance are legally binding, in theory meaning both parties can move on financially, it cannot guarantee that maintenance payments will be kept up.  Read more


NEGLIGENT STATEMENT   Friday, 12 August 2011
Employment Update Article

We look at a case in which the court said that employers may have to pay damages to employees if they make negligent statements about them to a former employer.  Read more


EVADING THE QUESTION   Friday, 12 August 2011
Employment Update Article

The law says that tribunals can draw inferences from evasive answers given in discrimination questionnaires, but the appeal tribunal has just held that answers that are less than complete are not necessarily "evasive or equivocal".  Read more


REDUNDANCY   Friday, 12 August 2011
Employment Update Article

We provide a brief overview of existing redundancy law, giving employers an outline of their obligations.  Read more


CIVIL UNREST - WHAT ABOUT WORK?  Friday, 12 August 2011
Employment Article

Given the dramatic scenes reported in news coverage over the last few days, employers and employees may be considering what options they would have legally if their workplace was shut down because of disruption or due to riot damage. Read more


CHILD ABUSE LOOPHOLE TO BE CLOSED  Wednesday, 27 July 2011
Family Blog.  Posted by Rebecca Palmer

The Government has recently announced that the legal loophole which could allow those who physically abuse children or vulnerable adults to escape justice is to be closed. This loophole in the law has enabled those who injure a child or vulnerable adult to escape justice by remaining silent or by blaming or lying for each other.  Read more


PROFESSIONAL NEGLIGENCE UPDATE  Thursday, 29 June 2011
Professional Negligence Article

In 2010 the High Court decided that a surveyor owed a duty of care to a buy to let investor in relation to rental valuation of property but on appeal recently in Scullion v Bank of Scotland Plc (trading as Colleys) [2011] EWCA Civ 693 the Court of Appeal overturned the decision much to the relief of surveyors and their professional indemnity insurers.  Read more


BREAKING THINGS DOWN  Monday, 27 June 2011
Employment Update Article

We look at a case in which the appeal tribunal said it did not matter that the employer failed to follow their conduct disciplinary procedures, because the dismissal was due to a breakdown in working relationships, albeit caused by the employee's conduct.  Read more


REASONABLY ILL  Monday, 27 June 2011
Employment Update Article

Employers have to make reasonable adjustments for disabled employees in certain circumstances. We look at a case in which the courts said that failure to follow proper procedures amounted to unfair dismissal and a failure to make a reasonable adjustment.  Read more


GOVERNMENT PUBLISHES LEGAL AID BILL  Friday, 24 June 2011
Family Blog.  Posted by Amy Langford

On the 21 June 2011 the Government published the controversial Legal Aid, Sentencing and Punishment of Offenders Bill.  The Bill proposes to cut funding for all family legal aid services with the exception of orders or procedures for the care, supervision or protection of children.  Read more


UNFAIR DISMISSAL  Friday, 24 June 2011
Employment Update Article

We provide an overview of unfair dismissal which looks at who can claim they've been unfairly dismissed, when it's fair to dismiss and whether the employer was reasonable in dismissing the employee.  Read more


LEGAL AID CUTS THREATEN ACCESS TO JUSTICE  Tuesday, 21 June 2011
Family Blog.  Posted by Imran Khodabocus

The government plans to slash the ₤2.2bn a year legal aid budget. The Ministry of Justice has estimated that this means 500,000 fewer cases will be eligible for funding. Other estimates put it at 650,000 to 725,000 fewer cases.  Read more


TRAVELLING WITH CHILDREN  Friday, 17 June 2011
Family Blog.  Posted by Bernice James

In these complex times it can be easy to overlook something vital when travelling, everyone will want the holiday to run smoothly. However in this era of heightened global security many foreign countries are revising their visa procedures following an increase in child abduction and trafficking. Read more

LOCATION! LOCATION! LOCATION!  Friday, 10 June 2011
Family Blog.  Posted by Warren Welch

Location! Location! Location! - has a whole new meaning for married couples according to a new study from Umea University in Northern Sweden.  Read more


LABOUR LICENSING REQUIREMENTS.  Thursday, 9 June 2011
Agricultural Blog.  Posted by Charlotte Rescorla

In the latest of a series of cases concerning illegal workers, Distrct Judge Simon Cooper has adjourned the trial of 19 dairy farmers accused of employing unlicensed farm workers. Read more


EMPLOYEE OR WORKER?  Wednesday, 8 June 2011
Employment Update Article

We provide an overview of the main criteria used by the courts to decide an individual's employment status. Read more

KICKED INTO TOUCH.  Wednesday, 8 June 2011
Employment Update Article

We look at a case in which the court said that the redundancy selection criteria for filling new roles following a reorganisation are different to those used for selecting employees for redundancy from within an existing group of staff.  Read more

WARNING LIGHTS.  Wednesday, 8 June 2011
Employment Update Article

We look at a case in which the court considered the circumstances in which a tribunal can 'look behind' a final warning to decide whether an unfair dismissal is fair or unfair.  Read more


GRANDPARENTS' RIGHTS.  Thursday, 2 June 2011
Family Blog.  Posted by Imran Khodabocus

Grandparents play an invaluable role in the lives of their grandchildren. Here we consider what happens when parents split up and how grandparents can avoid being left out in the cold. Read More


RECOVERING COSTS AFTER YOUR CLAIM.  Friday, 3 June 2011
Dispute Resolution Blog.  Posted by Nigel Kinder

Generally, if you are successful in your claim there is no automatic right to recover your costs i.e. legal costs and expenses (disbursements), the award of such costs is wholly within the Court's discretion and also depends upon which track litigation was conducted. Albeit in some cases only fixed costs are awarded (we will advise on a case by case basis in this regard). That said, the Court normally starts with the assumption that a successful party should be awarded their costs.  Read more


THINK BEFORE YOU LEAP.  Friday, 31 May 2011
Dispute Resolution Blog.  Posted by Nigel Kinder

Ten things your business should consider before instructing solicitors.  Read more


POLYTUNNELS - STRAWBERRY FIELDS FOREVER.  Tuesday, 17 May 2011
Commercial Property Blog.  Posted by Nick Dell

Good news for farmers using polytunnels. The Court of Appeal has upheld a planning permission for a polytunnel development on farmland in the Wye Valley, an area of outstanding natural beauty.  Read more


GRANDPARENTS' RIGHTS ABOUT TO BE RECOGNISED?  Thursday, 7 April 2011
Family Blog.  Posted by Imran Khodabocus

Since my last article ‘I am concerned about my grandchildren - what can I do?' the Government has published its interim report as part of its overall review of the family justice system (http://www.justice.gov.uk/publications/family-justice-review.htm). Read more


FORTHCOMING LEGISLATION.  Friday, 1 April 2011
Employment Update Article

In general, the Department for Business, Innovation and Skills introduces legislative changes twice a year - April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes.

The following are effective from April 2011:  Read more


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