Employment Law Journal
Legal news: Employment update
Navi Atwal rounds up developments affecting employers and their advisers
Hybrid working: Working overseas – plain sailing?
Robert Maddox examines the issues employers need to think about when staff members ask to work remotely from abroad
Recruitment: Financial penalties for CV fraud
Gareth Edwards explores the implications of a recent Supreme Court case in which a former hospice boss who faked his qualifications and experience was ordered to pay nearly £100,000 to the Crown
Age discrimination: Lessons from recent cases following six-fold surge in claims
John Bracken analyses three cases which highlight some of the perils employers face when making management decisions about older members of their workforce
Immigration: Right-to-work checks and balances
As the Covid-19 adjusted process for right-to-work checks ends, Samar Shams explains which checking processes employers need to use now for UK and non-UK nationals
Working Time Regulations: What is the correct way to calculate holiday pay?
Following on from her article last month on Harpur Trust v Brazel, Joanne Moseley reviews the impact that other key cases have had on how much holiday pay workers are entitled to receive
Privacy: Understand the legal pitfalls of monitoring remote employees
Rachel Tozer looks at the issues employers need to work through to help them decide whether electronic staff surveillance is justified
Demystifying employment contracts: Beyond the basics
Sophie Rothwell concludes our series with a look at some of the optional clauses employers may wish to include in their contracts to reduce the risk of future employment disputes
Legal news: Employment update
Jo Broadbent rounds up developments affecting employers and their advisers
Working Time Regulations: Part-year workers get holiday pay bonanza
Employers must revisit their holiday pay calculations for term-time-only workers and other staff who work for part of the year under permanent or continuous contracts, warns Joanne Moseley
Family Law Journal
Set aside: Right outcome, wrong route?
Ellie Foster analyses the court’s recent application of the Barder principles to a pension sharing order and whether the correct procedural route was adopted
Undue influence: On the side of caution
Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness
Proprietary estoppel: What to expect
David Wilkinson considers the implications of the Supreme Court decision in Guest
Cohabitation: No further forward
Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform
Schedule 1: Welfare widely construed
Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases
Surrogacy: A new legal direction?
Sacha Lee examines the current surrogacy framework and the potential reforms that may follow Law Commission recommendations
Financial planning: Taking care of the pennies
Sean Hilton and Peter Turnbull highlight how using cash-flow modelling can assist separating couples
Bankruptcy: Out of bounds
Heather Souter highlights the potential implications of bankruptcy in relation to transfers of property between spouses
Financial provision: If not now, then when?
Richard Adams looks at the adjournment of capital claims in financial proceedings and the need for practitioners to be alert to potentially fabricated disclosure
Needs: Strapped for cash
Rachael Brownlee and Sky Langwieser examine the approach to financial remedy cases involving modest assets
Property Law Journal
Nuisance: A watching brief
Will the floodgates be opened to nuisance claims following the Supreme Court ruling in the Tate Modern ruling? Sarah Heatley considers the ruling and its relatively narrow application
1954 Act lease renewals: The post-pandemic landscape
Georgina Muskett reviews some of the issues that have arisen from landlord and tenant cases since the pandemic
Boundary disputes: On the wrong track
Noah Gifford considers whether boundary disputes should be allocated to the small claims track?
Construction focus: Liquidated damages provisions in construction contracts
Lauren Hepburn reviews a case providing a reminder to be clear, certain and specific in the drafting of LADs provisions
Cybersecurity: Ransomware and commercial real estate
Commercial real estate portfolios are a prime target for cyberattacks. Malcolm Dowden assesses the risks
Joint ownership: Common intention and detriment
Mark Pawlowski provides an update on whether detriment is a necessary requirement in joint ownership cases involving the family home
Planning update: LURB and reforms to national planning policy
Fiona Sawyer reviews the government’s consultation on reforms to national planning policy along with the draft NPPF
Case update: Stoke-on-Trent City Council, the Home Office and asylum seekers
While conditions at Manston processing centre were grabbing headlines, less was said about the planning challenge brought by local councils wanting to prevent local hotels being used as temporary accommodation by asylum seekers. Saira Kabir Sheikh KC considers the case
Expiry of commercial leases: Should I stay or should I go?
In the third in the series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales relating to real estate, Michael Ramsay and Sally Anthony look at differences in landlord and tenant law
Fire safety: The accountable person – are you ready?
Gemma Irving considers the new responsibilities created by the 2022 Act
Trusts & Estates Law and Tax Journal
Musings from Manchester: A goodbye to our readers
O T
In his closing article for TELTJ, Geoffrey Shindler looks at the future of the inheritance tax system and bids farewell to his readership
Executors: Do not pass go
A recent High Court decision to impose a custodial sentence on an executor is a warning to lax executors and administrators of estates everywhere. Laura Abbott discusses Totton
Proprietary estoppel remedies: Expectation and acceleration
Natasha Dzameh examines the lessons from the Supreme Court’s judgment in Guest, which looked at the pivotal question of remedies
Offshore: Deed of gift set aside on account of a fundamental mistake
Royal Court of Jersey case Re B & C clarifies the principles for setting aside a disposition of assets into a nominee arrangement on the ground of donor’s mistake. Paul Matthams explains
Will disputes: The recalcitrant executor
Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone
Tax: Operative mistakes and unintended consequences
Lawrence Hiller-Wood and Richard Dew discuss the High Court’s current approach to setting aside mistakes
Rectification: Clarifying the nature of the test
The Jersey Royal Court has taken a divergent approach to rectification. Hugh Gunson and Thomas Watts analyse a recent decision
Succession: Cultural approaches to protection in succession law
Dr Diane Le Grand de Belleroche compares the new French withholding rights with the Inheritance (Provision for Family and Dependants) Act 1975
Trusts: Worldwide freezing orders
Simon Adamyk and Jessica Powers outline welcome clarification on the application process for obtaining freezing orders
Musings from Manchester: Drama in the courtroom
O T
Geoffrey Shindler reviews a theatre tax relief case that caused HMRC to ponder the definition of drama and whether a story has to have a beginning, a middle and an end