Monthly Archives: toommorelFebruary 2012
In light of the recent events, we outline the current legal remedies available against squatters:
Self Help: the police may intervene if the squatters claim they have the right to remain in the property. If the squatters do this then the Police may stop the landowner exercising the self-help remedy, if there is a risk of [...]
Mediation provides neutral help by way of an independent family mediator jointly appointed by the parties to assist in face-to-face meetings to discuss the issues relating to the separation such as finances and children.
The legal advice given to the parties through the mediation is crucial.
The law requires respective lawyers to be collaboratively trained and the [...]
It is well established that when for instance an employee tenders their resignation as a result of being hot headed, then an employer should leave a cooling off period before then allowing the employee that the resignation still stands.
In theory it also should follow in relation to a hot headed dismissal of an employee, which [...]
The Court of Appeal has decided that administrations will always fall within the scope of TUPE.
The potential liability for the administrators has been increased by another Court of Appeal decision which has confirmed that an employee who is dismissed by administrators prior to a sale (at a time when no particular transaction was contemplated) [...]
A new scheme has been launched to enable family disputes to be resolved by
arbitration. This scheme has been set up by the newly formed Institute of Family Law Arbitrators (IFLA), a not for profit organisation, created by family lawyers’ group Resolution, the Chartered Institute of Arbitrators (CIArb) and the Family Law Bar Association, in association [...]
Awards for Unfair Dismissal are tax free to the value of £30,000, as the payment is made in connection with termination of employment.
When sums awarded are over £30,000, this will usually be subject to tax, the Employment Tribunal will usually order the claimant’s net loss above the tax-free amount to be grossed up, to reflect [...]
21 FebInfidelity is Murder
The case of Regina v Clinton 2012 held that a partner’s infidelity can count as a defence to a murder, where the defendant seeks to rely on ‘loss of control’.
The chief justice made it abundantly clear that infidelity could not be argued as the sole reason for such a murder, but could be one [...]
Only Law Site is excited to announce that it has teamed up with Find Law UK to provide free legal advice on the FindLaw forum.
Only Law Site aims to provide a range of free legal advice via FindLaw’s active forum where visitors will be able to post questions to the forum and receive [...]
19 FebConfiscation Orders
In the case of R v James 2011 it was established that money spent on items for the purpose of an enterprise to evade excise duty on tobacco did not amount to a benefit from criminal conduct as they were not sums obtained as a result of or in connection with criminal conduct.
The Court of [...]
16 FebBurglary Sentencing
The new guidelines for burglary have placed an emphasis on the effects on the victim, central to any tariff that will be imposed.
An example of this for instance is where the victim is at home when the burglary takes place, then the sentence will be more severe.
When offenders burgle a domestic premises, they will [...]