Article Category: Insight & Opinion

He said what on Facebook?

Trafford Housing Trust have recently been found liable in the High Court for breach of contract after they demoted an employee who posted his personal views – relating to homosexual marriage – on his Facebook page. This case demonstrated the knee jerk reaction taken by an employer when dealing with an employee’s use of social media, which… Read more »

Are your restrictive covenants worth the paper they are written on?

A recent decision of the High Court in Patsystems v Neilly has called into question the validity and timing of restrictive covenants, which should serve as a warning to all employers who have already entered into or are considering entering into these arrangements with their employees. The employee started working in June 2000 in the… Read more »

Flexible working for all employees

In November 2012, the government announced its decision to extend the right to request flexible working to all employees. The right currently only applies to working parents and carers. In due course, employers must be ready to deal with flexible working requests from all employees. In the government’s response to the ‘Consultation on Modern Workplaces’… Read more »

My pension is all mine – or is it?

In a recent survey of divorced women it was found that only 15% had pensions discussed as part of their overall financial settlement. Pensions are an important asset and one which must not be overlooked in divorce cases. More often than not, the husband has the larger pension pot and this was the case in… Read more »

Disputes over children with an international element

The Hague Convention 1996 on the International Protection of Children came into force in the UK from 01 November 2012. The Convention has uniform rules determining which countries’ authorities are competent to take necessary measures. These rules, which avoid the possibility of conflicting decisions, give the primary responsibility to the authorities of the country where… Read more »

All that I have I share with you… except my company assets!

You could be forgiven for thinking that everything will be taken into account in a divorce financial settlement– even assets held by a spouse’s company. Indeed this has been the decision in the majority of cases to date where assets held in the name of a company owned by one spouse are transferred to the… Read more »

In the name of the father… or maybe not

A legal case is currently proceeding in the courts in France in respect of the paternity of a child. The French MEP involved in the case is suing the man she says is the father, however, he denies that he is. The case is likely to be resolved by the use of witness evidence. Under… Read more »

Fancy the Maldives for Christmas?

Have you ever longed for the beach at Christmas as an escape from the cold of England? I’m sure that most of us have. Before you go, however, remember to ensure that you have satisfied all outstanding obligations at home (or at least covered your tracks!) In a recent case, a court has declined an… Read more »

Child benefit curtailed

Under the latest government proposals child benefit could be limited to two children per family. The Government is looking for ways to cut the welfare bill and this is one option currently being discussed. Originally there were discussions of non-working families having child benefit and child tax credit limited if they have more than two… Read more »

How is inherited wealth distributed in a divorce?

When asked to advise clients going through divorce proceedings in relation to financial settlements, the question of how the courts will approach inherited wealth is one that is often asked. The answer is ‘it depends’ – which on the face of it, isn’t a very helpful answer. The difficulty lies in the fact that the… Read more »