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.

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.

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 The judgment serves as a reminder that vague or outdated provisions, especially around leaver provision and share valuation, can lead to costly disputes and unintended outcomes.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.

Court cases involving family trusts might be presumed to be rather dry. Not so. Many family-related disputes involve an unavoidable amount of dirty linen being washed in public as each side seeks to gain the advantage. In Marcus v Marcus, a new level of intimate detail was revealed as the court had to consider if the alleged illegitimacy one of the parties precluded them from benefiting from a Settlement Trust.

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.

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.

The Financial Ombudsman Service (FOS) decides on financial services disputes by considering what is fair and reasonable in all the circumstances of the case, rather than based on the letter of the law.

Entering business is usually a carefully planned undertaking, however, this may not always be true of a partnership. Where family members, often across different generations and over many decades, are involved in a farming operation, they may unwittingly create various partnerships. All partnerships – even those that are unconsciously entered into – have significant, immediate and longer-term legal consequences which often only to come to light 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 farm family’s intentions.

Although most never reach a final hearing at court, the number of will-related disputes is growing year on year. Contesting a will is rarely straightforward: it is a complicated legal process requiring careful management and is often emotionally and financially draining. This article endeavours to explain the practical considerations of this type of litigation and how to minimise the attendant risks.

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.