Archives

Interpreting Contracts – It is Express Terms that Matter, not Hindsight!

The Law requires that commercial contracts are interpreted on the basis of the words actually used and it is illegitimiate to apply hindsight in order to achieve what might be viewed as a fair outcome. In an important decision in an employment case, the Court of Appeal found that a Judge fell into precisely that…

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Dismissal without a Right of Appeal is Almost Always Unfair

It is nearly always unfair to dismiss employees without affording them a right of appeal. The Employment Appeal Tribunal (EAT) made that point in the case of a pizza restaurant employee who was sacked in the mistaken belief that his right to work in the UK had expired. The competent, capable and well-regarded worker was…

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Can you be working when you’re asleep? Court of Appeal Says No!

Many employees, particularly in the care industry, are required to sleep in overnight at or near their workplaces in order to provide assistance if needed – but are they entitled to receive the National Minimum Wage (NMW) for hours spent in slumber? The Court of Appeal (CoA) has tackled that issue in a guideline ruling….

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Don’t Launch Employment Proceedings Without Legal Advice

Two reasons why you should always seek legal advice before launching employment proceedings are; that strict time limits apply and that a failure to properly focused your claims at the outset can results in all or some of them being dismissed without a hearing. A case concerning a Sales Executive who was dismissed shortly after…

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Divorcee Pays Price for Unwise Financial Choices – Supreme Court Rulings

Dependent spouses are entitled to have their reasonable financial needs met if their marriages end in divorce – but what happens if those needs are increased by their own unwise investment choices? The Supreme Court addressed that issue in an important test case. Following the end of a 15 year marriage, a divorce settlement was agreed…

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Children’s Play Facilities Must be Safe as well as Thrilling – High Court Ruling

The Law does not require children to be wrapped in cotton wool and recognises that play facilities must be thrilling as well as healthy. However, as a High Court decision showed, that does not mean that it is acceptable to expose youngsters to reasonably foreseeable risks without adequate warning. The case concerned an inflatable structure…

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Facing disciplinary Proceedings at Work? Consult a Lawyer Today!

If you are facing disciplinary proceedings at work, it makes sense to contact a Lawyer straight away. The point was made by one case in which a Judge came into the aid of a Consultant Psychiatrist who faced accusations of gross misconduct after a young prison inmate hanged himself. The Psychiatrist worked part time at…

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Enquiries Before Contract – Why Your Answers Must be Accurate!

“A new commercial premises for your business is a huge financial commitment but can be an exciting step in further developing your business. As a Landlord, a good long term tenant can provide you security of income for many years. However, when things go wrong the costs of resolving a dispute can be substantial. So…

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Pregnancy and Birth Injury Claims

Pregnancy and child birth should be a very special and exciting time in any woman’s life. With over 696,000 births being recorded in 2016 in England and Wales, any woman would expect their local NHS to be well trained, equipped and prepared for the pregnancy and delivery of their baby. Rising statistics can only suggest…

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Teenager Orphaned by Unique Medical Tragedy Wins £50,000 Compensation

A 16 year old boy whose mother died after a piece of plastic tubing was left inside her following a hear operation will at least receive a financial start in life after his Lawyers negotiated a £50,000 settlement of his unique Clinical Negligence claim. The mother suffered from a congenital heart defect and had gone…

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