Legal

Legal topics

What Makes a Good Lawyer an Expert?

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What makes a Good Lawyer an Expert?

THE MODERN EXPERT LAWYER: FROM COMPETENCE TO AUTHORITY Jurisdiction: England & Wales Focus: Legal Strategy, Argument Construction, and Resource Utilisation 1. Executive Summary: The Architect of Strategy In the modern legal landscape of England and Wales, “competence” is merely the entry ticket. The Statement of Solicitor Competence (SRA) mandates that we identify legal principles and … Read more

The Employment Rights Bill: Transformative Changes for Workers and Employers

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The Employment Rights Bill, which passed its final parliamentary hurdle in December 2025 and received Royal Assent on the 18th. The new Act represents the most significant overhaul of UK employment law in a generation. Once implemented, this legislation will fundamentally reshape the relationship between employers and workers across England, Scotland, and Wales, introducing sweeping … Read more

Bad Behaviour in Classrooms

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Based on the text in the image taken from the Sunday Times and current government announcements from late 2025, here is the breakdown regarding the White Paper and Ofsted’s findings on behaviour. Has a “Bad Behaviour” White Paper been produced? Not yet. While the newspaper clipping mentions a White Paper coming “this autumn” (Autumn 2025), … Read more

Harm as defined by the Children’s Act (as amended)

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Reported cases on Harm Section 31(9) of the Children Act 1989, as amended by the Adoption and Children Act 2002, defines harm as: “Ill-treatment or impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another.” ” Based on my comprehensive research, I can now provide you with detailed reported … Read more

Law Relating to Employment Investigations

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In British Home Stores Ltd v Burchell  ICR 303 remains the cornerstone authority for assessing the fairness of misconduct dismissals in England and Wales, despite being decided over 45 years ago. The “Burchell test” establishes a three-stage framework that Employment Tribunals must apply when determining whether an employer acted reasonably in dismissing an employee for … Read more

Employee Rights at State Pension Age

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Employee Rights

Employee Rights at State Pension Age: Comprehensive Protection from Forced Retirement and Age Discrimination The fundamental legal position is clear: you cannot be forced to retire simply because you reach state pension age in the UK. Since the abolition of the Default Retirement Age in October 2011, the law provides robust protection against age discrimination … Read more

CFA Success Fees are Excluded from Awards

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Supreme Court Ruling in Hirachand v Hirachand: Success Fees Under Conditional Fee Agreements Excluded from Awards The Supreme Court has delivered a landmark judgment in the case of *Hirachand v Hirachand & Another*, clarifying the treatment of success fees under Conditional Fee Agreements (CFAs) in inheritance claims brought under the Inheritance (Provision for Family and … Read more

Significant UK Age Discrimination Cases Reported in 2024

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 UK Age Discrimination Cases from Harassment to Commissioner to Protect Older Worker’s Rights, reported in 2024 Age UK ordered to pay £4,000 after losing age-related harassment case – Age UK was fined for harassing an older worker during a job application process, resulting in a £4,000 compensation for injury to feelings. Age UK fined £4,000 … Read more

Inadequate Behaviour Support in UK Schools 

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Cases and Reports:  A report by the Education Select Committee highlighted that mental health support for children struggling to attend school is “grossly inadequate”. The number of children absent from school has more than doubled since the pandemic3.  Ofsted published a report at the end of the school year looking at the well-being of teachers. … Read more

Some Significant Age Discrimination Cases Reported in 2023

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Here are some of the most significant age discrimination cases reported in the UK in 2023: Eileen Jolly vs. Reading’s Royal Berkshire Hospital1: An 89-year-old NHS secretary, Eileen Jolly, became the oldest person in the UK to win an age discrimination claim. Her superiors at Reading’s Royal Berkshire Hospital fired her, claiming that she was … Read more

Govt. to ban mobile phones use by student’s in lessons & breaks

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mobile phone ban

The government has recently announced (19th February 2024) a new policy that will prohibit the use of mobile phones by students during lessons and breaks. This decision aims to create a more focused learning environment and promote face-to-face interactions among students. By implementing this ban, the government hopes to enhance academic performance and reduce distractions … Read more

