Category Archive: News

Failing to Take Legal Advice Can Have Costly Consequences

A man who neglected to take legal advice before putting his home into his and his long-term girlfriend’s joint names will have to live with the consequences. Despite his protestations, a Judge found that she was entitled to half the property – in part to recompense her for the way that he had treated her….

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Mental Health Awareness in the Workplace

Whether you are an employee or employer, mental health in the workplace affects at least 1 in 6 of us and work is the biggest cause of stress in people’s lives, more so than debt or financial problems. Tayntons Solicitors have put together some top tips for both employees and employers for staying on top…

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Struggling to Collect a Debt? Bankruptcy Proceedings Are Often Effective!

Collecting debts can be a long and arduous process, but bankruptcy proceedings are often an effective means of bringing matters to a head. That was certainly the case where one businessman tried, but failed, to avoid bankruptcy in respect of a judgment debt totalling more than £16 million. He ran a professional firm and had…

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Straightforward Honesty is the Best Route to a Stress-Free Divorce

Any good family lawyer will tell you that the best way of minimising the expense and stress of divorce proceedings is to be straightforwardly honest. The point was well made by a case in which a successful property developer paid heavily for his misguided attempts to deny his ex-wife a just settlement. During their 25-year-marriage,…

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Legal Advice Essential if You Want to Win Your Employment Case

Busy Courts and Tribunals do not wait on your convenience and a failure to engage in proceedings can result in your claim being struck out without a Hearing. Exactly that happened to one worker who chose to fight his employment case without the benefit of legal advice. Following his dismissal, the man lodged numerous, unfocused,…

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Always See a Lawyer before Objecting to a Neighbours’ Building Plans

You are entitled to object to your neighbours’ building plans, but wise homeowners always seek professional legal advice before doing so.  In one case, a homeowner (“Objector”) who opposed construction of an extension to a neighbouring property ended up being ordered to pay his neighbours in excess of £20,000 in damages. The Objector believed 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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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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Whistleblowing – Information or Allegation? Guideline Ruling

Workers who disclose information in the public interest are entitled to protection as whistle-blowers – but what exactly qualifies as ‘information’ within the meaning of the Employment Rights Act 1996? The Court of Appeal has considered that issue in a guideline case. What happened? A local education authority employee claimed to have suffered detrimental treatment…

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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 has tackled that issue in a guideline ruling. The…

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