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".
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)
“To have and to hold”: prenuptials today
The use of prenuptial agreements is rising.
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.
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 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.
Children and contact: glossary of terms
A useful glossary to demystify frequently used legal terms.
Christmas hampers go bust
The Farepak case is a good example of how the courts can move fast in appropriate cases
Civil partnerships
Entering into a civil partnership is likely to have a significant impact on your financial rights and responsibilities. Prepare by making yourself aware of the implications regarding inheritance and other social and financial consequences.
Clinical negligence
The law in respect of clinical negligence is complex and requires the skill and judgment of an experienced solicitor if viable claims are to be run and won.
Combat harassment
Can an employer be liable for the discriminatory actions of a third party?
Companies Act 2006 - 6th April 2008 implementation
An update on forthcoming changes.
Compensation Review
A guide to recent developments in the compensation regime
Corporate Manslaughter Act comes into force
A welcome and overdue piece of legislation means that it is imperative that organisations put health and safety at the forefront of their operational priorities.
| A welcome and overdue piece of legislation means that it is imperative that organisations put health and safety at the forefront of their operational priorities. |
Costs against insolvency practitioners
A reminder to insolvency practitioners to preserve their independence from both the debtor and and the creditor.
Costs awards against funders of litigation
"It's OK, we'll just wind the company up if we lose."
Court of Appeals Clarifies Meaning of “Suitable” Work Equipment
In the same week as the Government delivered its report, following a Whitehall-wide review of the operation of health and safety laws, the Court of Appeal, in Threlfall v Hull City Council [2010] EWCA Civ 1147, dealt with the practical implications of risk assessments.
Creating the right employee share scheme for your company
Employee share schemes are a great way to reward employees for their past endeavours and provide them with an incentive to achieve peak performance in their day-to-day roles.
Data protection: a hard act to follow
Organisations still fall foul of its provisions because they are unaware of their obligations under it.
Dawn Raids
“Dawn raids are no longer the preserve of the silver screen,” warns Anil Rajani, Partner in the Business Investigations and Governance team.
Disclosure in the electronic age
It is no longer the case that organisations can take the view that information stored on their computer systems is for their eyes only and electronic information is being used increasingly in litigation in view of the risks outlined above.