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CHAPTER ONE – DEFINITION Constructive dismissal occurs where the employer does not dismiss the employee, but the employee resigns and can show that they were entitled to do so by virtue of the employer’s conduct. Constructive Dismissal – Common law The usual starting point for considering a constructive dismissal claim is [...] -
Chapter One – Introduction SDLT was introduced in 2003, replacing Stamp Duty for land transactions. For many of the years that followed, the standard ‘slab system’ applied with the only concerns for those calculating the SDLT charge being the value and nature of the property. However, over the years HMRC [...] -
CHAPTER TWO – COMPLEX ISSUES IN FIXED COSTS This chapter considers in more detail some issues that were too expansive for the Chapter One’s summary of the fixed costs regime. These issues do not fit under the heading of one costs scheme, as they may span the whole regime. Can [...] -
CHAPTER ONE – THE ELECTORAL COMMISSION AND ITS REGULATEES Following recommendations for an independent commission in reports by the Select Committee on Home Affairs (“the Howarth working group”),[1] the Committee on Standards in Public Life (“the Neill Committee”),[2] and the Independent Commission on the Voting System (“the Jenkins Commission”),[3] the Electoral [...] -
CHAPTER FIVE – IMPLICATIONS OF WORKING WITH A LITIGANT IN PERSON 1. Litigants in Person are not all the same A lawyer should guard against thinking there is a stereotypical litigant. One must not think that all Litigants in Person will be difficult and awkward. That is not the case: many [...] -
CHAPTER TWO – ESTIMATES Introduction 2.1. A client who instructs a solicitor in a contentious matter will always want to know two things at the outset; what the merits are and what the cost will be. In non-contentious matters the client will similarly be concerned as to the costs of the [...] -
CHAPTER ONE – INTRODUCTION The Covid-19 pandemic, lockdown and consequences for will making In late January 2020 the first cases of Covid-19 infections were reported in the UK. Having encouraged people to stay at home the previous week, on 23rd March 2020 Prime Minister Boris Johnson announced, in effect, a [...] -
CHAPTER 1 – CONTEXT This book is about making medical treatment decisions, for yourself and for others. We will need to think about who decides what options are even available; how we inform and support patients to make decisions, and how we establish when an adult cannot make a decision [...] -
CHAPTER TWO – 1991 ACT TENANCIES The expression “1991 Act tenancy” applies to a range of agricultural tenancies created in a variety of circumstances. Many of these tenancies came into effect long before the enactment of the 1991 Act. This chapter discusses the defining characteristics of such tenancies and the [...] -
CHAPTER ONE – INTRODUCTION “An Act to make provision about companies and other entities in financial difficulty; and to make temporary changes to the law relating to the governance and regulation of companies and other entities.” The Corporate Insolvency and Governance Act 2020 (referred to throughout this book as “the [...]