It used to be considered good English Contract Law that a penalty charge levied by a party for breach of contract by the other party had to be a “genuine pre-estimate” of the loss suffered for it to be enforceable. If there was no apparent loss, then there couldn’t be a need for a penalty […]
The National Minimum Wage (NMW) is the minimum pay per hour most workers are entitled to by law. The rate will depend on a worker’s age and if they are an apprentice. The following rates came into force on the 1st October 2016. The rates from 1 October 2016 are: £7.20 per hour – 25 […]
The award of injury to feelings in Employment Tribunal claims is intended to compensate the Claimant for the anger, distress and upset caused by the unlawful treatment they have received. The seminal case in this area was Vento v Chief Constable of West Yorkshire Police (No2)  IRLR 102) which sought to assess damages by […]
An issue can arise when someone dies and does not make financial provision for another person in their will. Under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving person has the right to apply to the court within six months from the date on which representation with respect to the estate of the deceased […]
Settlement agreements, formerly known as compromise agreements, are required by law before an employee can legally waive their employment rights. For a settlement agreement to be binding on the parties, it must be in writing, be signed off by a solicitor who is independent of the employer and where, at the time the advice is […]
We are delighted to announce that Nick Middleton has joined us from another York Practice as part of our expanding and highly respected Family Law Team. Nick is a solicitor and an experienced care practitioner in care proceedings at all court levels. Nick has dealt with complex cases involving children as witnesses, detailed medical evidence and all […]
The 86th Update to the Civil Procedure Rules makes a number of amendments, the principal changes being to Part 52 Appeals and the supporting practice directions. The majority of changes come into force on 3rd October 2016.