Issue: May 2021

Confidentiality – virtual workplace challenges

May 2021 | Employment

A very timely article considers the challenges faced by employers in relation to employees keeping trade secrets confidential on termination of employment, with the added difficulties caused by home working. Remote working undoubtedly makes it easier for employees to plan team moves and perhaps gather useful commercial information from their employer’s files and servers (such …

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SRA – education

May 2021 | Professional

For those firms considering taking on trainees or supporting their staff to obtain Higher Rights of Audience (HRA), they should look at the SRA website. The SRA has announced a number of changes and has provided advice and/or webinars on: Changes to HRA assessment: following LSB approval, only admitted solicitors will take the Higher Rights …

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Fire evacuation – misconduct

May 2021 | Employment

The Costa coffee chain has found itself in hot water when facing a claim for unfair dismissal from a manager at a store in Edinburgh. Among the usual requirements, Costa’s fire and evacuation procedures required that anyone evacuating does not stop to collect personal belongings. The claimant (who had undergone Costa’s basic fire safety training) …

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Legal advice privilege – take care

May 2021 | Professional

Legal Futures have reported on an interesting ET case which was heard in 2019, but which only came into the public domain more recently when the claimant in the original action tweeted the full transcript of the judgment. The case was clearly distressing and personal for the claimant. The case involved the preparation of a …

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Financial remedies – disclosure

May 2021 | Family

Knowles J described the Akhmedova case as one of the unhappiest ever to have appeared in her courtroom. In what proved to be a high-profile, big-money divorce, the case culminated in W being awarded a settlement of a staggering £453m – but it was complex and long-running, as these cases invariably are. W successfully argued …

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Litigants in person – fairness of proceedings

May 2021 | Wills, probate and administration

The judge had not been unfair towards the LIPs in a recent probate dispute hearing. The fact that he had been somewhat stern and showed signs of impatience (as a result of a mistaken premise) did not give rise to unfairness. The claimant had sought to establish her mother’s (T) will. T’s other three children …

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Domestic abuse – guidance

May 2021 | Family

Following four linked appeals, the CA has handed down a long-awaited ruling setting out guidance on the correct approach to allegations of domestic abuse and coercive and controlling behaviour. Three of the four appeals were allowed. Of course, the court heard each specific appeal, but it first gave more general guidance about important matters which …

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Wills interpretation – domicile

May 2021 | Wills, probate and administration

How will the courts approach the construction of a will where D’s domicile is at issue? In a recent case, D died in a skiing accident. She was a New Zealand national and, some years previously, had established a family trust in NZ. Her will was also executed in NZ, under which her residuary estate …

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