What do Valentine’s Day and Divorce have in common?
It might seem impossible but Valentine’s Day and divorce have one thing in common; they can be the beginning of something new, the next chapter in someone’s life. People going through divorce will often ask whether they can and should date other people while divorcing their ex-spouse.
Same-Sex Marriage FAQs
The end of a relationship is a difficult time, but it’s important not to rush into decisions.
APPG for Inheritance & Intergenerational Fairness published a report which recommended a ‘complete overhaul’ of IHT
At the end of last month the All-Party Parliamentary Group for Inheritance & Intergenerational fairness (APPGIIF) published a report which recommended a complete overhaul to the inheritance tax (IHT) system. It should be noted that the APPGIIF is an informal group, and whilst is contains members from both the House of Commons and House of Lords, neither House has given it formal approval.
New UK Immigration system
Once the UK leaves the European Union (EU), a new immigration system will be introduced to replace the EU’s freedom of movement rule. The government favours a “points-based system” which can take different factors like skills and language into account when awarding visas.
The Migration Advisory Committee recommended the use of points – earned on factors like age, qualifications and previous study in the UK – only for more highly-skilled migrants without a job offer.
I am in a civil partnership, can I get divorced?
The most frequently asked questions from our clients in a civil partnership.
Two new pre-action Housing Protocols introduced: Social Possession and Housing Conditions
Two new pre-action protocols were introduced on 13 January 2020. These were a new and revised pre-action protocol for possession claims by social housing landlords and a new pre-action protocol for housing condition cases in England.
The new Pre-Action Housing Condition Protocol brings small changes to fully incorporate the Homes (Fitness for Human Habitation) Act 2018
This new protocol is replacing what was previously the Pre-Action Protocol for Housing Disrepair (Wales still use the old disrepair version.) This comes after the Homes (Fitness for Human Habitation) Act 2018 was introduced.
The main differences thus far are the words “housing disrepair” being replaced with “housing conditions.” And, in the pre-action letter of claim, the word “repairs” has been replaced with “works” throughout.
Furthermore, in ‘Annex A: Letter of Claim’, the ‘Housing Conditions’ section has been added and the ‘Claims’ section has been slightly amended. There are also some changes in ‘Annex B- Letter of Instruction to Expert.’
The protocol applies to residential property in England (Wales continues to use the older version) and relates to claims by tenants in respect of poor housing conditions. It continues its many objectives which include avoiding unnecessary litigation, encouraging landlords to carry out their remedial works responsibilities and giving guidance on the instruction of experts.
The protocol should be followed in disputes over condition the condition of housing in England.
The new and revised pre-action protocol for possession claims by social housing landlords resolves some contradictions in the previous version
For this new and revised pre-action protocol, the main changes are in Part 3. It now applies to claims brought by social landlords, and if they prove their case, the court must (in principle) grant possession. The protocol does not apply to claims concerning long leases, but Part 3 makes it clear that it applies to mandatory grounds and non-secure tenancies.
Part 3 seeks to ensure that, in cases where human rights, public law or equality law issues are or may be raised, the required information is before the Court at the first hearing. This is so that issues of proportionality may be dealt with as soon as possible, if appropriate, or that appropriate directions for trial may be given.
At Paragraph 2.12, changes have been made so that not less than 10 days before the hearing, the landlord should disclose what knowledge it possesses of the tenant’s housing benefit or universal credit (housing element), as well as provide up-to-date rent statements, to the tenant.
Ultimately, the protocol continues to encourage pre-action contact between the Landlord and Tenant which can enable parties to avoid litigation or can allow time in court to be used more efficiently if litigation does go ahead.
Is family mediation a cheaper way of sorting out my divorce/separation?
When couples separate or divorce they need to sort out how they are going to divide their finances, and the arrangements for any relevant children. Sometimes couples are able to resolve things amicably between themselves but often some professional input and support is needed. There are different ways that divorcing couples can resolve their financial affairs, and matters relating to their children, as follows:
What if I want to mediate but my husband doesn’t?
Frequently separating or divorcing partners / spouses want to sort out the division of their finances and/or the arrangements for any relevant children in family mediation but they are worried that their husband / wife / partner may not want to. One partner / spouse would like to mediate as it provides a way for them to discuss matters face to face with the assistance of a neutral third party, the mediator. In addition, it hopefully helps to preserve a civil relationship, which is especially important if there is going to be an on-going co-parenting relationship.
The use of social media by employees and how social media policies have been used by companies
Social media has revolutionised the way in which people create and share content and communicate with each other over various forms of media. Communication over social media has become increasingly popular and the use of social media by individuals in and outside of the workplace has become common.
How employees use social media in the course of their employment, is particularly important for businesses. Under UK law, employers are vicariously liable for the acts carried out by their employees. It is therefore important businesses have a well thought out social media policy to deal with employees using social media, including outside office hours.
What are the dangers arising from using social media?
Inappropriate use of social media by employees can carry risks for any business, the main risk being reputational damage to the business. Other key dangers of social media use include:
- Potential liability where employees post defamatory or discriminatory work-related comments on social media;
- Disclosure of confidential information which may include commercially sensitive information belonging to the business; and
- Infringing third party intellectual property rights.
In order to tackle the dangers of social media use, businesses often make use of social media policies as the first line of managing risks internally within the company. Below we explore key decisions arising from case law highlighting the importance of having a well thought out social media policy in place.