Issue: October 2024

Disability discrimination – compromise agreement

October 2024 | Employment

The EAT has heard an interesting case regarding the interplay between a compromise agreement and a disability discrimination claim. The case summary states: ‘Summary Disability discrimination The Employment Tribunal (“ET”) struck out the claimant’s claims for disability discrimination (direct, indirect and disability related discrimination) on the basis that they were precluded by a compromise agreement …

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Proceedings – service

October 2024 | Procedure

The HC has heard a case involving the service of proceedings. The case involved a probate claim, but the context is not relevant to the point regarding service. The defendant’s solicitors indicated to the claimant’s solicitors that they were authorised to accept service of proceedings, but this was missed by the claimant’s solicitors. Accordingly, they …

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Disability discrimination – timeframe

October 2024 | Employment

The issue of disability discrimination features heavily in employment cases, so it is useful to see how it is handled. In a recent case, the EAT had to consider the timing of a person’s disability. The case summary is as follows: ‘Summary Disability discrimination The Claimant brought two claims in the employment tribunal in which …

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Property – conflict

October 2024 | Professional

Practitioners should always be alive to the possibility of conflicts of interest arising. The SRA has recently fined a solicitor for such a breach. The solicitor acted for two clients where one of them relinquished the beneficial ownership of their property to the other. There was a conflict of their interests and no substantially common …

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Financial remedies – matrimonial rights

October 2024 | Family

This was a ruling on cross-applications in the course of a very high-value FR dispute. H had built up significant wealth through several business ventures in his home country. In 2007, when the parties began cohabiting, his business wealth was at least £565m. However, he now claimed that war had ‘ravaged’ his finances – a …

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Children – transfer of residence

October 2024 | Family

A transfer of residence can be justified where there are genuine risk factors – usually where a child has suffered, or there is a significant risk of, serious physical or sexual harm. In this case, the LA was severely criticised by the court for the draconian way it secured the transfer of a child residence …

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Deputies and attorneys – gifting

October 2024 | Wills, probate and administration

Attorneys and deputies – including private client practitioners acting in those roles as professional attorneys/deputies – should note refreshed OPG guidance on gifting. Gifting on P’s behalf can only take place in certain situations and if in P’s best interests. The guidance sets out the current legal framework and the OPG’s approach in circumstances where …

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Child maintenance – calculations

October 2024 | Family

Family lawyers will be interested in a new Commons research paper on child maintenance calculations under the statutory 2012 scheme, setting out how the CMS calculates maintenance payable. It includes what is defined as ‘income’ (can it be unearned income? for example); whether other income can change the calculation; how income figures are kept up-to-date; …

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IHT – tax planning scheme; HMRC error

October 2024 | Wills, probate and administration

Confusion or lack of communication at HMRC meant it was not permitted to pursue an IHT underpayment because a clearance certificate had been issued. An IHT-planning arrangement had been created just days before T’s death in 2011. She settled initial capital of £20,000 into a trust, which was also to receive a £1.4m term loan facility …

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