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Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

DPA suitability checklist

DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...

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Probate actions—caveats

STOP PRESS: HMCTS announced updates to the caveat application process from 25 October 2022. See: LNB News 11/10/2022 10.CaveatsA caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed by:•the non-appearance of the caveator to the warning•the withdrawal of the caveat by the caveator•an order of a district judge, registrar or High Court judge•the expiration of six months from the date of entry or effective...

Preparing for the auditors—in-house lawyers

Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...

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Template replies to CPSE 4 (version 3.3)—Supplemental pre-contract enquiries for commercial leasehold property on the assignment of the lease

Template replies to CPSE 4 (version 3.3)—Supplemental pre-contract enquiries for commercial leasehold property on the assignment of the lease WARNING These template replies to enquiries are intended only as a framework and starting point to assist the Seller in building their bespoke replies to enquiries. They are not a recommended, comprehensive or conclusive list and should not be used without careful consideration and bespoke amendment to suit the particular transaction. Replies to enquiries form part of the contract and it is imperative that they are correctly tailored to the specific matter and do not include any false or flippant statements. They should also not contain any generic statements, such as ‘Not to the Seller’s knowledge’, unless the Seller has made an effort to discover a more comprehensive answer to the enquiry. Such a response contains within it an implication that the Seller has itself made reasonable enquiries relation to the enquiry in question. You must stress to your client the importance of reviewing the draft replies very carefully and, if...

EHS warranties—asset purchase agreement—seller’s version

EHS warranties—asset purchase agreement—seller’s version Definitions Environment • all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground) (b) land (including soil and sub-surface land); and (c) water (including surface water and groundwater) and any ecological systems or living organisms (including humans) supported by such media. EHS Laws • all applicable laws (whether civil, criminal or administrative), statutes, statutory instruments, directives, regulations, common law and decisions of any court relating to EHS Matters. EHS Matters • any matters relating to the Environment or health and safety. Environmental Permit • any permits, licences, authorisations or consents required at Completion by the Business in relation to the use of

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What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept service and the defendant makes an application for relief from sanctions, what are the cost implications? What are the cost implications if no application is made?

What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept service and the defendant makes an application for relief from sanctions, what are the cost implications? What are the cost implications if no application is made? Failure to serve witness statement in time CPR 32.10 provides: ‘If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.’ Therefore, a party wishing to call a witness to give oral evidence may not do so without the court’s permission if that witness’s statement was not served on time. Practitioners should take great care to ensure they take all steps to comply with all rules, practice directions and orders (including those specific to the particular court and/or track on which their...

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Foreign countries have strong foundation to fill FCPA void

Law360, London: Shifting US enforcement priorities may soon create a crisis in international anti-corruption efforts.

Public Spaces Protection Order on Unauthorised Riverbank Mooring Irrational (Trower v Elmbridge Borough Council)

Local Government analysis: The claimant challenged the Council’s Public Spaces Protection Order (the Order), prohibiting unauthorised mooring of boats at riverbanks in the Council’s area, on numerous grounds. One of these was that the Order was underinclusive, in that it allowed for suspension of the Order when there were risks on the river downstream of the relevant area but not for upstream risks. The court concluded that the Order was irrational in so far as it did not provide for suspension of the prohibition when there were upstream and downstream risks. The Order was insufficiently certain so as to guide river users as to their conduct in similar circumstances. The defect in the Order in these respects could not be saved by a policy on when breaches of the Order would not be prosecuted. Written by Denis Edwards, barrister, Normanton Chambers.