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Employment Law Bulletin - July 2022

Welcome Normally in employment tribunal cases, the tribunal will only make decisions about issues that are raised in the pleadings (the ET1 and ET3) and/or those agreed between the parties during the case management process. The recent case of Osinuga v...

How do I get parental responsibility?

You may have found yourself in a situation where you need parental responsibility in order to properly care for a child. Parental responsibility can be obtained in a number of ways, depending on your relationship with the child. What is parental...

TO PRE/POST-NUP OR NOT TO PRE/POST-NUP?

Introduction   Whilst it is always hoped and expected that your marriage will last a lifetime, sometimes, these wishes are not fulfilled. In the event of this, and to avoid litigation, it is sometimes a preference for both parties to sign an...

CAN I CONTEST A NON-MOLESTATION ORDER?

The short answer is yes: if a non-molestation order is made against you, you can challenge it.   Background   A non-molestation order prevents an individual who is in some way connected to the applicant from having any contact (Family Law Act,...

How does separating from my spouse affect Capital Gains Tax?

Typically married couples will be exempt from Capital Gains Tax (CGT) when they transfer (or sell) assets between themselves. This is because the disposal of assets is not treated as ‘chargeable’. The law states that the transfers between spouses...

Employment Law Bulletin - June 2022

Welcome Section 100(1)(d) and (e) of the Employment Rights Act 1996 provides employees with protection from dismissal if they exercise their right to leave the workplace or refuse to return to it, or take other steps to protect themselves, if...

Employment law bulletin - May 2022.

Welcome Employees have the right not to be unfairly dismissed. For a dismissal to be fair, an employer must show that they have a potentially fair reason to dismiss - such as conduct or redundancy - and that they acted reasonably in treating...

Preparing for Mediation as a Solicitor: Controlling the Controllables

Following a successful mediation last Tuesday (a Settlement Agreement was signed by around 7pm), I reflected generally on what the controllables are that one can control, or at least try to control, as a mediation advocate and as the solicitor representing...

Fraudulent Calumny: Poisoning a Testator's Mind

The recent case of Whittle v Whittle  indicates that poisoning a potential testator’s mind against another beneficiary by casting dishonest aspersions upon his or her character, where the person making the aspersions either knows them to be...

Unfair prejudice: what kind of conduct is relevant?

Just because a shareholder doesn’t like how the company is being managed doesn’t mean the court will make a finding of unfair prejudice. In  Primekings Holding Limited v Anthony King [2021] EWCA Civ 1943 the Court of Appeal...
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