A matter of choice
Is there freedom of choice when it comes to choosing your auditors?
Abuse of Elderly at Partridge Care Centre
Evidence of neglect and abuse at a private nursing home in Essex has been uncovered by a BBC investigation.
In August 2011 Partridge Care Centre, in Harlow, was at the centre of a police inquiry after three people were taken to hospital with "diabetes related problems". Two women in their 80s died, although Essex Police dropped the investigation saying there was no evidence of "any relevant criminal offences".
Accident Abroad
An examination of the law surrounding the Package Travel, Package Holiday and Package Tours Regulations 1992 (“the Regulations”) and the benefits afforded to the consumer who suffers injury whilst abroad.
Additional paternity leave
The Additional Paternity Leave Regulations 2010, which apply in relation to children due, or placed for adoption, on or after 3 April 2011, confer on fathers (or the partner of the mother or adopter) the benefit of up to 26 weeks of additional paternity leave, which can be taken at any time between the 20th and the 52nd week after the child is born or placed for adoption.
Addressing gender inequality in the boardroom
Lord Davies' much awaited independent review on the under-representation of women in the boardroom was published at the end of February. The coalition Government had asked for the review to be conducted because of its concerns on the issue. However, opinion is divided as to whether the recommendations that the report made will help break the 'glass ceiling' that many say still exists for women in business.
Adverse costs order in the Lands Tribunal
An objector whose predominant motive in opposing proceedings for the modification or discharge of restrictive covenants is the extraction of a large sum of money, can be at risk on costs
Agency Workers Regulations 2010 to remain unchanged
In July 2010, the new coalition government’s Employment Relations Minister, Edward Davey, announced his intention to review the Agency Worker Regulations 2010, due to various concerns of the business community. He has now announced that the government will not be amending the Regulations before they come into force in October 2011.
Agency workers: where are we headed?
Recent case law demonstrates the need for new legislation to clarify the rights of agency workers.
AGMs under the new Companies Act
The Companies Act will change how many companies run their 2008 AGMs.
All present and correct?
Joanna Mills runs through the basic tick list for clients considering gifting assets to family.
(This article was first published in Private Client Adviser magazine)
Anil Rajani and Catherine O'Reilly Comment on School-Based Fraud
School-based fraud is on the rise and the academy programme could lead to more opportunities for financial crime. Solicitors Anil Rajani and Catherine O'Reilly explore the topic of fraud in schools.
“To have and to hold”: prenuptials today
The use of prenuptial agreements is rising.
Back to Basics: Consequential Losses
When a contractor breaches a construction contract, the general rule is that the employer will be entitled to recover damages for (i) losses that a reasonable person would expect the relevant breach to produce (direct losses) and (ii) any other losses that the parties would, at the time they made the contract, have reasonably expected to result from the breach (consequential losses).
Battling employment law to boost the economy
It is no secret that the current state of economic play has made for some tumultuous economic times. The Government has focused its efforts on considering ways in which it can boost business confidence and create conditions for businesses, particularly SMEs, to grow and expand. Employment regulation was high up on the hit list. January 2011 saw the Government’s consultation on Resolving Workplace Disputes and things have moved on swiftly since then. The Government has committed itself to increasing the qualifying period for unfair dismissal from one year to two years from April 2012.
Being charitable may reduce IHT
In the Budget on 23rd March 2011, the Chancellor announced various measures to encourage charitable giving and to reduce the administrative burdens on charities. The most significant of these is that for deaths on or after 6 April 2012, a reduced rate of Inheritance Tax (IHT) of 36% will apply where 10% or more of a deceased’s net estate
(after deducting IHT exemptions, reliefs and the nil rate band) is left to charity. The Government has now published its consultation which closes on 31st August 2011.
Bribery Act 2010: implications for accountants
Anil Rajani summarises the Bribery Act 2010 guidance and the important implications for accountants.
Business gets a boost on bringing in debts
Changes in the statutory protection for late payment of commercial debts sees a tightening up on how quickly commercial debts should be settled and the opportunity to recover costs, but businesses wanting to use the legislation need to make sure their contract terms do not over-ride the terms of the Act.
Business Questions - FT Weekend
David Clark offers commercial business advice in the Financial Times' FT Weekend magazine.
Calculating Damages Claims
This paper considers how compensation claims are calculated for people who have suffered injuries as a result of negligence or an accident.
Calculating limitation periods
A recent Judgment brings welcome clarification concerning the calculation of the limitation period for claims brought under section 423 of the Insolvency Act 1986.
Capital gains tax in the headlines
The proposed changes to capital gains tax may affect older tax payers wanting to dispose of a long-standing holiday home.
Care at what cost?
If you are injured, you are entitled to recover the cost of care provided to you as part of a claim for compensation from whoever is responsible for the accident.
Care in Crisis
Castlebeck Care and Southern Cross - just two of the care companies who have hit the headlines in 2011. Horrific abuse was uncovered at one of Castlebeck’s homes for vulnerable adults, and Southern Cross, Britain’s largest care homes operator, went into administration, leaving its 31,000 residents uncertain as to their futures. While the facts differ, the question arises as to how much do we really care about how the vulnerable in our society are treated?
Charitable Incorporated Organisations
Part of the IBB Charities team 5 minute guide to... series, this briefing looks at issues surrounding charitable incorporated organisations. This is a new legal structure with incorporated form specifically designed for charities and was one of the most widely welcomed changes introduced by the Charities Act 2006.
Charities Bulletin - New Year Roundup 2011
This is the first of our new e-bulletins designed to keep you up to date with the latest developments in the sector and provide you with a roundup of recent changes to the law as well as focusing on key developments expected this year.
Charities face cash calamity
Concern is growing that a rule change could threaten the charitable status of strictly Orthodox groups, costing them large amounts in tax relief.
Jo Coleman, Charities Partner comments.
Charities Management - Don't Be the Last Man Standing in the Pension Scheme
Tim Rutherford and Kajal Shah of IBB Solicitors have a warning for all museums and galleries not to be vulnerable to overwhelming pension scheme liabilities. The problems faced by charities who are participants in multi-employer schemes has recently been highlighted by the decision of the High Court last December in a case involving the Wedgwood Museum.
Charities Management - Ensuring Charity Mergers are Successful
The merger of the charities running two separate care homes, Nightingale and Hammerson House, brings important lessons for the charity sector. Fortunately, the news is all good so far and the prospects for the new entity, Known as Nightingale Hammerson, are favourable.
Charities Update - 15th April 2011
This is our second Charities e-bulletin designed to keep you up to date with the latest developments in the sector and provide you with a roundup of recent changes to the law as well as focusing on key developments expected this year.
