Light in dark places-opening up Family Courts to the press and public scrutiny. Judgments determining custody battles, care orders and whether children should be rehomed will now be published unless there are “compelling reasons” not to. It will also extend to other private cases in the family courts, such as divorce-related disputes and decisions affecting the health and welfare of vulnerable adults in the Court of Protection. In these cases, the presumption will be in favour of publication, if the rulings are deemed to be in the public interest, or if the judge grants a request by the media…
Extended appeal time limit for Nurses and Midwives Court of Appeal Judgment July 9, 2013 The 28 day time limit for lodging an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse or midwife can be extended where the appellant personally had done all she could to bring the appeal in time. Court of Appeal said that in the Administrative Court that the 28 day time limit was absolute. But the Supreme Court had subsequently decided, in which it had held that absolute time limits might, in some circumstances, have to yield…
The judgment of the Supreme Court in Petrodel Resources Ltd v Prest gave some clarity for those involved in family and company law. There has been particular practice followed in the family courts; where a spouse was the only shareholder of a company, which held assets but did not have third-party creditors, those assets could be transferred directly to the other spouse in settlement of his or her claims. That the practice ‘must now cease’. The Supreme Court’s judgment confirms that there should be no such practice – the rock of separate corporate personality must be respected. Mrs. Prest’s appeal…
I run a software consultancy company in a highly competitive market. We have a few rain -maker employees who generate excellent profits and I am keen to know what I can do to encourage them to stay. Can I ask them to sign long fixed-term contracts or pay them a bonus which is repayable if they leave within a certain period? The most obvious solution might seem to be a long fixed-term employment contract. However, you cannot force an employee to work. So, in practice, the employee could walk out at any time, despite what his, or her, contract says.…
My company recently began working with a sensitive client who demands we undertake Disclosure and Barring Service checks (DBS checks, previously known as CRB) on my staff. One of my employees was convicted of some offences and did not disclose this when he applied for the job. Our client now demands that we dismiss him if we wish to continue working with the company. We do not want to lose the contact, but are wary of dismissing the employee and are worried about what action he could take against us if we do dismiss him. Can you advise? You are…
Avoid solicitors’ hourly rates. It’s like therapy. Lawyers are paid by the hour. They say things that make you feel good. And it is in their interest to spin things out. But there will come a time when you and your ex are arguing about the last CD, which is now the only thing either of you possess, and you will suddenly notice that both your lawyers are driving shiny Rolls-Royces. So if you need legal help go to someone like Hylton-Potts, who will charge you fixed fees You’re broke A male breadwinner takes a 25 per cent pay cut,…
One of my employees tweeted something about the accounting policies of a major company that, while light-hearted, could have been construed as libelous. The employee has been dealt with appropriately, but I am worried about how to avoid such situations arising again. As Sally Bercow recently found to her cost, the intended meaning of a tweet is immaterial. The law looks at the ordinary meaning of the words or any innuendo, meaning that they carry as a result of the surrounding factual circumstances. Furthermore, although a tweet is only short, the impact of what is said can be just as…
I own a marketing company, and am looking at bringing in a senior person to help. I want the business if things do not go well. Is there anything like a “business pre-nup” I can put in place? A “business pre-nup” usually consists of a number of documents. The new arrival’s employment contract must contain key protections: restrictive covenants, and confidentiality, garden leave and payment in lieu of notice clauses. Any bonus scheme should require the individual to be in employment and not under notice, given or received, on the payment date to receive a bonus. Ensure any shareholding is…
New civil practice rules could make it easier for creditors to enforce charging orders but they must still follow the correct procedure, says District Judge Paul Ayers CPR 73.3 sets out the requirements for Charging Orders and Orders for Sale. The original application is dealt with without notice, but the interim order must be served on the persons detailed in that order, not less than 21 days prior to the final hearing. Like any subsequent application for an order for sale, the making of the order is in the discretion of the judge. By virtue of section 93 Tribunals, Courts…
