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Contract Terms Clarified by Court

No amount of careful drafting can be guaranteed to iron out disagreements as to the true meaning of contract terms and when a dispute occurs it may require the intervention of a judge to bring clarity. One case exactly on point concerned a contract for the...

Judge Sees Through Attempt to Hide Assets

When a couple divorced in 2014, the ex-husband was ordered to pay his ex-wife periodical payments of £120,000 per year after he was found to have used a variety of stratagems to make himself appear worse off than he really was. A mere three months...

Business Tycoon's Wife Well Served by Lawyers Who Drafted Her Will

A solicitor's primary duty when drafting a will is to follow faithfully their client's instructions after giving accurate and level-headed advice. In a professional negligence case triggered by the early death of a business tycoon's wife, the High Court...

Restrictive Covenants and Unlawful Restraint of Trade

Restrictive covenants in employment contracts are worthless if they are so broad as to amount to an unlawful restraint of trade. The Court of Appeal reiterated that point in enabling a senior recruitment consultant to take up a position with a competitor of...

Take Care When Appointing a Non-Lawyer as Your Executor

When you appoint a solicitor to be the executor of your will, you can be assured that they will understand their duties and can be relied upon to comply with them. However, as a High Court case showed, the same sadly cannot always be said of friends or...

Council's Drafting Error Opens Way for Change of Use

Planning permissions mean what they say and judges are very reluctant to imply terms into them, even in order to correct flawed drafting. That point was made by the High Court as it opened the way for a former DIY store to be used for food retailing. ...

Court Corrects Parenthood Bungle

When a same-sex couple undertook fertility treatment which led to the birth of a baby girl, the intention was that both would be listed as her legal parents. However, due to mistakes made in processing the necessary forms, only one of the couple was shown as...

Employment Status - Uber Must Take its Case to the Court of Appeal

After the Employment Appeal Tribunal upheld the decision of the Employment Tribunal that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to receive...

Part-Time Workers and Discrimination

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR), which came into force on 1 July 2000, established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable...

National Minimum Wage Rates 2018-2019

The Government has accepted the Low Pay Commission's recommended rates for the National Living Wage (NLW) and the National Minimum Wage (NMW) that will come into effect on 1 April 2018: The NLW, which applies to those aged 25 and over, will...
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