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Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just…

Transparency: An open book?

David Wilkinson argues that the approach of Mostyn J to privacy in financial remedy proceedings in Xanthopoulos overlooks some of the key historical context The thrust of Mostyn J’s argument in Xanthopoulos was that sitting in chambers or in private (as the case may be) has never resulted, and was never intended to result, in…

International focus: Keeping it in the family

Caroline McNally and Chantelle Woo set out grandparents’ rights with respect to children in Hong Kong At present, the law in Hong Kong does not provide for any third party, whether related to the child by blood or otherwise, to make an application to the court to be appointed as a child’s guardian on divorce…

Maintenance: The road to independence

Deborah Jeff reflects on the approach to maintenance following the seminal decision of Mostyn J in B v S and how the principles in that case have subsequently been applied A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part…

Divorce: Opening the floodgates?

Nahanni Simcox considers no-fault divorce and whether the reforms might increase the attractiveness of England and Wales as a divorce jurisdiction It is imperative that parties with cross-jurisdictional assets and interests carefully consider the jurisdiction in which they issue divorce or dissolution proceedings. Following the introduction of ‘no-fault’ divorce on 6 April 2022, it will…

Legal news: Employment update

Antonia Blackwell rounds up recent developments affecting employers and their advisers It is vital to inform the employment tribunal as soon as it becomes clear that oral evidence from abroad may be needed to avoid, as much as possible, any delays in the tribunal process. New presidential guidance on giving oral evidence from abroad The…

The Queen’s Speech: Hamlet without the prince

Stefan Martin and Jo Broadbent comment on the bills in the Queen’s Speech that will be relevant to employment law, despite the Employment Bill’s absence Commentators for employers and employees alike have suggested that the Queen’s Speech is a missed opportunity to safeguard worker rights. At the beginning of the year, there was a general…

Constructive dismissal: Resignations and the ‘last straw’ doctrine

Mark Stevens reviews a recent EAT case in which a series of errors by an employer amounted to a fundamental breach of contract The tribunal should have considered whether, from Mr Craig’s perspective, the failure to pay was part of a pattern of mistreatment. To bring a successful claim for constructive dismissal, an employee must…

Immigration: In with the old

The government’s 2022 immigration changes offer little assistance to employers struggling with labour shortages, warns Samar Shams The global business mobility rules bring a number of existing routes under one umbrella, with modifications. In 2022, the government is introducing the last pieces of its post-Brexit immigration system. A new high-potential individual visa has just come…

Working from home: Are pay cuts lawful?

Martin Williams examines the legal and practical risks of cutting pay for staff who work remotely Taking money away from an employee who has proven that they can work remotely is not conducive to a positive employment relationship. The continuing impact of the Covid-19 pandemic is hard to underestimate. The numbers of those infected and…

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Occupation rent: A fair share