Article Category: Insight & Opinion

What’s in a name? Restrictions on the re-use of a company name

When a company (“Oldco”) enters an insolvency process, the former directors of that company will often be best placed to make an offer to purchase from the insolvency practitioner, the business and assets of the company. In order to maintain the goodwill associated with Oldco the directors will often choose to trade the new company… Read more »

Children to be seen and heard

Simon Hughes, the Justice Minister has recently indicated that any child over the age of ten, in respect of whose family Judges are making decisions, will have the opportunity to speak to the Judge to make their views and feelings known. Many people will think that this is a change to the law and separated… Read more »

The law on wills is due a revamp!

The current law governing the interpretation and validity of wills in England and Wales is set out in the Wills Act 1837 as amended by other statues. Even though it has been around for almost two centuries, two thirds of the population still do not have a will. The test for capacity to make a… Read more »

Changes to the TUPE regulations for micro businesses

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) were designed to place specific obligations on businesses involved in business sale transactions and service provision changes in order to protect the rights of employees affected by those transactions. In 2013 the Government decided that changes need to be made to the TUPE regulations in… Read more »

Mediation: is it for you?

The definition of mediation taken from the Oxford English dictionary is “the intervention in a dispute in order to resolve it.” It is not to be confused with the word meditate, the definition of which is “to focus ones mind for a short period of time, in silence or with the aid of chanting, for… Read more »

Dinner Darling?

A recent case, BE v DE [2014], has found that a dinner date between a husband and wife was just that, a dinner date. Whilst at the restaurant the husband produced an agreement during court proceedings several months later, he argued that the date had been ‘without prejudice’ and so could not be referred to… Read more »

Kramer v Kramer or Tibbles v Tibbles?

Surprising though it may be to many pet lovers, there is no specific law in England to assist with what happens to pets in a matrimonial break up and disputes are more common than you may think. Many people treat their pets as family members and disputes over pet ownership can be every bit as… Read more »

Changes to family law

Having had its first reading earlier in the year, The Divorce (Financial Provisions) Bill introduced by Lady Deech received its second reading in the House of Lords last week. The bill seeks to reform the law relating to financial provisions on divorce amending The Matrimonial Causes Act 1973 with many peers speaking positively about the… Read more »

Flexible working available for all employees

The rules on flexible working change from today, 30 June 2014, to allow all employees with over 26 weeks’ service to make an application for flexible working. Previously, this right only existed for parents and carers. There are three important changes to be aware of: Any employee with more than 26 weeks’ continuous service can… Read more »

Abduction of your children: How do you get them back?

Over the years there have been numerous cases regarding the abduction of children. Most of the cases have involved a parent taking a child or children back to the country from where the parent originates. Historically, the courts have followed the letter of the law and have considered the evidence to work out where the… Read more »