Article Category: Insight & Opinion

Bankrupt jailed for fraudulently transferring assets

The Insolvency Service has recently published details of a bankrupt, who was sentenced to six months in prison by Cardiff County Court, for fraudulently transferring assets prior to the making of the bankruptcy order. The seriousness of the bankrupt’s conduct was expressed in the judgment of His Honour Judge Stephen Hopkins WC who stated that… Read more »

Gross misconduct – To dismiss or not to dismiss? That is the question…

A recent case in the employment appeal tribunal has confirmed that it is not always reasonable to dismiss an employee who is found guilty of gross misconduct. Background Employers have at their disposal a range of reasonable responses to manage the misconduct or capability of their employees, which may span from an informal warning all… Read more »

New wills and inheritance quality scheme

The call for will writing to be regulated was a result of the growing number of wills badly drafted by solicitors and non-solicitors alike; however, following the disappointing announcement by the government in May this year that will writing will not be regulated, The Law Society has created a new initiative in attempt to deal… Read more »

Is it really ACAS?

Advisory, Conciliation and Arbitration Service (ACAS) are reporting that they have received a number of complaints from employers about companies who allege they are a part of or acting on behalf of ACAS. These companies offer initial advice to employers free of charge and then ask these employers to sign up to long term and… Read more »

Act now to avoid penalties on income from second homes

Her Majesty’s Revenue and Customs are currently carrying out a ‘property sales’ campaign, to review all tax that should have been paid as a result of the sale of second homes or from rental income received on property. They have given house owners until Friday, 9 August to notify them of any such income. If… Read more »

Proportionality – the name of the game in divorce

Sometimes it can be the small things in life which are important, but when it comes to arguing who should have what in a divorce, it is vital that couples do not become embroiled in arguments over minor issues. Contents can often be a bone of contention however, in court, it is very apparent that… Read more »

Do I need terms & conditions?

If you are in business and contracting with others, you need to make sure that you are protected. Your terms and conditions are the cornerstone of your business and we would caution in the strongest possible terms against copying from a website of a competitor, or ‘cobbling together’ from a selection of others that you… Read more »

The benefits of an amicable divorce

A recent study has found that adverse childhood experiences such as being the child of divorced or separated parents can lead to life-long problems with health and mental wellbeing. This is particularly the case where there has been an acrimonious divorce. Although not wanting to be alarmist, there is evidence to show that common behaviours… Read more »

Company law – changes to the Mental Health Act

Earlier this year the Mental Health (Discrimination) Act 2013 came into force and amends certain provisions of the model articles for both private and public companies. The model articles are a set of rules which new companies can adopt as their constitution when a new company is formed. By way of background the 2013 Act… Read more »

Are you ready for tribunal fees?

On the 29 July 2013 the long awaited tribunal fee system will commence. So, what are the main changes for claimants and employers? Background Fees are being introduced into the tribunal system in order to transfer some of the £74 million running costs to the system users and away from the taxpayer. The government believes… Read more »