A downloadable PDF of this article is available following this link. King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ Introduction The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey[1]. The doctrine is one of a handful that allow a testator […]
Tags: General Civil, Will Disputes
Introduction Section 21 of the Housing Act 1988 (“the 1988 Act”) provides Landlords with a way to evict assured shorthold tenants without any reason. However, to do so Landlords must jump through a number of procedural hurdles, including the service of the documents prescribed by section 21A of the 1988 Act before the service of […]
A downloadable PDF of this article is available by clicking this link. Davis & Anor v Winner: Should Boundary Disputes Be Allocated to the Small Claims Track? Introduction Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. In Davis & Anor v […]
A downloadable PDF of this article is available by clicking this link Trigger Events under Section 15C of the Commons Act 2006 – Bellway Homes Ltd, R (On the Application Of) v Kent County Council [2022] EWHC 2593 (Admin) (14 October 2022 The High Court has revisited the issue of “trigger events” which prevent applications to […]
A downloadable PDF of this article is available by clicking this link. ‘In connection with’ and Regulation 4(2)(a) TUPE Regulation 4 of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) states as follows (my underlining): “Effect of relevant transfer on contracts of employment 4.—(1) … a relevant transfer shall not operate so as to […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link Unfavourable Treatment & S 15 EqA 2010 Disabled employees were significantly impacted by the Covid 19 pandemic. Disabled employees often needed to shield and even after the various lockdowns were lifted had to continue to stay away from the office which in some […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link There have been a number of first instance decisions which have looked at health and safety dismissals relating to Covid 19. The central issue in these claims is a reasonable belief as to the serious & imminent danger. Looking through the lens of repeated […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link Wrongful Dismissal When defending a claim for unfair dismissal there are usually three key witnesses: investigator; decisionmaker; appeal decisionmaker. However when an employer has summarily dismissed an employee there is invariably a claim for wrongful dismissal. None of the above witnesses are likely to […]
Tags: Commercial, Employment, General Civil
Every so often you come across ‘useful cases’. The case is not making any ground-breaking new statements on the law so-called ‘landmark’ cases. What they have in common is that within the case there is either a clear restatement of the law or the bringing together of principles found in more than one case. Ayodele […]
Tags: Commercial, Employment, General Civil
A downloadable PDF of this article is available by clicking this link. LIST OF ISSUES In Parekh v London Borough of Brent [2012] EWCA Civ 1630 Mummery LJ had the following to say about lists of issues at paragraph 31 (my underlining). “A list of issues is a useful case management tool developed by the […]
Tags: Employment, General Civil