The EAT has heard an interesting case involving the use of offensive language by an employee on a workplace communication forum (in this case, Slack). The two limbs to the amended grounds of appeal are that the ET: Should have considered whether the use of the language itself arose directly from the claimant’s disability. The …
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The SRA has taken the unusual step of publishing a statement as to why it did not take enforcement action against a firm that received a complaint involving concerns regarding solicitors becoming involved in abusive litigation aimed at silencing legitimate criticism – known as SLAPPs (strategic litigation against public participation). Firms should note the wider …
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The SC has heard a case regarding the right of a trade union to sue as a third party. The case summary is as follows: ‘Background to the Appeal The issue in this appeal is in what circumstances does a trade union have the right to sue as a third party for breach of a …
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Most practitioners will not be advising their developer and builder clients on the details of VAT. However, practitioners should be aware of the principles of VAT and how they might impact on their client’s transactions to ensure that the client can be referred to an accountant or other professional. HMRC has issued guidance on the …
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This case is one of the highest value FR cases involving business valuations to reach trial. The parties embarked on married life with virtually no assets. By the time of separation around 30 years later, they had accumulated assets of more than £260m – mostly business assets. H had started a software business in 1999 …
Continue reading “Financial remedies – high-value business assets; Wells sharing”
Reasonable financial provision under the I(PFD) A1975 Act is an objective test, not a subjective test as dictated by what T considers or states is reasonable under the will. In this case, T had built up his wealth in property and left an estate valued at £8.18m. He died aged 87 leaving his wife of …
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A lease of a luxury property intended to reduce H’s financial liability to W was a sham and overturned by the court. Under s37 MCA 1973 a party is prevented from entering into a transaction with the intention to reduce or prevent financial relief. The court can set aside a ‘reviewable’ disposition that breaches the …
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Due execution under s9 of the Wills Act must be proved without favourable presumption. T had died in 2022 from cancer aged 65, leaving his surviving wife (C) and his sister (D). Both had cared for T as he was dying and enjoyed a good relationship up to his death. However, their relationship then rapidly …
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The ‘matrimonialisation’ of a party’s asset is a relatively new concept formulated by the courts with the aim of ensuring a fair division on divorce. In this high-value FR case, W unsuccessfully claimed part of a very significant inheritance. The parties married in 2012 after ten years together (except for a separation of a few …
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T died in 2022 leaving no surviving spouse or children. Unfortunately, her will dated October 2014 was badly drafted and ambiguous and the PR brought a Part 8 claim for clarification. Under separate proceedings, attempts were being made to remove the executor in favour of the substitute executor named in the will. The judge Cadwallader …
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