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Employment Law Journal

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Legal news: Employment update

Hogan Lovells

Jo Broadbent rounds up recent developments affecting employers and their advisers

Fire and rehire: P&O Ferries affair prompts promise of a code of practice

Fieldfisher

Richard Kenyon comments on the government’s proposals for a new statutory code of practice to clamp down on employers who force through mass dismissals without carrying out meaningful staff consultation

Dismissal: Settlement agreements – what can the P&O scandal tell us?

Stewarts Law LLP

Joseph Lappin reviews how to use confidential settlement agreements correctly after accusations that P&O ‘blackmailed’ staff into signing away their employment rights

Trade unions: Courts come full circle on detrimental treatment against strikers

GQ|Littler

The Court of Appeal has overturned the EAT and decided that workers are not protected against detriment for participating in industrial action. Philip Cameron and Chris Coombes report

Public holidays: The Queen’s Platinum Jubilee – when are workers entitled to paid time off?

Brodies

With the long weekend for the Queen’s Platinum Jubilee approaching in June, Katie Spearman explains whether workers will be entitled to an extra day off and considers some of the tricky issues when it comes to public holidays

Misconduct: Can employers dismiss for committing a criminal offence?

Keystone Law

In light of the police fines issued to those who attended Downing Street events during lockdown, Sungjin Park examines how to deal with employees who break the law

Demystifying employment contracts: Flexibility and mobility clauses

Shoosmiths LLP

In the second part of this series, Amy Leech discusses the key legal principles and case law behind contractual flexibility clauses, including those concerned with mobility

Legal news: Employment update

Bryan Cave Leighton Paisner LLP

Leah Aschettino rounds up recent developments affecting employers and their advisers

Employment status: Who is a worker, when and why?

Fox Williams LLP

Ed Livingstone and Kimberly Dennis give a summary of recent cases on worker status

Confidential information: Possession is not nine tenths of the law

Morton Fraser LLP

A recent case has highlighted the effectiveness of express provisions in protecting confidential documents retained by departing employees to use in subsequent litigation. Innes Clark reports

Family Law Journal

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Financial provision: An invisible cohort?

Family Law Partners
A logo for Family Law Partners

Farhana Shahzady asks whether family lawyers are failing women who are going through the menopause

Schedule 1: Setting boundaries

Hall Brown

Matthew Hodgson and Edward Davison highlight a Sch 1 claim where the court considered the approach to indebtedness and provision to allow for future career development

Liabilities: Minding your P v Q

Slater Heelis

David Wilkinson sets out the key principles to be applied in cases involving obligations owed by the parties and what may categorise a debt as hard or soft

Law reform: Lessons to be learnt

Rayden Solicitors

Beth Duffy outlines the provisions of the pilot for private children proceedings and the potential for improvements to the current process

Evidence: In all honesty

Hall Brown

Holly Cook and Jacob Quested Khan consider protection from self-incrimination in private law children proceedings

Maintenance pending suit: One size does not fit all

McAlister Family Law
A logo for McAlister Family Law

Heather Lucy analyses the lessons that can be learnt from a judgment in an ultra-high-net-worth case as to interim applications more generally

Private children: Same difference?

Vardags

Katherine Res Pritchard and Sacha Lee look at internal relocation and the approach taken by the courts following Re C

Private children: Narrowing the options

Rayden Solicitors

Danielle Nuttall analyses the approach to orders made at interim hearings in private children proceedings

Divorce: Starting afresh

Lewis Denley
The logo for Lewis Denley

Marwa Hadi-Barnes outlines the changes to divorce and dissolution with the advent of no-fault divorce, including procedural considerations

Fertility treatment: Preparing for the worst

Burgess Mee

Natalie Sutherland looks at posthumous conception and issues of consent and legal parenthood

Property Law Journal

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Leaseholds: Ground zero

Brabners LLP

Are doubling ground rents legally fair? Jessica Parry, Edward Blakeney and James Fieldsend consider the evidence

Habitats Regulations Assessments: Refocusing towards nature’s recovery

Herbert Smith Freehills LLP

Fiona Sawyer considers the regulations and how the regime will change following a government refocus announced earlier in May

Construction focus: The unwritten rule

Forsters LLP

Emma Swan warns against the use of oral contracts in order to avoid uncertainty

The Levelling Up and Regeneration Bill: Planning changes

Irwin Mitchell LLP

Nicola Gooch provides an initial overview of the planning-related proposals in the Bill

Joint ownership: Common intention and detriment?

University of Greenwich

Mark Pawlowski considers whether detriment is a necessary requirement in joint ownership cases involving the family home

Residential ground rents: The end of the road

Clyde & Co LLP

Alexandra Adams and Sarah Buxton review the first of the government’s planned leasehold reforms to get over the line

Commercial Rent (Coronavirus) Act 2022: Business as usual

Watson, Farley & Williams

With the end of restrictions preventing landlords from taking action against their tenants, Dev Desai considers the new legislation put in place

Asbestos: The elephant in the room

Herbert Smith Freehills LLP

Julie Vaughan considers a select committee report calling for the removal of asbestos and its implications

Case study: Repairs around a river

Irwin Mitchell LLP

A landowner is facing a number of offences for carrying out alleged repair works on his land. Jill Crawford investigates the incident and its implications

Planning reform: The Levelling Up agenda

Herbert Smith Freehills LLP

Fiona Sawyer considers what the Levelling Up White Paper says about taking forward the Planning White Paper planning reforms

Trusts & Estates Law and Tax Journal

This category can only be viewed by members.

Musings from Manchester: Putting trust professionals in the role of policing the anti-money laundering industry is unhelpful and onerous

Old Trafford Consulting Ltd

O T

Does the Trust Registration Service achieve its anti-money laundering goals, or is it just another expensive layer of bureaucracy for clients, asks Geoffrey Shindler

Quistclose trusts: A high threshold of facts

University of Wolverhampton

Recent case law has confirmed that Quistclose trusts do not override commercial practice. Professor Sukhninder Panesar explains

Alternative dispute resolution: Seeking consensus

Withers LLP

Dawn Goodman explores how mediation can work well in trust and estates disputes

Jurisdiction: After Brexit

New Square Chambers

Simon Adamyk and Jessica Powers examine the current judicial approach to jurisdictional challenges on forum non conveniens grounds

Wills: High Court rules against multimillionaire’s 2014 will

Nelsons

Documentary records were critical in establishing lack of knowledge and consent in a high-value judgment over an illiterate settlor’s will. Kevin Modiri discusses

Trusts: Doing away with the need for detrimental reliance

36 Group
36 Family logo

Guy Holland analyses whether a cohabitee’s beneficial interest can be varied by express agreement alone

Practice spotlight: Can you trust your instincts?

Jurit LLP

Sheila Rusike and Jo Summers outline some interesting trust practice points gleaned from their recent experience for the benefit of other practitioners

Trustees: Call of duty?

Baker & Partners

James Sheedy reviews what the trustee needs to know about impact investing

Musings from Manchester: The new generation

Old Trafford Consulting Ltd

O T

What is the best approach to training future trust and estate practitioners? Geoffrey Shindler draws on the past to learn lessons for the future

Mental capacity: A history of local authority interventions

Denzil Lush

D L

Denzil Lush sheds light on the origins of local authority involvement in mental incapacity proceedings

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