Ryanair pilots were regularly placed on unpaid standby at airports for up to four days In a judgment that risks Ryanair was found to be breaching English employment law. It was also accused of exploiting crew. Brookfield Aviation International, which supplies pilots for Ryanair’s fleet, was denying pilots basic rights, a case at the Mayor’s and City of London Court found. Lawyers acting for the Irish Airline Pilots’ Association, which represented four pilots, argued successfully that Ryanair cockpit crew were unfairly penalised when they left short of their notice period. One pilot faced a €5,000 (£4,320) penalty for leaving…
25 July 2013 This article first appeared in the Solicitors Journal and is reproduced with their permission. A recent case has shed welcome light on the correct measure of loss following the discharge of an injunction, says Ruth Hughes The way losses suffered as a result of a freezing order should be assessed was considered most recently in Abbey Forwarding Ltd v Hone [2012] EWHC 3525 (Ch). The case involved an inquiry as to the amount recoverable by three former directors of Abbey Forwarding Ltd from Abbey pursuant to the undertaking in damages that the company had given when it…
Supreme Court North and v Dumfries, Equality and Human Rights Commission intervening This is an important decision of the Supreme Court affecting equal pay rights. Judgment June 26, 2013 When considering whether men who worked at a different location were in the “same employment” as women who were claiming sex discrimination, the hypothesis was that the chosen male comparators be transferred to do their present jobs at the location where the women claimants worked and there was no requirement that there be a real possibility that such a transfer would occur. The Supreme Court so held in allowing an appeal…
In the UK, 93% of children whose parents have separated live with their mother rather than their father. As a result, many people tend to assume that mothers automatically have a stronger parental right than fathers. They tend to think that the children belong with the mother. Therefore, if the mother leaves the marital home most people expect that the children to automatically move out with her. What the Law Says In reality, the law does not support this commonly held view. Both parents should be involved in deciding where the children live. This is because of something called Parental…
In the UK, 45% of first marriages end in divorce and 31% of second time marriages end in the same way. Sadly, children are involved in many of these divorces, including stepchildren. Despite this, the subject of what happens to stepchildren in a divorce is not one that is discussed much or understood. Here we will take a brief look at the subject. Staying Involved Many stepchildren want to keep in contact with their stepparent. Although there is no biological bond most stepparents and children form close relationships, which they value and want to maintain. However, the child’s birth parent…
First published by the solicitors Journal and reproduced with their permission. Most clients will be enthusiastic about being offered equity in a business; you role as their adviser is to make sure this is not a poisoned chalice, says Jonathan Silverman Not infrequently I am consulted by a client who is already working in a business in some capacity or other, who has been approached by the proprietors offering some form of equity participation. One of your dilemmas as a practitioner is the extent to which you should offer practical commercial advice as against simply explaining the legal formalities surrounding…
In the UK, 92% of children whose parents have broken up live with their mothers. This is despite the fact that the laws surrounding who gets custody of children do not stipulate the gender of the parent the children should reside with, and never has. In law it is the children who have the right to have contact with both parents. How This Situation has Come About? The practice of awarding custody (these days called a Residence Order) to the mother over the father has come about mostly because of the way society views mothers, rather than what the law…
Up until April 2013, if you were on benefits you had an almost automatic right to Legal Aid for all kinds of legal issues, including arguments over money and children during divorce. Now, only litigants who are seeking a divorce because of domestic abuse or who need to end a forced marriage will qualify for legal aid. Therefore, the answer to the question, ‘Is it possible to get legal aid for a divorce when on benefits?’ is ‘Yes, but only if you are trying to end a seriously abusive relationship’. It is important to understand that the abuse need not…
Provided both of you are resident, in the UK, getting a divorce is a relatively quick and simple process. Every year around 117,000 people get divorced in England and Wales. Usually it takes between 4 and 5 months to finalise the divorce from the date that the divorce petition is submitted. At Hylton-Potts we have a letter from the High Court judge in London, congratulating us on the speed of our litigation and responses. A copy is viewable here and we are rather proud of it Getting divorced is a three-step process, which is easy to understand and follow. Valid…
One of the trickiest parts of getting a divorce is drawing up an agreement about how assets will be divided. Many couples waste months of their lives and spend £1,000s arguing about the division of assets in court. A recent government study showed that, on average, couples who go to court to divide up their assets end up spending around £4,000 to resolve the issue. Typically, it takes around 14 months before the matter is ruled upon, and, often, neither couple is happy with the judge’s decision. Unfortunately, it is not unusual for one spouse to get frustrated and empty…
