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Developments in the law on Redundancies

Usdaw v. Ethel Austin Limited (In Administration) [2013] IRLR 686 confirms that a “collective redundancy” occurs when an employer proposes to dismiss 20 or more employees at a single establishment within a period of 90 days or less. Section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 provides that an employer must consult about such proposed dismissals. If not, the affected workers are entitled to claim a ‘protective award’. The Act implements European legislation contained in the EC Collective Redundancies Directive 98/59.

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Defamation Act 2013 – How it affects us

The new Defamation Act 2013 came into force on 1st January 2014. A defamatory statement is one that lowers the claimant in the estimation of right-thinking people, or causes the claimant to be shunned and avoided. The Defamation Act 2013 adds another requirement: a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to the reputation of the claimant. Read more

Importance of making a Lasting Power of Attorney

None of us know what tomorrow has in store for us. We all assume that if we should ever become incapable of managing our affairs, someone we trust would look after us. Most of us refuse to accept there is even a risk of it happening. But diminished mental capacity is not just a problem for the elderly or infirm, it is a risk to which we are all open, be it from a simple fall at home or from a road traffic accident. The Mental Capacity Act 2005 (as amended) provides that if you did not appoint an Attorney whilst you were able, then only a Court can appoint one in your place. Read more

Legal Update – Residential Landlord And Tenant Law

The recent Court of Appeal decision in Superstrike Ltd v. Marino Rodrigues has caused fresh uncertainty over the operation of the Deposit Protection Rules for Landlords. In that case, where the deposit had been paid prior to 2007, the judge ruled that the Landlord should have protected the deposit when the initial short-hold tenancy came to an end because the resulting periodic tenancy was a new tenancy. In Superstrike, the fixed term tenancy ended after 2007 and a statutory periodic tenancy started because the Tenant stayed on.

Financial remedies in Divorce

Financial disputes within Divorce proceedings make divorce an adversarial process. The aim should be to negotiate a settlement that reasonably provides for each party and which divides the matrimonial assets fairly.

 

If you are the main or sole earner in a marriage, continuing to support your spouse financially before reaching final agreement should not have an adverse effect on the final agreement, though failing to provide necessary support may affect you adversely. Thus, if you are financially dependent on your spouse, you should ask for appropriate arrangements to be made. If he/she refuses to do so you can apply to the court for an interim financial order to meet your reasonable financial needs until final agreement is reached or an order of the Court is made in this respect. Read more