News – Page 225
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Former partner loses six-year discrimination case
A six-year employment dispute involving a law firm is finally over
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Chancery Lane announces wills accreditation scheme
The Law Society has confirmed it will introduce a new accreditation scheme - the Wills and Inheritance Scheme - in the autumn.
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Taxation of partnerships and LLPs
HM Revenue & Customs has published its long-awaited consultation document on the taxation of partnerships and LLPs. It covers two aspects. Firstly there is the whole basis of taxation of LLP members whose terms resemble those of employees. Secondly there is the question of profit allocation where the partnership includes ...
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Statutory wills
In a very helpful judgment, Behrens J reviewed the recent decisions on statutory wills and produced a summary of how to make a decision that is in P's best interests, in the context of a statutory will. The statutory provisions The law ...
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Injunction to prevent ‘defamatory’ employment tribunal evidence refused
The High Court recently refused (among other things) to grant an interim injunction in libel and harassment to a former council employee, Ayodele Adele Vaughan (the claimant) concerning evidence she anticipated being given in forthcoming employment tribunal (ET) proceedings.
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Employment
Admission – Liability – Withdrawal Berg v Blackburn Rovers Football Club & Athletic plc: Chancery Division, Manchester District Registry: 29 April 2013 The Chancery Division dismissed an application by ...
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Libel and slander
Claimant seeking determination on meaning of words complained of as preliminary issue Lord McAlpine of West Green v Bercow: Queen's Bench Division (Mr Justice Tugendhat): 25 April 2013 In the ...
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Litigants in person; oral evidence; and costs management
Sir Alan Ward in Wright v Michael Wright Supplies Ltd [2013] EWCA Civ 234, a case which concerned two litigants in person (LIPs), opened his judgment by warning the reader that ‘this judgment will make depressing reading’. The case highlighted the difficulties increasingly encountered by the judiciary at all levels ...
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Commercial property: Energy Act 2011
The Energy Act 2011 contains a clause with potentially severe implications for about 20% of all commercial property. What advice should solicitors dealing with commercial leases give to their clients at this stage? Section 49 of the Energy Act is not yet in force. It states:‘(1) ...
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Jackson reforms: part two
The new funding arrangements from April fundamentally change the civil litigation landscape. Only some of these result from the Jackson costs report. Lord Justice Jackson did not recommend the serious cutbacks in legal aid enacted in the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and S.I. 2013 ...
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Contempt of court
Committal – Breach of injunction – Claimants publishing photographs on Facebook and Twitter in breach of injunction Attorney general v Harkins; Attorney general v Liddle: Queen's Bench Division: 26 April 2013 ...
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Brazil’s ‘malformed’ penal code
The Brazilian legal system is governed by civil law. Consequently, it mainly relies upon codified legislation rather than precedents. Among the various codes in force, there have been many debates over the penal code. This came into force in 1941 and it was partly revised in 1984.
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Sentencing
Imprisonment – Length of sentence – Defendants pleading guilty to number of terrorism offence R v Khan and others: Court of Appeal, Criminal Division: 16 April 2013 The Court of ...
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Contributory negligence: employee or lawful visitor?
In Sharp v Top Flight Scaffolding Ltd, the claimant was so badly injured in the accident that at trial he was a protected party represented by his brother as litigation friend. Mr Sharp was a 43-year-old scaffolder employed by the defendant, who fell while attempting ...
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Costs precedent
Judgment in the conjoined appeals of Gavin Flatman v Gill Germany and Richard Weddall v Barchester Health Care Ltd was handed down last month [2013] EWCA Civ 278. The decision was an important one in view of the new funding and costs regime that exists following the implementation of the ...