Blog Archives - Page 32 of 51 - Lyons Davidson Solicitors

Blog Family Law

February 8, 2016
by Lyons Davidson

Many victims of domestic violence should get family legal aid: but do they?

In April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force and, consequently, many people have found themselves without access to family legal aid. One group of people – who were supposed to remain protected and still have access to the public purse for legal representation in family proceedings … Continued

Blog Regulatory Corporate Crime

February 5, 2016
by Lyons Davidson

Fines for health and safety offences set to soar for large organisations

As of the 1 February 2016, the courts in England and Wales will be using the new sentencing guidelines for corporate manslaughter, health and safety and food offences. The guidelines apply to all such offences sentenced from the 1 February, regardless of when the offence was committed. The indications are that ‘large’ and ‘very large’ … Continued

Blog Commercial Litigation

February 3, 2016
by Lyons Davidson

Liquidated damages and the penalty clause: a brief summary of the change in the law

On 4 November 2015, the Supreme Court changed the previously well-established law relating to liquidated damages and the penalty clause, in the case of Cavendish Square Holding BV v Talal El Makdessi; Parkingeye LTD v Beavis [2015] UKSC 67.

Blog Family Law

January 25, 2016
by Lyons Davidson

Civil Partnership: A modern alternative to marriage for heterosexual couples?

The media reported this week that a couple have begun a legal battle at the High Court against the ban on heterosexual couples entering into a civil partnership. Civil partnerships, which came into effect in the Civil Partnership Act 2004 grant same-sex couples similar rights to those of married couples. The act specifies that the … Continued

Blog Private Client

December 31, 2015
by Lyons Davidson

The dangers of losing a contentious probate claim

The recent judgment in the case of Stephen David Breslin (Executor & Beneficiary of the estate of Marjorie Beck, deceased) v (1) Peter Bromley (Executor of the estate of Marjorie Beck, deceased) (2) Anne Elizabeth Lockwood (3) Linda Breslin [2015] is a stark warning of the cost risks in a contentious probate claim and that … Continued

Blog Private Client

November 26, 2015
by Lyons Davidson

Contentious probate: fanning the flames over Robin Williams’ estate

Following the tragic suicide of Robin Williams, the comedian and actor who is perhaps best known for playing Mrs Doubtfire, lines were drawn and battle commenced between his widow, Susan Williams, and his three children from previous relationships. The argument revolved around who should receive various personal items belonging to the actor. In papers filed … Continued

Blog Private Client

November 20, 2015
by Lyons Davidson

The rise of financial abuse of the elderly

It is a sad but unavoidable fact that financial abuse of the elderly in the UK keeps rising. Worse still is the fact that most of this type of abuse is committed by family members. A recent publication by KPMG indicates that the main perpetrator of this type of fraud is the ‘baby boomer’, who … Continued

Blog Employment

November 3, 2015
by Lyons Davidson

Dismissal, disability discrimination and ill-health at the EAT

What factors should an employer take into account before dismissing for ill health? In Monmouthshire County Council v Harris [UKEAT/0332/14/DA], the Employment Appeals Tribunal overturned the Employment Tribunal’s judgment that Mrs Harris had been unfairly dismissed and that her dismissal was disability discrimination. Reasonable adjustments Mrs Harris suffered from a disability arising from four chronic … Continued

Blog Insurance Litigation: Property

October 28, 2015
by Lyons Davidson

Recoveries from removal companies Part 3 – all change for limitation clauses

The Consumer Rights Act 2015 (CRA), which came into force on 1 October 2015, applies to every consumer contract formed after that date. Where that contract is for removals, the changes introduced by the CRA to the limitation of liability are very significant. Limitation clauses: limiting liability from breach of an implied duty for reasonable … Continued

Blog Insurance Litigation: Property

October 21, 2015
by Lyons Davidson

Recoveries from removal companies: part 2 – limitations on liability

Claims against removal companies for damage caused to items that were in their control during the process of removals, transport and storage will normally be based on negligence, breach of the removals contract and bailment, which was examined in detail in Part 1. In this article, we turn to look at limitations on liability. Bailment … Continued

Blog Insurance Litigation: Property

October 14, 2015
by Lyons Davidson

Recoveries from removal companies: part 1 – heads of claim

Lyons Davidson’s Property Insurance Litigation team is often asked to pursue claims against removal companies for damage caused to items that were in their control during the process of removals, transport or storage. This article is about claims arising from those circumstances; however, the points about bailment apply equally to other relevant situations. Legal bases … Continued

Blog Employment

September 29, 2015
by Lyons Davidson

Travelling time, mobile workers and the Working Time Directive

The European Court of Justice has handed down its judgment in Federación de Servicios Privados del Sindicato Comisiones Obreras v Tyco Integrated Security SL and anor on the meaning of ‘working time’ for workers who do not have a fixed or habitual place of work. The ECJ said that the time these workers spend travelling … Continued

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