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County Court Work Increasing

Posted by on October 10th 2017 in Blog Posts

Figures from the Ministry of Justice reveal that there has been an increase in all work at the County Courts between January to March 2017.

The rise has been down to an increase of personal injury cases which were up by 10% and a rise of specified money claims which were up by 22%.  In the first quarter of 2017 over half a million claims were lodged at the County Courts, making it the highest figure since 2009!

The Ministry of Justice findings in the quarterly statistical update showed that where matters were defended, 56% had legal representation for both claimant and...

Kitsons' Employment Practical Leadership Programmes

Posted by on October 6th 2017 in Employment, Kitsons News

Kitsons Employment Team are pleased to announce a series of seminars aimed at those with HR Management responsibility in their organisation.

The seminars are scheduled to run across the course of the next six months, coverting all aspects of HR within the business. Spaces will be limited, with just 12 attendees for each workshop to allow maximum interaction and engagement.

The sessions will be half a day (9.15am start) with lunch, closing at 2.00pm, held at our offices:

  • Torquay: Kitsons LLP, Minerva House, Orchard Way, Edginswell Park, Torquay, Devon, TQ2 7FA
  • Exeter: Kitsons LLP, The Forum,...

New CNG Form For Land Registry

Posted by on October 4th 2017 in Blog Posts, Property

New CNG Form For Land Registry

The Land Registry has introduced a form (form CNG) to enable the registered proprietor of a property to update their name on the register following a change of gender. There is no cost for making the application however the form must be accompanied by some form of evidence – a gender recognition certificate, new birth certificate or a UK medical practitioner’s letter. If the proprietors chosen evidence is the practitioner’s letter then it must confirm that they have lived in their new gender for two years and are now known as the name specified on the form.   There are procedural...

No Duty To Point Out Other Sides Mistake

Posted by on October 4th 2017 in Blog Posts

No Duty To Point Out Other Sides Mistake

In Higgins & Ors v ERC Accountants & Business Advisers Ltd the Claimant had failed to validly serve a claim form with their claim. 

The Claimant’s solicitors argued that the defendants were taking advantage of the mistake that had been made.

Judge Pelling QC held that the mistake of not serving the claim form was not a trivial and described it as the most basic step in ligation.  Judge Pelling rejected the argument that the defendant solicitors should have pointed out the mistake and were under no duty to correct the error.  In his view, had they pointed out the error they...

Kitsons Employment Law Updates

Posted by on October 2nd 2017 in Employment Newsletters

The Kitsons Employment Law Update is designed to ensure you are up-to-date with the most significant and interesting developments in the world of Employment Law. Our Employment Team highlights relevant developments and cases of interest in a format that is easy to read on a regular basis.

September 2017

We look at topics such as; flexible working hours, mental health in the workplace and more.

Click below to read the full edition.

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August 2017

We look at topics such as; the Gender...

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Posted by on October 2nd 2017 in Employment

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Can Employers Monitor Employees Emails?

In the case of Barbulescu v Romania the Romanian Court ruled that an employer had acted lawfully when it monitored an employee’s Yahoo Account. The account in question was a Yahoo Messenger account, which the employee was encouraged to use to speak to customers. The employer found, however, that the account was also being used for personal purposes – namely messaging his brother and partner. Mr Barbulescu was subsequently dismissed from his role.  The Court upheld the decision of the employer to dismiss him,...

The Launch of the New Business and Property Court of England & Wales

Posted by on September 29th 2017 in Employment

The Launch of the New Business and Property Court of England & Wales

The Business and Property Courts of England & Wales will be launched on 02 October 2017. The new court will comprise the following:

  • Commercial Court
  • Technology and Construction Court
  • Courts of the Chancery Division
  • Insolvency and Companies Court
  • Admiralty Court
  • Business list
  • Financial list
  • Competition list
  • Intellectual Property List
  • Property Trust and Probate List; and
  • Revenue List.

In addition to London there will be 5 main regional centres comprising of Manchester, Birmingham, Bristol, Leeds and Cardiff. Users will be asked to identify which centre they wish to issue proceedings in.   This will enhance the connection between London and the regions with the mantra that...

What Can You Do If Your Flight Is Cancelled By Ryanair?

Posted by on September 28th 2017 in Blog Posts

What Can You Do If Your Flight Is Cancelled By Ryanair?

Ryanair has recently announced that hundreds of flights are being cancelled between mid-September and October leaving as many as 400,000 passengers without flights, due to issue with the lack of planning of pilot holidays.

What can you do if your flight is cancelled?

You can apply for a refund

You are able to apply for a refund if your journey is disrupted by a cancellation even if it is only the outbound trip that is affected.

You can choose an alternative flight

Ryanair has stated that that in most cases it will offer an alternative flight either earlier or late than...

Flexible Working Hours

Posted by on September 28th 2017 in Blog Posts, Employment

Flexible Working Hours

A survey of 1000 parents has suggested that those who request flexible working to enable them to look after their children are punished for doing so by being given fewer hours, worse shifts and in some cases have lost their jobs.  

The survey focused on mums and dads in “low paid” jobs particularly in the retail, hospitality and social care sectors and identified that part of the problem is that many employees are unaware of their rights to flexible working.

Every employee who has been employed for 26 weeks has the statutory right to apply for flexible working – as long...

Mental Health in the Workplace: Fit notes

Posted by on September 27th 2017 in Employment

Mental Health in the Workplace: Fit notes

In the UK, employees are entitled to statutory sick pay of up to 28 weeks. Whilst nothing is required to be produced by the employee for sickness leave of seven days or less, an employee who is absent for longer must provide a “fit note” (previously known as a doctor’s note or sick note). A fit note is a record of advice from the employee’s doctor to their employer. It is not legally binding but acts as confirmation of the sickness, as well as providing the employer with some details as to an expected return date, and what the employer...

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