The EAT has heard an interesting case regarding ‘provision, criterion and practice’ (PCP) under the Equality Act 2010. The case summary is as follows: ‘DISABILITY DISCRIMINATION Where a disability places an employee at the substantial disadvantage that they cannot continue in their present job, and are at risk of imminent dismissal, there is no rule …
Continue reading “Reasonable adjustments – trial period”
Practitioners should note a High Court decision that a solicitors’ firm was liable for most of the costs of a case where mistakes had been made in the drafting of the will. It’s an abject lesson that sloppy will drafting could cost firms more than they perhaps might anticipate. The ruling followed a dispute around …
Continue reading “Costs – poor will-drafting”
Following on from the above case, the CAB provides a helpful summary as to the term ‘provision, criterion and practice’ as follows: ‘The Equality Act uses a technical term: “provision, criterion or practice”. This slightly odd term is used deliberately to cover rules, policies, practices or requirements – formal or informal, written or unwritten. This …
Continue reading “PCP definition – a reminder”
This is an interesting ruling involving a predatory marriage. An elderly widower (T), who was 93, married his 54-year-old ‘carer’ (G) and then made a new will in her favour. In doing so, he disinherited his daughter (L), his only child. T died less than a year after the marriage. L won her claim on …
Continue reading “Inheritance – predatory marriage”
The SC has heard a case which, on the face of it, relates only to trade mark infringement but which will be far-reaching in the reframing of directors’ duties. The SC press summary is as follows: ‘Background to the Appeal Mr Kashif Ahmed and his sister, Ms Bushra Ahmed, were directors of Hornby Street Ltd, …
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The President of the Family Division has issued Practice Guidance for Urgent Applications, Out of Hours Applications and Bundles in the Family Division of the High Court. This list is exclusively for cases where the circumstances are ‘truly urgent’ and children’s welfare requires an immediate hearing. In the guidance document, Sir Andrew McFarlane stresses that …
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There are strict rules about the making of profits by a trustee, including personal representatives. In what is most probably the end of the road for Brealey v Shepherd, the CA has given its ruling on the issue of remuneration of executors and estate trustees. By way of reminder, the HC ruled in 2022 that …
Continue reading “Executor remuneration – charging clauses”
On 16 May 2024 the LSB issued requirements on how lawyers handle ‘consumer’ complaints. All firms may wish to consider and take heed. It issued Requirements, Guidance and a statement of policy to regulators to improve the way in which first-tier complaints are handled. First-tier complaints are the initial complaints that consumers make to their …
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M unsuccessfully applied for costs following a successful appeal against an order for the appointment of a psychologist to do a family assessment. She sought costs against F and against the children’s guardian. This ruling confirms the general principle that in private law children proceedings, costs orders generally are rare. However, the court has discretion …
Continue reading “Private – costs; children cases”
Wills solicitors will appreciate the ongoing challenges of ensuring there are no ambiguities in the wills they draft (and advising clients to keep their wills under review). Every so often, an avoidable dispute arises because insufficient care was taken by the will drafters in properly naming charities and other organisations. A recent case illustrates how …
Continue reading “Charitable bequests – ambiguities”