Legal Updates

Anybody that works in the world of employment law will be the first to appreciate just how fast-moving this area of the legal industry really can be. If a smaller company cannot afford the services of a trained human resources manager, it can be such a difficult job to stay abreast of all of the regulatory changes and obligations that it faces.

Equally, the average employee will be hard pressed to keep a mental note of every single amendment that may affect his or her working life. These are two good reasons why employment law practitioners are likely to be kept exceptionally busy for the foreseeable future. 

In this article, rather than tackling one specific issue that is due to come into effect in employment law, it seems more prudent to take on five of them. This way we can learn a little bit more through the same article. 

This is a very awkward subject to handle at the best of times, one that will always conjure up mixed emotions from different sections of society, and there is not a person in this country that will not be able to offer a strong opinion on the debate that rages over specific childhood laws.

When we use the term ‘specific’ here, we really mean the fact that in law, it is acceptable to use ‘reasonable punishment’ on a child when it would be totally illegal to do so on an adult. Indeed, if a person used the same level of force on another adult, this would probably come under s. 47 of the Offences Against the Person Act 1861. 

It is quite common when you hear the term “prenuptial agreement” to think of Hollywood celebrity couples embroiled in a bitter divorce suit. Hardly ever does this phrase conjure up the image of the ordinary man and woman in Britain battling for his ’n’ her assets after a marriage breaks down – so why is this the case?

Well, the main reason is the fact that prenuptial agreements (also commonly known as premarital agreements) are largely dismissed by the courts and have little bearing on who “wins” the kids, the house or the dog. The law states that prenuptial agreements have absolutely no legal standing whatsoever and it is down to the judge’s discretion in any divorce case in England (and in Wales) as to whether the agreement is upheld or not.

Many police forces in England and Wales have recently come under harsh criticism for failing to protect their areas from the modern-day scourge that is anti-social behaviour. Topping this poll, with a poor classification across the board, were Nottinghamshire Police; Greater Manchester Police were second worst, with two areas out of three classified as poor, although they did score a “good” rating in one category of local opinion.

In the first part of our consumer law update, we examined the EU proposals to simplify and strengthen the rights of consumers. In this article, we will consider the more extensive UK proposals set out by the Government’s White Paper called“A Better Deal for Consumers – Delivering Real Help Now and Change for the Future”.

At the moment, the law reforms mainly focus on helping consumers avoid credit and online scams. This is part of a wider plan to deal with sharper business practice. There will also be reforms of the current laws on misrepresentation, making it easier for a consumer to take action if they feel they have been misled.  The key proposals include:

1. Appointment of a New Consumer Advocate

We are all used to a bit of banter in the office, but it becomes a completely different matter when banter turns into something as serious as bullying. Bullying and harassment in the workplace have always been issues that have been played down to a certain extent, but recent studies by work unions have indicated that instances have almost doubled over the past ten years.

It is one of the unfortunate facts of life that when a deep recession strikes our economy, there are always going to be unfortunate homeowners who lose their abodes through the distressing process known as repossession. The current recession has not proven to be any different and indeed the figures that recently have been announced for repossessions last year have been even more shocking than previously anticipated.

During 2009 there were 46,000 repossessions across the country and what is even more worrying, this figure is predicted to rise to a shocking and unforgivable 53,000 during 2010. Last year’s figure was the highest recorded in fourteen years and there are many organisations calling for action by the Government to try and reduce this number.

When it comes time to think about writing a will, the stereotypical image conjured up is that of sitting down with pen and paper or making an appointment with a solicitor to draw up the document. We then rattle off how we want our property and assets to be divvied out and we sign the document, usually with a couple of witnesses signing it at the bottom.

The New European Proposals

You may not be aware, but last year the UK government introduced a wide-ranging white paper called “A Better Deal for Consumers – Delivering Real Help Now and Change for the Future”. The proposals made in this white paper follow hot on the heels of the Consumer Protection from Unfair Trading Regulations 2008. The 2008 Regulation marked the biggest shake-up in consumer law in 40 years. It now appears that the government is going to go even further.

The United Kingdom is renowned for its established legal system. There are laws governing just about everything, and even some obscure laws that only affect a handful of people, particularly when they least expect it! One such law is the Chancel Repair Liability Law.

Before the Reformation of the churches in the 15th century, vicars and rectors were responsible for repairs to their churches. At this time the land around the church was also considered to be chancel land, on which many parishioners dwelled.