CHAPTER TWO – WHY MAKE AN ADMINISTRATION APPLICATION? As indicated in the previous chapter, applications for an administration order are less common nowadays because the administration regime in Schedule B1 gives directors, a company and a QFCH the ability to appoint an administrator out of court. Where that route is available, […]
CHAPTER TWO – PROTECTION OF HEALTH AND SAFETY Management of Health and Safety At Work Regulations Employers, of course, have an obligation to ensure the Health and Safety of all of their employees as contained in the Management of Health and Safety at Work Regulations 1999 (“MHSWR 99”). In particular, under […]
CHAPTER ONE – SURVEYING THE TERRAIN Let’s stand back and see where the law relating to redundancy in the workplace has sprung from and when. Before we look at that context, when making any redundancies, there are five key employee rights. These are: Contractual rights. Statutory Rights: Redundancy Payments. Statutory […]
CHAPTER ONE – NON-MOLESTATION ORDERS 1.1 What is Molestation? ‘Molestation’ is not defined in the Family Law Act 1996 (‘FLA 1996’). In Vaughan v Vaughan [1973] 1 WLR 1159, CA the Court considered the meaning of molestation as synonymous with the word ‘pester’ which includes behaviour ‘to cause trouble; to […]
CHAPTER ONE – RELATIONSHIPS ENTERED INTO ABROAD Formal requirements: marriage Preparing for a “wedcation” requires more than simply packing a suitcase. The requirements for British nationals who wish to marry in other jurisdictions differ significantly from country to country. A breakdown by each individual country can be found on the website […]
CHAPTER ONE – GETTING THE MENTAL CAPACITY ACT RIGHT Let’s start with this: the single most important thing about deprivation of liberty is getting the Mental Capacity Act (MCA) right[1]. In my experience, when an organisation gets into trouble over a deprivation of liberty issue it is rarely due to […]
CHAPTER ONE CAPACITY: WHEN DOES ONE BECOME “P”? Capacity is key when making an application to the Court of Protection. This is because the Court of Protection will only consider cases where the person involved has, on the balance of probabilities, lost the capacity to make the decision in question. […]
INTRODUCTION Terminology The author does not wish, in any way, to be tendentious and will use the terminology of the relevant legislation which is Receiving Person (“RP”) or Person with Care (“PwC”) for the recipient of child maintenance and Paying Person (“PP”) or Non-Resident Person (“NRP”) for the payer of […]
CHAPTER ONE – FACTORING THE TRADITIONAL MODEL 1-01 Factoring, in its traditional form, is a means by which a business (‘the Business’) is able to accelerate and optimise its cashflow by selling its accounts receivable (referred to variously as ‘invoices’ or ‘debts’ herein) to a factoring company (‘the Factor’) for a […]
CHAPTER ONE – FREEHOLD OWNERSHIP OF AIRSPACE AND SUBSOIL Introduction The questions of who owns the air above our heads and the earth beneath our feet affects modern life in many ways. It may impact on a basement development under an expensive house in Holland Park, fracking in Lancashire (should fracking […]
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