Typically married couples will be exempt from Capital Gains Tax (CGT) when they transfer (or sell) assets between themselves. This is because the disposal of assets is not treated as ‘chargeable’. The law states that the transfers between spouses...
Welcome Section 100(1)(d) and (e) of the Employment Rights Act 1996 provides employees with protection from dismissal if they exercise their right to leave the workplace or refuse to return to it, or take other steps to protect themselves, if...
Welcome Employees have the right not to be unfairly dismissed. For a dismissal to be fair, an employer must show that they have a potentially fair reason to dismiss - such as conduct or redundancy - and that they acted reasonably in treating...
Following a successful mediation last Tuesday (a Settlement Agreement was signed by around 7pm), I reflected generally on what the controllables are that one can control, or at least try to control, as a mediation advocate and as the solicitor representing...
The recent case of Whittle v Whittle indicates that poisoning a potential testator’s mind against another beneficiary by casting dishonest aspersions upon his or her character, where the person making the aspersions either knows them to be...
Just because a shareholder doesn’t like how the company is being managed doesn’t mean the court will make a finding of unfair prejudice. In Primekings Holding Limited v Anthony King [2021] EWCA Civ 1943 the Court of Appeal...
Welcome Employers dread the vexatious litigant. Even the most spurious of tribunal claims takes up valuable management time and incurs legal fees to defend. The judgment of the EAT in Attorney General v Taheri will be a salve to those employers...
From 6 April 2022, new legislation has bought significant changes in the divorce process. The Divorce, Dissolution and Separation Act 2020 replaces the previous “five grounds” for divorce, and therefore allows couples to divorce without...
In a recent case the Court of Appeal considered whether a delay of 17 years in presenting an unfair prejudice petition was too long. Background Andrew Bailey presented a petition in respect of Cherry Hill Skip Hire Ltd (“ the Company ”). He...
The recent case of Haz International Ltd v Yesilkaya [2021] EWHC 1695 (Ch) highlights some of the key considerations of the court when a petitioner seeks a just and equitable winding up of a company. Facts Mr Il and Mr Yesilkaya were directors and...
