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Court of Appeal Allows Creditor of Beneficiary of an Estate to Bring Probate Claim

August 31, 2016 | Dispute Resolution, Wills and Probate

In Randall v Randall [2016] EWCA Civ 494 (Randall) the Court of Appeal overturned a 2014 High Court decision and ruled that a creditor of a beneficiary had an interest in the estate that gave him sufficient standing to challenge the validity of a will. Part 57 of the Civil Procedure Rules deals with contentious(Read more)

Post ‘BREXIT’: The Only Certainty is…Uncertainty?

July 12, 2016 | Residential Property, Commercial Property, Employment, Dispute Resolution, Business Services, Wills and Probate, Family Services, Motoring and Road Transport, The Arts

Although there has been huge political fallout in the last fortnight as a result of the BREXIT vote, the long-term effect on British jobs, business and individuals is unclear. From an economic perspective, after an initial plummet from 6338 to under 6000, the stock market appears to have recovered to near pre-vote levels (FTSE 100(Read more)

Caveat With Caution

July 12, 2016 | Dispute Resolution, Wills and Probate

In certain circumstances a person may wish to challenge the validity of a Will. In such cases, a party may enter a caveat which, while in place, will prevent the issue of a grant of probate. In Elliott v Simmonds and others [2016] EWHC 92 (Civ) (Elliott) the claimant entered a caveat and issued proceedings(Read more)

Challenging a Will - Who Pays the Costs?

July 08, 2016 | Dispute Resolution, Wills and Probate

There are legions of disappointed relatives when it comes to the possibility of inheritance.  Should the expected legacy not materialise, suspicions that the deceased was “got at” or lacked mental capacity will often rise to the surface. The normal step, if a Will is to be challenged, is to enter a “caveat” at the Probate(Read more)

Sickness Absence and Holidays

July 08, 2016 | Dispute Resolution

There has been much legal argument on the interpretation of the Working Time Directive affecting Member States (we are still one) and the Working Time Regulations 1988 (our attempt to implement the Directive into UK law).  The WTD gives workers the right to 20 days statutory holiday entitlement each year. The WTR gives workers the(Read more)

Data Protection

June 17, 2016 | Dispute Resolution

The Information Commissioner’s Office (the people who deal with data protection) has recently reported a twist on confidentiality protection. Employees who intend to leave one job and get employment in a rival organisation have a nasty habit of stealing (for that is what it is) important data such as client lists from their current masters. (Read more)

To Wear or Not to Wear: The Workplace Dress Code Debate

June 07, 2016 | Dispute Resolution

It was recently reported that a 27-year-old from London was sent home from her role as an agency worker at a top accountancy firm without pay as she refused to wear heels at work. This comes days after a Canadian woman posted pictures of her friend’s bloodied and bruised feet after wearing heels at work(Read more)

Data Subject Access Requests: Are You Prepared?

June 07, 2016 | Dispute Resolution

A major part of data protection legislation since 1984, Data Subject Access Requests (or DSARs) as implemented in the Data Protection Act 1998 (DPA 1998), enable individuals to find out what information an employer holds about them and whether this data is being processed unlawfully in a way which infringes their privacy. There has been(Read more)

New Corporate Money Laundering Offence

June 07, 2016 | Dispute Resolution

The Anti-Corruption Summit which took place on 12 May in London was, according to David Cameron, ‘the first of its kind and the biggest demonstration of the political will to address corruption that we have seen for many years’. David Cameron has announced plans to launch a consultation on a new corporate offence of failing(Read more)

Buy to Let Landlords

June 07, 2016 | Dispute Resolution

For those who have decided to remain as investors in residential property and for those still contemplating such investment in spite of the disincentives of recent budgets there are yet further regulations that need to be kept in view. These regulations are in addition to the requirement to carry out Right to Rent checks for(Read more)