Divorce Consent Orders – Important? Necessary?

24/11/2015

The Supreme Court’s decision in Wyatt v Vince should serve as a reminder to divorcing couples that financial settlements should be finalised at the time of the divorce. Most clients, sensibly seek to resolve the financial aspect of the divorce through mediation or by negotiations, keeping court involvement and legal costs to a minimum. The READ MORE

Is no contract better than one you don’t understand?

23/11/2015

Odd, to say the least, you may be thinking, for a commercial lawyer like me, who partially makes her living drafting and negotiating contracts, to pen a post with this title? Well, here’s why this is such a serious issue. In my experience, especially when working with clients who have a tight budget for legal READ MORE

Timing is everything with contract law

19/11/2015

Well, not exactly – I am exaggerating of course. But, timing and issues of time are important in most contracts and an essential item to consider when drafting and negotiating. Time of the essence in contract? There are many statutes which apply to business where time stipulations make clear what each party’s rights and responsibilities READ MORE

Getting an injunction against an employee

19/11/2015

Employment Law Injunctions What is an Injunction? An injunction is an Order from the Court which either prevents a party from doing something or forces a party to do something. An injunction is not easy to obtain and as it is an equitable remedy made at the Court’s discretion. An injunction will only be granted READ MORE

Litigation letter of claim – why is it so important?

18/11/2015

Letter before action For both practical and legal reasons, a letter of claim, sometimes also known as a letter before action, is crucial before starting legal proceedings. Court proceedings, whether lawyers are instructed or otherwise, involve cost and risk. Court fees must be paid, which are increasingly expensive and if you start a claim and READ MORE

When is it legally valid to terminate a contract?

04/11/2015

Unfortunately, like most legal matters, there are numerous things to consider. However, to give you a basic idea, you firstly need to consider whether the contract was actually breached. Contracts are for the most part written down, but they can develop over time according to the surrounding circumstances. Material breach of contract For you to READ MORE

Jose Mourinho, Eva Carneiro and Chelsea Football Club: Explained

03/11/2015

It may seem unusual to the public that an individual (Jose Mourinho) has been named in proceedings against Chelsea Football Club (Chelsea) regarding the treatment of one of their employees. However, in the legal world, it is a common stance adopted in Employment claims involving an aspect of discrimination. Tactically, employees often name the individual READ MORE

What should employers include in an internet, email and social media policy?

23/10/2015

If your business does not already have an Internet use and social media policy, you should strongly consider getting one which has been carefully thought through and to ensure that the policy is consistent with other employment law policies, contracts and your business generally. It is also vital that any policy is backed up by READ MORE

Retaining title pending payment in sale of goods contracts

23/10/2015

What is a retention of title clause? If you include a retention of title clause in your terms and conditions, you will retain ownership of any goods you sell until you receive payment. Without a retention of title clause, ownership of goods will pass to the buyer when the goods are handed over and not READ MORE

Try mediation before litigation

23/10/2015

The process of commercial mediation is often overlooked in a potential or actual litigation situation. There seem to be several reasons for this, firstly that in a litigation situation, matters, even in a business context, can become very personal very quickly, and positions become entrenched. Secondly, there appears to be a lack of understanding of READ MORE