Latest blog entries
Posted in Industry News by Stuart Cobbett | 05.03.10
Resolving disputes before trial can be beneficial to all parties. Costs and management time can be saved and a clear agreement tailored to the facts of the case can be reached. On occasions it may be possible to reach an agreement on the underlying issues but the question of liability for costs may remain contentious, particularly where the parties both consider themselves to be the successful party. In such cases the parties can, and often do, agree that the Court determine which party should bear responsibility for the costs of the proceedings.Vector v WilliamsThe recent case of Vector Investments...
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Posted in Industry News by Sarah Sevitt | 02.03.10
It can hardly have escaped most of us that Cheryl and Ashley Cole are to go their separate ways after certain allegations have emerged recently. The media circus that surrounded their marriage is likely to continue over the coming weeks, with everyone keen to know the ins and outs about who did what, and who will get what.But leaving aside all of the gossip and intrigue, in reality if the Coles do go ahead and divorce, it is likely to be a very simple and straightforward case in terms of how a financial settlement will be reached.The courts are required to apply a number of...
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Posted in Industry News by Emma Blackstone | 19.02.10
When a marriage breaks down, it is understandable that the separating couple will want to resolve the issues which have arisen as a consequence of their split, such as divorce, arrangements for the children and the finances, as quickly as possible.It is not uncommon for parties to talk to each other about what they want in terms of financial support, capital or pension provision going forward. It is good to talk to your former partner and identify areas of agreement or issue. Such communication should be encouraged and can achieve an early settlement without the need for Court proceedings.It is, however, important to ensure...
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Posted in Industry News by John Mackle | 17.02.10
The Mercedes Benz in Lombard North Central plc v Automobile World (UK) Limited [2010] EWCA Civ 20 was a rare Mercedes Benz S600 Pullman, the kind of car, the Court of Appeal observed, which a country's Head of State might order to an almost bespoke specification. A question before the Court of Appeal was whether the innocent party, Lombard, had failed in its duty to mitigate its loss by reason of the inadequate manner in which it had resold the car. Automobile World's complaint was that Lombard had failed to realise the nature of the car which it had repossessed for sale. It argued...
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Posted in Industry News by Deborah Warren | 15.02.10
The status and rights of agency workers has been the subject of much debate over the last decade. The Courts seem to have found it difficult to strike a balance between the rights of end-users, agencies and agency workers which is acceptable to all parties. This led to a huge number of cases brought by agency workers uncertain of their employment status and rights. However, the Government has now created the Agency Workers Regulations 2010 in an attempt to settle the matter. The legal set up surrounding an agency worker is tripartite. The agency has a contract with the agency worker governing issues such as holiday entitlement and pay, and...
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Posted in Industry News by Julia Pearson | 09.02.10
When a family member passes away, the last situation anyone wants to find themselves in is being embroiled in a family feud. Sadly, however, disputes can easily arise. This is sometimes due to poor planning by the deceased who may not have made a Will or their Will may simply be open to challenge by people who consider they should have received a benefit. Contentious Probate disputes have been on the rise in recent years. Looking back over the last 25 years provides the answers as to why. There has been a steady rise in asset values, people are leading...
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