My small print business is struggling financially. To try to keep all staff on board, we have put forward a proposal to cut their salaries by 10 per cent. Of our 12 employees, two are against the proposals. Can we force the pay cut through, or will we need approval from everyone? Rodney Hylton-Potts, leading employment litigation lawyer said; It is unlawful to reduce salaries without the express consent of your employees, even if the majority of agreed, but there is a solution. You should provide the employees who face a pay cut with full details of the business, behind…
Leading litigation lawyer Rodney Hylton-Potts said Barclays’ problems have not stopped with the departure of Bob Diamond, and paying a record fine .They are liable for civil damages. Housing Associations and insurers are examining past trades to determine whether they have a lost. Two main features of Libor manipulation could have caused a loss. Rates set with reference to the Libor rate may have been set too high, for example before Lehman’s failed in 2008. And fluctuations may have triggered counterparties’ ‘opt-in’ or ‘opt-out’ clauses on agreed trades. The Bank of England should have been aware the Libor rates were…
We recently bought a new automated production line. The key part of the specification was for the line was to fill and pack at least one unit per second. When fitted, its maximum rate is one unit is 30 units every two seconds. We have had to add a second shift to compensate for the slow performance. What recourse do I have? Can I ask for my money back or get refund, or get compensation? Rodney Hylton-Potts, leading litigation lawyer said; The starting point is to read any written terms and conditions (‘small print’). There the buyer makes it known…
I own a private ‘Butler’/housekeeping’ service for high net worth clients. We use Facebook alot. One of our consultants has been impersonated online and the person behind this fake profile is posting defamatory information about our services and clients. It is seriously damaging our business, but how do we take action without knowing who is responsible? Rodney Hylton-Potts, leading litigation lawyer said; Report the abuse to the social media site operator. Its terms and conditions will show how this can be done. Online notification can be difficult and so you should write a legal letter to the company requiring it…
What is a Phoenix? A phoenix is when an insolvent liquidated company is continued by its directors using a new company, which often trades using an identical or similar name to the liquidated one. The new company will have had the benefit of the old company’s assets having been transferred to it usually at no value. However the intention will be to exploit the goodwill of the formerly liquidated company. Because each company is a separate legal entity, creditors of the old company cannot claim against the new company. Sections 216 & 217 of the Insolvency Act curb ‘phoenix trading’…
09 MARCH 2012 Benefits cheat who faked his own death and used handouts to pay for wife’s breast operation is jailed Couple claimed benefits despite owning five properties in London and sending their children to private school But when Stephen Kellaway feared police were onto them, the pair cooked up a plan It involved him hiding out and wife Nelli collecting £1.7m in life insurance They were eventually caught when he was found sleeping rough in Bangkok airport By Tom Kelly A benefits cheat who used handouts to pay for his wife’s breast enlargements then faked his own death to…
Want to hire non-EU workers? New laws mean the process is changing What does this mean for UK businesses seeking to employ non-EU nationals? Leading London employment lawyer Rodney Hylton-Potts explains. The changes – and their implications: Previous Tier 1 (General) visas These have been abolished and replaced by the “Tier 1 (Exceptional) Talent Visa scheme”. Only 1,000 applicants may receive these visas per year. To qualify, they must be internationally recognised as a world leader in the arts and sciences, or possess potential world-leading talent in the arts and sciences. A score of 75 points must be attained under…
The following appeared on the Guardian.co.uk’s live coverage of the News of the World closure (link here); —- Owen Bowcott has been looking into claims from the media lawyer Mark Stephens that the News of the World closure might enable a liquidator to shred a backlog of potentially incriminating emails and documents. “Why would the liquidator want to keep [the records]?” Stephens told the news service Reuters. “Minimizing liability is the liquidator’s job.” But the London insolvency practitioner Rodney Hylton-Potts dismissed the idea as legally implausible. “In a liquidation, a liquidator takes over all the books and records but that…
W v W (Minor) (Mirror Order) [2011] EWCA CIV 703 The case concerns the nature of the Mirror order, the jurisdiction of the High court to make one, and the consequential effect of one. Where a parent has a final Order affecting children abroad, and wishes to visit England/ Wales, a wise precaution is a Mirror Order obtained in England/Wales. This is an Order to confirm the regime laid down by the foreign court Order during on a visit to the UK. A parent however must take care that the child does not become habitually resident in England and Wales,…
Family Procedure Rules Came into effect on 6 April 2011 Some familiar phrases will be consigned to history, with the most notable changes being: ‘Ancillary relief’ becomes ‘financial order’; Divorce proceedings become ‘matrimonial proceedings’ A petition will simply become an ‘application’ Costs The presumption that each party pay their own costs is excluded from applications for maintenance pending suit/interim periodical payments. This should therefore mean that the losing party in such applications will be facing the risk of cost order. Applications to vary maintenance pending suit/interim periodical payments orders are not included within this exception. Mediation. Apart from certain exceptions,…
