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Litigation News
To successfully pursue a claim for personal injury you must prove that there has been a breach of duty which has caused actionable personal damage.   Broken down, you must prove the following; Negligence (breach of duty) The Claimant must prove that the Defendant’s act or omission resulted in a breach of duty i.e. did the...
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The Health and Safety Executive advise that cancer can be caused by substances, or mixtures of substances, called ‘carcinogens’. Occupational cancer can be caused through prolonged exposure to carcinogens in the workplace. Carcinogens occur in many forms, they can be solids, liquids, vapours, gases, or dusts and can be breathed in, absorbed through the skin...
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The Inheritance (Provision for Family and Dependants) Act 1975 allows certain family members and dependants of a deceased person to bring a claim for further financial provision where the Will of the deceased (or the rules of intestacy where no Will exists) fails to do so. Those that can apply under the Act include the...
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The Fatal Accidents Act 1976 is a mechanism by which individuals can seek compensation when a husband or wife dies as a result of an accident. As the Legislation currently stands the Act excludes cohabiting couples from claiming statutory bereavement damages. Despite the fact that it has been deemed to be incompatible with the European...
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When considering the enforceability of restrictive covenants in employment contracts (also known as post-termination restrictions) they will be deemed void unless they go no further than is necessary in order to protect the employer’s legitimate business interests.  What is considered reasonable will vary on a case by case basis but will include consideration of a...
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An increase in the number of couples choosing to cohabit in the last 20 years has led to a rise in complex and often costly legal disputes when relationships break down. Recent research highlighted that around 1 in 4 people living together think they have the same legal protections as married couples. Currently in England...
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All landlords and tenants of domestic premises should be aware of a recent amendment to the Landlord and Tenant Act 1995 that requires residential rented accommodation to be provided and maintained in a state of fitness for human habitation. The new Act comes into force on the 20th March 2019 and amends the Landlord and...
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Although many of the rules relating to consumer rights are based on EU directives, reassuringly, most are also enshrined in UK law. The standards required of goods, services, and digital content, and the remedies if they are breached, as consolidated in the Consumer Rights Act 2015, are a mix of EU and domestic provisions. On...
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In claims for unfair dismissal brought before the Employment Tribunal, awards of damages made to successful claimants generally fall into two categories – a basic award and a compensatory award. The basic award is calculated by reference to a specific formula which is based on the employee’s level of pay, age and number of complete...
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