Article Category: Insight & Opinion

Trading names in a contract – beware

The Court of Appeal recently confirmed that an individual was personally party to (and therefore personally liable under) a contract notwithstanding the fact he signed the document using the trading name for his limited company. The rationale for the decision was because there was nothing in the contract to actually indicate that this was the… Read more »

The Court of Protection – expelling the myths

A recent article in the Mail Online “exposing” the apparently secret court that is taking control of people’s assets could not be more inaccurate. Read the full article here. The Court of Protection in some form has been around for decades (and not created by Labour in 2007, as was reported) and its purpose is… Read more »

Separation agreements, for peace of mind in a separation

If you are separating from your spouse or civil partner but have decided not to divorce at this stage, you still need to be careful when resolving finances, even where the position is amicable. There is no guarantee that it will be amicable in the longer term. It is not uncommon for a separation to… Read more »

Employees to swap employment rights for shares

In 2012, the Chancellor announced proposals for a new type of employee ownership arrangement, under which employees would give up some of their employment rights in exchange for shares in the company which employs them. The provisions were introduced as part of the Growth and Infrastructure Bill. Following a tortuous passage through Parliament, the bill… Read more »

New powers for CQC to delve into finances of care homes

The Care Quality Commission (CQC) has announced it will have new powers to intervene on the finances of operators in the care sector. The CQC inspectors will be able to monitor the finances of the largest care homes and domiciliary care providers, in order to try and prevent the increasing numbers of sudden closures. The… Read more »

Employee shareholder status enacted by parliament

Following a game of parliamentary tennis the government has finally agreed to introduce employee shareholder status into the Growth and Infrastructure Bill, which was passed by parliament in April. Having previously rejected the proposal twice the House of Lords finally voted to accept the proposal for employee shareholder status to be introduced. Under this arrangement… Read more »

Court terminates father’s parental responsibility

In the first reported judgement on the termination of ‘parental responsibility’ for a number of years and therefore a very unusual case, Mr Justice Barker terminated the parental responsibility of a father and his right to be involved in his child’s life. The reasons for this judgement were completely understandable. In this extreme circumstance, the… Read more »