October 2015 Archive

Deciding the ownership of a bankrupt’s belongings

The case of Wood v Lowe and Others [2015] concerned a bankrupt’s fight to keep a valuable collection of his Beatles memorabilia out of his creditors’ hands. The Chancery Division ruled that the Beatles memorabilia, among other things, had not been gifted to the bankrupt’s wife and daughter but that it belonged to the bankrupt and therefore vested in his trustee in bankruptcy.

Family at War: Brothers argue validity of mother’s Will

“Wills frequently give rise to feelings of disappointment or worse on the part of relatives and other would be beneficiaries. Human nature being what it is, such people will often be able to find evidence, or to persuade themselves that evidence exists, which shows that the Will, did not, could not, or was unlikely to, represent the intention of the testatrix, or that the testatrix was in some way mentally affected so as to cast doubt on the Will”.

A testing time for manufacturing

If you are on a time-critical production window with large financial pressure for late delivery, you need to make sure the product is created accurately and efficiently. If you are the process line installer, you do not want to lose your profit margin by returning repeatedly to fix defects or losing money for missing key performance indicators.

What to pay staff on annual leave

There have been a lot of reports in the news about changes to what staff should be paid when they are on annual leave. However, do you know what the implications are for your business? Do HR understand the implications and are they armed with enough information about the recent developments to limit Tribunal claims?

Landmark divorce ruling

Justin Creed said the outcome of the case brought to the Supreme Court by Alison Sharland and Varsha Gohil emphasises the duty to be honest in producing financial information when negotiating settlements on divorce.

When will qualified one-way costs shifting apply?

Qualified one-way costs shifting, otherwise known as QOCS, was introduced for personal injury claims on 1 April 2013 following the Jackson Reforms. The aim of QOCS was to assist in establishing a balance for claimants who, following implementation of the Jackson Reforms, were no longer able to recover Conditional Fee Agreement (“CFA”) success fees or After the Event (“ATE”) insurance premiums from their opponent.

Liable for a contract by a company before it existed

Section 51 of the Companies Act 2006 replaced a corresponding provision in the Companies Act 1985 and sets the rules which provide that a company may enter into a contract before it has been incorporated; but in that circumstance unless otherwise agreed whoever signs apparently on behalf of the company will in fact be liable on the contract themselves.
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