The divorce rate may be set to rise as the recession ends and the economy recovers, according to a survey of family lawyers. The survey, carried out by accountancy firm Grant Thornton, found that eight out of 10 lawyers felt that the recession had led to married couples delaying divorce proceedings. The reason is thought
A father has won his appeal against a judge’s decision that his daughter should be sent back toSpainto live with her mother. The case involved a couple with four children. The father was British and the mother was Spanish. The family had spent most of their time living in theUK, but when the couple’s relationship
Under the Companies Act 2006, a company shareholder can petition the Court where the conduct of the company’s affairs have been unfairly prejudicial to that shareholder. It is not necessary to show that the persons controlling the company’s affairs have acted deliberately or in bad faith towards that shareholder, although it helps. It should be
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An amendment to the Employment Rights Act introduced on 29th July 2013 allows employers and employees to keep certain negotiations regarding termination of employment confidential. This means, subject to certain rules and exceptions any negotiations and offers cannot be used as evidence in subsequent unfair dismissal claims. Previously, such negotiations and offers could have been
A group of female nursing assistants who were paid less than male maintenance workers have won an equal pay claim against an NHS Trust. The pay of the two groups was based on wage structures established in 1987. More than 9 out of 10 maintenance workers were men and 8 out of 10 nursing assistants
Employers need to show they have been fair and that they have investigated all the issues thoroughly when dismissing an employee for alleged misconduct. Failure to do so could result in the dismissal being ruled unfair, as illustrated in a recent case involving a bookmakers and one of its cashiers. The cashier was accused of
A man has successfully challenged his father’s will, which he suspected had been drawn up in suspicious circumstances. The issue arose because when the father died, it emerged that he had made two wills in the two years before his death. The first will was made in 2007 and divided his estate equally between his
Discretionary trusts are a great way to reduce the burden of inheritance tax but they must be drawn up properly to be effective. A recent case before the High Court shows how problems can arise if the trust is not prepared correctly. The case involved a man who made a will in which he
A wife who wanted to receive periodic payments from her husband as part of a divorce settlement has lost her appeal against a court’s decision that there should be a clean break instead. The case involved a couple who had lived together for several years but then separated only eight months after marrying. They had