Samantha Mackie and Kim Pattullo explain how to reduce the risk of employment tribunal claims arising from the pandemic and resulting economic downturn For employers looking to implement redundancy exercises, it is important that they take the time to ensure their processes are legally compliant. The coronavirus pandemic has undoubtedly had a profound impact on …
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With employment tribunals facing an increasing claims backlog, Jo Broadbent and Katharine Savage examine how the system is adjusting in response to the pandemic and the key practical issues for tribunal users preparing for hearings The 2020 regulations tidy up some of the tribunal rules, although these changes are unlikely to have a significant impact …
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Emily Campbell examines how to calculate the odds of winning a case ‘There is no industry-standard system for evaluating prospects of success. Many lawyers may put themselves in the position of the judge and decide in the first instance whether the client wins or loses.’ Since I started practice in 1995, expressing prospects of success …
Continue reading "Litigation: A calculated risk?"
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James Macdougald sets out the rules on non-party disclosure, clarified in a case brought by the beneficiaries of an employee benefit trust ‘The Civil Procedure Rules (CPR), r31.17 test has two limbs which operate cumulatively. Even where both are satisfied, the court may exercise its discretion not to make an order under the rule.’ The …
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In the first of two articles, Ian McDonald and Daniel Cook examine the possible expansion of malicious prosecution ‘Other torts, such as defamation and malicious falsehood, already protect interests of personality, and if the protection they afford proved to be inadequate, a better solution may be to extend their scope rather than to extend the …
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Natasha Adom gives her top five tips for how in-house lawyers can improve their company’s chances of success in court or at the employment tribunal ‘It is crucial that everyone concerned understands the importance of investing time early on in recalling the relevant details and locating the necessary documents to ensure the company presents a …
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Jenny Beresford-Jones summarises the implications of the Small Business, Enterprise and Employment Act 2015 for procurement ‘New regulations under the Small Business, Enterprise and Employment Act 2015 look set to go beyond anything required at EU level.’It is now several months since the Public Contracts Regulations 2015 (PCR 2015) came into force, implementing the new …
Continue reading "Litigation: The devil in the detail"
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Wills & Trusts Law Reports | July/August 2015 #151The claimant (K) and second defendant (A) are brother and sister. They are the children of George Kousouros (D) who died in Cyprus in March 2007 leaving a large house in Islington (the property) where he had lived with K prior to returning to Cyprus in 2000 and which also provided a rental income. According to K, who still lives there and takes the rental income, D transferred the property to him in 2001 on terms which included a payment to A of £50,000 and pursuant on the oral terms his parents executed a deed of transfer of the registered title to the property in form TR1 which A was a...
Hazel Grant reviews the impact of the Unison case This case is confirmation that interested third parties can use public law remedies in response to flawed procurements, although, as might be expected, the threshold for successful use of these remedies is high.Challenges under the Public Contract Regulations 2006 (the Regulations) are reserved to economic operators, …
Continue reading "Litigation: Unhealthy challenges"
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David Sawtell looks at recent case law on exaggerated claims ‘There has been a recent, growing trend towards re-opening cases where there is evidence that the judgment or settlement was based on fraudulent evidence.’ Recent cases in the High Court and the Court of Appeal indicate that defendant insurance companies are turning to a range …
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