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Archive for the ‘Disputes’ Category

Beating the bullies

Posted in Disputes, Employment, General Law on March 2, 2010 | Leave a Comment »

The issue of workplace bullying has hit the headlines again with allegations about the Prime Minister.
As is so often the case, people’s reactions tend to be shaped by their own views. Labour loyalists are quick to describe Gordon Brown as passionate – but not a bully – while political opponents try to stir things up.
That’s [...]

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Divorce and the SME: could you lose your livelihood as well as your love life?

Posted in Disputes, Family, General Law, Ownership and management, Uncategorized on October 13, 2009 | Leave a Comment »

With most small businesses being family firms, it’s a surprise that divorce isn’t mentioned more often as something of a business risk. What would happen to you and the company if your marriage broke up? Following the recent trend of courts handing out huge payoffs to housewives and husbands alike, could you lose your livelihood [...]

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Business isn’t always a bed of freshly cut roses…

Posted in Disputes, General Law, tagged , , , , , on September 2, 2009 | Leave a Comment »

In any relationship there is always the chance of things going sour. In business relationships, you really need to be prepared for the worst to ensure that you are not at unreasonable risk financially if it doesn’t all work out.  In practical terms, this means that you need to think about dispute resolution before you [...]

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Case law: workers’ paid holiday rights while on long-term sick leave

Posted in Disputes, Employment, tagged , on July 15, 2009 | 1 Comment »

Businesses must take note of a recent decision of the House of Lords, applying a European Court of Justice (ECJ) ruling on the holiday rights of workers on long-term sick leave.

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Redundancy and unfair dismissal compensation payments to rise

Posted in Disputes, Employment, tagged , , on July 13, 2009 | Leave a Comment »

From 1 October 2009, the maximum statutory amount that employers must pay for redundancy and unfair dismissal claims is due to increase.

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Case law: overpayments to subcontractor may not be recoverable

Posted in Disputes, Employment, tagged , on June 19, 2009 | Leave a Comment »

Businesses must check their subcontractors’ invoices carefully, as they may not be able to recover amounts inadvertently overpaid, according to a recent Court of Appeal decision.

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When using ‘without prejudice’ keeps correspondence confidential

Posted in Disputes, tagged on June 19, 2009 | 1 Comment »

A recent case in the House of Lords has given useful guidance on when a letter marked ‘without prejudice’ can be kept confidential in a subsequent court case, and when it has to be disclosed.

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Case law: court can give own interpretation to agreement where contractual terms are unclear

Posted in Disputes, tagged on June 19, 2009 | Leave a Comment »

Businesses are advised to ensure that their contracts are clearly drafted, rather than risk expensive litigation leading to an outcome that neither party intends, following a recent Court of Appeal ruling.

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Case law: equal pay claim does not need to identify individual comparator

Posted in Disputes, Employment, tagged on June 19, 2009 | 1 Comment »

Employers seeking to defend equal pay claims cannot rely on the fact that the claimant does not identify an individual comparator, following a recent Court of Appeal decision.

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Undue influence and unequal treatment of children

Posted in Disputes, Family, tagged , on June 19, 2009 | Leave a Comment »

Where one child seems to have benefited disproportionately from a parent’s generosity, it can lead to allegations of undue influence from brothers and sisters who have lost out. A recent case shows how inequalities can be justified and how a parent can take steps to reduce such disputes after their death.

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