Archive for the ‘Uncategorized’ Category

Assets, divorce & future earnings

Future earnings and divorce

A recent Court Of Appeal decision makes it clear that whilst there are many factors the courts must and in some cases must take into account in determining finances between divorcing parties, one factor which cannot be considered to be an asset is the future earning capacity of the parties at the time of the marriage.

Undue Influence – a new case

Challenging a will – not easy

Aside from dependency claims based on being a close relative qand having a financial need for provision which has not been taken into account in a will, it is not easy to convince a court in England & Wales that a testator has been unduly influenced.

In a recent High Court case, Leigh Crowdery failed to convince the court that her elderly grandmother had been unduly influenced by a 40 year old male neighbor, who she befriended. The Judge found on the evidence that the testator knew exactly what she was doing and had the legal right to exclude her granddaughter from inheritance.

Redundancy selection criteria

Second guessing employers actions

A long established principle running through much of English employment law is the principle that it is not an Employment Tribunal’s role to second guess the actions of an employer as long as those actions generally satisfy reasonableness and procedural norms.

This principle has again been reaffirmed in a recent Employment Appeal Tribunal case, in the context of redundancy. Many employers will know that as one factor and method of acting reasonably and fairly in a prospective redundancy situation, a point scoring system can be seen as an effective and objective tool for selection.

In the case in question the Tribunal found that the scoring system in  a redundancy selection process should only be investigated in exceptional circumstances, such as bias or obvious mistake. In effect, the Claimant in this case argued that there was a degree of subjectivity in the scoring system at his former workplace and that there had been no bias or obvious mistake.

Living standards

Institute of fiscal studies

According to figures from the Institute of Fiscal Studies, the average family in Britain will have less disposable income this year, in real terms, than has been the case for 30 years and this apparently equates to losing £1,000.00 of buying power ion the last year. The average family is based on a couple with 2 children. The predicament is the result of a “perfect storm” of high bills, static wages, National Insurance increases and VAT increases. Just to cheer us all up further, it’s set to get worse !.

Hello world!

Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!