January 2013 Archive

The Community Protection Order (closure)

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In February 2011, the Home Office initiated a consultation on wide-ranging proposals to address anti-social behaviour and this included a review of the various existing powers available to the authorities to close residential and commercial premises. More …

The perils of co-ownership

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Buying a property with someone else is an investment for the future. As with any investment, every purchaser should want to know who owns what when their investment is realised. That is dictated by how the property is held. More …

What information should be disclosed under an audit clause?

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Contracts often contain a clause granting one party the right to access information held by the other party in relation to the agreement between them (audit clause). More …

Will changes to adoption law that remove the consideration of racial origin serve children's best interests?

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Our adoption rates are now at their lowest point for a decade. Just 76 children under the age of one were adopted in 2011, down from 95 in 2010 and 287 a decade ago. More …

Government introduces legislation prohibiting excessive payment surcharges

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In the UK, payment surcharges have been something of a 'hot topic' in recent years. A payment surcharge being a charge made for the use of a particular method of payment in addition to the price of the goods or services purchased is usually encountered when businesses impose surcharges on payments made by credit or debit card. More …

Unfair dismissal cap at 12 months' pay - What's the impact?

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BIS has today released the Government Response to the consultation on changing the cap on the compensatory award for unfair dismissal and details of the new "settlement agreements" regime (compromise agreements with a difference). More …

What to expect at court hearings and frequently asked questions

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You should try to dress smartly for your court hearing. Often, clients will prefer to wear a suit and smart shoes so that their attire is in keeping with the formality of the occasion. More …

Judges aware of Counsel's advice to a party, unfair conduct of trial

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In the case of Marie Joseph Charles Robert Lesage v the Mauritius Commercial Bank Limited (2012 UK PC41) the Privy Council considered, in circumstances where the defendant had written to the Chief Justice sending him a copy of a letter written to the defendant by his counsel advising him to accept terms of settlement, the judges should have recused themselves. More …

A rise in child abductions following divorce

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There has in recent years been a rise in reported cases of parents abducting their children following separation or divorce. Sometimes these cases are high profile and widely reported in the press. More …

Limitation and deliberate concealment in professional negligence claims

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Professional Negligence is a complex area of law and a number of requirements need to be satisfied for a claim to be feasible. More …