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Employment Law Journal

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Legal news: Employment update

Shoosmiths LLP

Navi Atwal rounds up developments affecting employers and their advisers

Hybrid working: Working overseas – plain sailing?

Doyle Clayton

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

VWV

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

Baker McKenzie LLP

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

Spencer West

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?

Irwin Mitchell LLP

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

Keystone Law
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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

Charles Russell Speechlys LLP

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

Hogan Lovells

Jo Broadbent rounds up developments affecting employers and their advisers

Working Time Regulations: Part-year workers get holiday pay bonanza

Irwin Mitchell LLP

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

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Set aside: Right outcome, wrong route?

Raworths LLP

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

University of Greenwich

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

Slater Heelis

David Wilkinson considers the implications of the Supreme Court decision in Guest

Cohabitation: No further forward

Harbottle & Lewis LLP

Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform

Schedule 1: Welfare widely construed

Hall Brown

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?

Vardags

Sacha Lee examines the current surrogacy framework and the potential reforms that may follow Law Commission recommendations

Financial planning: Taking care of the pennies

Stevens & Bolton and RBC Brewin Dolphin
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Sean Hilton and Peter Turnbull highlight how using cash-flow modelling can assist separating couples

Bankruptcy: Out of bounds

Paris Smith LLP

Heather Souter highlights the potential implications of bankruptcy in relation to transfers of property between spouses

Financial provision: If not now, then when?

Tisshaws Family Law Solicitors

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

Hall Brown

Rachael Brownlee and Sky Langwieser examine the approach to financial remedy cases involving modest assets

Property Law Journal

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Nuisance: A watching brief

Forsters LLP

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

Charles Russell Speechlys LLP

Georgina Muskett reviews some of the issues that have arisen from landlord and tenant cases since the pandemic

Boundary disputes: On the wrong track

Pallant Chambers

Noah Gifford considers whether boundary disputes should be allocated to the small claims track?

Construction focus: Liquidated damages provisions in construction contracts

Forsters LLP

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

Squire Patton Boggs LLP

Commercial real estate portfolios are a prime target for cyberattacks. Malcolm Dowden assesses the risks

Joint ownership: Common intention and detriment

University of Greenwich

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

Herbert Smith Freehills LLP

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

Francis Taylor Building

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?

Morton Fraser LLP

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?

Eversheds Sutherland

Gemma Irving considers the new responsibilities created by the 2022 Act

Trusts & Estates Law and Tax Journal

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Musings from Manchester: A goodbye to our readers

Old Trafford Consulting Ltd

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

Shoosmiths LLP

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

St John’s Chambers (Chambers of Matthew White)

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

Seymour Law LLP
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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

Ashfords LLP and No5 Chambers
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Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone

Tax: Operative mistakes and unintended consequences

Thomson Snell & Passmore and Ten Old Square
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Lawrence Hiller-Wood and Richard Dew discuss the High Court’s current approach to setting aside mistakes

Rectification: Clarifying the nature of the test

Charles Russell Speechlys LLP

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

BeFair Avocats
The logo for BeFair Avocats

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

New Square Chambers

Simon Adamyk and Jessica Powers outline welcome clarification on the application process for obtaining freezing orders

Musings from Manchester: Drama in the courtroom

Old Trafford Consulting Ltd

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

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