Newsletters

Business and Commercial

In this issue David Daly explores the limits of mediation confidentiality, Nick Isaac reviews a recent Supreme Court case in which business practice clashed with legal theory, and Steven Walker reports on important developments in arbitration in his native Scotland.

In this issue Phillip Aliker writes on the differing standards of proof and procedure in a challenge to jurisdiction, while Andrew Butler discusses the new rules on costs capping.

This is the inaugural edition of the Business & Commercial Group Bulletin. In this issue recent cases touching on cost-effective disclosure are looked at, in particular electronic disclosure, reflecting the potential burden due to widespread internet and data use, together with an article on a significant Privy Council decision on how the implication of contractual terms can address unforeseen situations.

Family

This issue contains articles from Kerstin Boyd on cohabitation and the law governing the payment of maintenance, Catriona MacLaren examines trusts of land since Stack v Dowden and Gwyn Evans discusses arrears of child maintenance under the Child Maintenance and Enforcement Commission.

Olivia Murphy discusses Baroness Deech's call for reform of the law relating to maintenance; Charlotte Jewell provides an update on pre and post nuptial agreements and the second instalment of Philip Conrath's article on placing children abroad are all included in this issue.

In this issue Dick Pears examines the law since Xydhias in respect of upholding agreements; Philip Conrath writes about placements of children overseas; while Timothy Shuttleworth discusses solutions to cases where a Local Authority has to intervene to remove a child permanently.

Bite sized tips and a more in-depth article pertaining to money cases, along with a useful summary of the important changes in public law children work hailed by the introduction of the Public Law Outline.

This issue takes on a financial flavour, with articles covering Bankruptcy in Ancillary Relief, and thoughts on the implications of Stack v Dowden. A précis of the changes to the law surrounding non-molestation orders post 1 July 2007 is also included.

Articles covering a range of interesting topics, including thoughts on FDRs, an insight into the bedding down of the Special Guardianship provisions and the interplay between the Family and Youth Criminal Justice Systems.

This issue contains an article on Civil Partnerships, a piece on the use of ICOs in the context of private law proceedings and a case which illustrates a prime example of Judicial Independence.

Employment

In this issue Sarah Stanzel considers the recent developments in compensation limits and the way compensation is assessed in discrimination and unfair dismissal claims. Laura Robinson and Gemma de Cordova provide a guide to the many recent decisions on employment status and consider the implications.

Martina Murphy tackles the employment status of members of LLPs and controlling shareholders in this issue. You will also find Paul Stevenson's timely thoughts on pay for staff kept at home by the wrong kind of snow.

In this issue David Berkley QC examines TUPE Transfers on Insolvency and Stephen Heath considers Burdens of Proof in Tribunal claims.

This issue contains articles on the implications of the Employment Act 2008 and justification defences to age discrimination.

A helpful summary of the latest maternity and parental leave provisions, and some of the most recent cases on automatic unfair dismissal, agency workers and the trust and confidence term are considered. The final article provides a more light hearted view of a recent EAT case.

The effect of four recent EAT cases on the status of agency workers is considered, and a key Court of Appeal decision which re-defines the meaning of “reasonable belief” in the context of whistleblowing is examined. There are also two articles which look at a possible change of direction by the EAT in relation to ‘Polkey reductions’ and an EAT decision on equal pay.

Personal Injury

In this issue Kerstin Boyd writes on the government’s failure to implement legislation which would enable victims of pleural plaques to recover compensation. Michael Bailey discusses the decision in Re W (Children) and examines the question of whether any actions would lie in negligence against the various parties involved.

This issue looks at Rome II and the implications for accidents abroad, together with an article which delves into claims in respect of career-ending injuries.

A recent case relating to an employer’s liability for work related stress is considered, the amended CPR 36 is examined, together with some reports on recent cases.

Property

This edition looks at protecting overage rights. Andrew Sheftel discusses the pitfalls and offers practical solutions. Cecily Crampin considers the options open to leaseholders.

This issue includes recent cases in the Court of Appeal involving Nick Isaac, Chris Coney and Geraint Jones QC and Tim Polli considers a method for a landlord in uncertain economic times to maximise its claim for rent from a tenant company who enters into a CVA.

This edition pilots a new look with in-depth articles, including an investigation into the implications of Watson v Croft Promo-Sport Ltd, an article on visibility splay and finally an article exploring beneficial interest in trust property.

The decision in of the LVT in Islington LBC v Lucy Shehata Abdel-Malek and on appeal, is explored, together with articles on a right of way, economic torts and the gaps in the RICS Disciplinary Rules 2007.

Developments in the law of tenancy deposits, examines the importance of claiming a leaseback in a counter notice, and the question of when compensation can be awarded for distress and inconvenience. The final article looks at building boundaries in the context of rights of access.

If you would like to be added to our distribution list for future Newsletters please contact Deborah Haigh, specifying which area of law you are interested in.
020 7421 5300