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Employment news update: February 2023

In this month's round-up, we explain the advantages of mediation and how it can help to resolve workplace disputes quickly and cost-effectively; an update on various Private Members' Bills that are currently going through Parliament; and a case update featuring a long running disability discrimination case.

The Certainty of Ownership

As pleasant as the boundaries were for King David, they are arguably not as pleasant for property owners in the property market in 21st Century Britain, as is amply demonstrated by two recent Court of Appeal decisions involving boundary disputes between adjoining properties.

Navigating the weaponisation of DSARs: Strategies for employers in the UK and EU

Data Subject Access Requests (DSARs) are a fundamental right under data protection laws, allowing individuals to access the personal data about them that is being held by organisations. However, there is a growing trend where disgruntled employees utilise DSAR not for genuine data access, but as a tool to burden employers, especially during disputes or litigation.

The MoJ's Plans to Make Mediation Mandatory

The Justice Secretary, Dominic Raab, has today (23rd March 2023) proposed a new rule that would make it mandatory for separating couples to try mediation to settle their child custody and financial disputes, only seeking the court’s intervention as a last resort.

Contractual complications – verbal and informal arrangements

In a previous article, we have discussed the Top Tips for Avoiding Contract Disputes. A vital point to bear in mind when entering into contracts is the importance of pre-contract and mid-contract verbal or email discussions between contracting parties.

Consequences of withdrawing a Part 36 offer

A Part 36 offer is a formal offer which can be used to settle all or part of an action but it is not an admission of liability. The rules surrounding Part 36 offers are contained within the Civil Procedure Rules and the aim is to encourage parties to try and settle their disputes.

Why use lawyers to draft your Will?

Research by the Association of Lifetime Lawyers (ALL) shows only 52% of Wills are drafted by solicitors, suggesting that the remainder are created using templates or AI. The ALL warns that AI-drafted Wills often fail to meet legal standards, risk excluding or wrongly including beneficiaries, and can lead to costly disputes.

Rising costs, falling trust: riding the current HMRC wave

Nathan Talbott, Head of Commercial Litigation, and specialising in complex financial, tax and corporate disputes, dissects the recent report by the Committee of Public Accounts on the state of our tax system, and shares his thoughts on what HMRC needs to do to rebuild public trust.

Farming partnerships: the pitfalls

Family members involved in farming operations may unwittingly create various partnerships over many years. These have significant legal consequences that may only become apparent in a moment of crisis, such as the death of a family member or a family fallout. To avoid protracted disputes and further breakdown of relationships, it is always advisable to ensure that partnership agreements and wills are consistent and correctly reflect the intentions of the parties.

Commercial Common Sense: Do your articles of association and shareholders’ agreement do what you want them to?

A recent case highlights the importance of ensuring your company’s articles of association and shareholders’ agreement accurately reflect your intentions, particularly in scenarios such as dismissal, retirement, or death. The judgment serves as a reminder that vague or outdated provisions, especially around leaver provision and share valuation, can lead to costly disputes and unintended outcomes. Business owners should regularly review these documents to ensure they provide the protection and clarity needed at critical moments.