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Breaches of employment contract – examples

September 2020 | Employment

The article referred to above contains a useful summary of the types of activity which the courts and tribunals have found to be a breach of the implied duty of trust and confidence. This duty, which arises in every employment contract, requires that employers refrain from doing anything which is: … calculated or likely to …

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Procedure – deputies

September 2020 | Wills, probate and administration

In this helpful costs article, the author reminds deputies and their advisers as to when general management costs can be applied for, together with the relevant timeframes for submitting bills to the CoP. She emphasises that the process from the first step – seeking P’s authority to act as deputy – to receiving the order …

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Failure to consult – special circumstances

September 2020 | Employment

Section 188(7) of TULRCA provides a defence to a failure to collectively consult where there are ‘special circumstances which render it not reasonably practicable’ for the employer to comply with the requirements. This defence applies to failures to consult in good time, failures to consult on the required topics with a view to reaching agreement …

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HMLR Rule 17 evidence – reminder

September 2020 | Conveyancing

Rule 17 of LRR 2003 states that: Additional evidence and enquiries If the registrar at any time considers that the production of any further documents or evidence of the giving of any notice is necessary or desirable, he may refuse to complete or proceed with an application, or to do or make any entry, until …

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OS2 – update

September 2020 | Conveyancing

HMLR has made a small but significant update to PG 12 (Official searches) which is worthy of note. Practitioners will be all too aware of the need to ensure that the OS2 is not rejected – particularly if submission of the OS2 is left until near to the completion date. PG 12 has been updated …

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Reflective loss – scope confirmed

September 2020 | Commercial

This is an important SC decision for commercial practitioners to consider. In a nutshell, the ‘no reflective loss’ rule stops shareholders of a company from bringing a claim for personal losses arising out of a breach of duty or contract owed to the company and can be summarised from the decision in Prudential v Newman …

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Offences – gross negligence manslaughter

September 2020 | Crime

This was a high-profile appeal concerning causation in gross negligence manslaughter. The victim died at a music festival after taking a controlled class A drug, ketamine and ecstasy. Her boyfriend (A) was convicted of murder and sentenced to 8.5 years in prison. He appealed the conviction, arguing that the judge misdirected the jury on causation …

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Return to office – reluctant staff?

September 2020 | Employment

Throughout lockdown, the Employment Law Journal has been essential reading for anyone advising employers and employees or with responsibility for staff. An excellent article explores the types of worker that might be less willing to return to work and what claims they may be able to bring if forced to do so. Mandatory or voluntary …

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SRA – using client account as a banking facility

September 2020 | Conduct, practice and risk management

We reported in our June 2020 edition (p26) on the sad case of the experienced solicitor who was struck off for allowing client account to be used as a banking facility. That seems to be a useful prompt to review this rule and to give an update on the SRA’s view on firms which act …

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HMLR – statements of truth

September 2020 | Conveyancing

HMLR PG 73 (Statements of truth) has been updated to clarify the date the statement of truth is made. A statement of truth by an applicant in support of an application based on adverse possession, where the application is being made under Sch 6 to the LRR 2003, must be made not more than one …

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