Retail worker sacked for Smoking

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Employers have to be extra careful when dismissing employees. Even if employees have committed acts of gross misconduct, dismissing them may be unreasonable. An Employment Tribunal (ET) made this remark in a case where a store supervisor was sacked for smoking on company premises. The woman worked for a national retail chain which took a … Read more

The Implications of Harpur Trust v Brazel for Schools and Academy Trusts

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Harpur Trust v Brazel  Earlier this year, the Education and Skills Funding Agency (ESFA) released a guide that outlined the requirements for school and academy trusts to deal with complaints. The guide contained a case study based on the recent case of Harpur Trust v Brazel, which provides an interesting background to the issue and … Read more

Teaching in the UK

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As a teacher, you have a number of rights and responsibilities. You have the right to instruct and punish, to give consequences or withhold privileges. This is known as coercive authority. It implies that you have a right to impose consequences on those who cross the line. Teaching in the UK Teaching in the UK … Read more

National Minimum Wage and Sick Pay

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National Minimum Wage – Current rates These rates are for the National Living Wage and the National Minimum Wage. The rates change every April. Year 25 and over 21 to 24 18 to 20 Under 18 Apprentice April 2019 (current rate) £8.21 £7.70 £6.15 £4.35 £3.90 April 2020 £8.72 £8.20 £6.45 £4.55 £4.15 Coronavirus and … Read more

CORONAVIRUS AND CONTRACTS: FORCE MAJEURE

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The outbreak of coronavirus (also known as COVID-19) is having a significant impact on the ability of businesses to perform their contracts. As of 03 March 2020 there have been 2809 cases reported and 56 deaths. It is very likely to get much worse in the UK before it gets better. Businesses have to be … Read more

Zero Hours or Contracts with No Guaranteed Hours of Work

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Zero hour contracts

A zero hour contract  is just as it sounds, a contract with zero hours or to put it another way, a contract with no guaranteed hours of work. In other words workers are not guaranteed any hours of work whatsoever from an employer/agency. Zero hour contracts are widely used in many sectors including the public … Read more

Professional Negligence with Wills, Tax and Probate

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Delay in preparing Will

The starting point is the House of Lords’ decision in White v Jones [1995] 2 AC 207 in which it was confirmed that that a solicitor or will draftsman may be liable to disappointed beneficiaries under a Will where the solicitor is guilty of undue delay in drawing up a Will for execution by the testator before the testator’s death.

In White v Jones the testator quarrelled with his two daughters, and executed a Will cutting them out of his estate. He was then reconciled with his daughters. On 17 July 1986 the defendant firm of solicitors received a letter from the testator asking them to prepare a new Will to

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The law on mistake

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Smith v Stanley [2019] 2 WLUK 174 has several points of interest. Reported mainly because the court intervened to correct the mistakes made, it is the mistakes themselves that are worth attention as they were easily made but carried serious consequences.

A testator died in 2015 leaving a pecuniary legacy of £4.2m to be held on trust for the benefit of his second wife for life, remainder to his children;

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Researching how to report to a Regulator is protected

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whistleblower protection
whistleblower protection
researching how to report to a regulator

The case of Bilsbrough -v- Berry Marketing Services [2018] involved an employee who researched how to blow the whistle. The Tribunal confirmed that because the employee was researching how to report to a regulator he can rely on the same legal protections as actual whistleblower’s.

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UpSkirting Now a Criminal Offence

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The Voyeurism (Offences) Act 2019 received Royal Assent amends the Sexual Offences Act 2003  Voyeurism and upskirting now a criminal office. Until now offenders could only be prosecuted for voyeurism or outraging public decency. But voyeurism only applies to filming in “private” while outraging public decency usually requires a witness – and upskirting often goes … Read more

Upcoming Posts in the coming months

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1. Practice guidance for Lawyers seeking apppointment as accredited Legal Representatives in the Court of Protection/ 2. Dependant claims by Testator’s adult children – Nahajec v Fowle [2017] 3. Unmarried partners – property rights – Lewis (as Executrix of the Estate of Blackwell, deceased) v Warner [2017] 4. Court of Protection – Protection of Trust … Read more

Cost of Death Certificates Rises

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A three-fold rise in the cost of a death certificate could result in solicitors being unable to administer some estates, lawyers have warned. The General Register Office this month increased the cost of obtaining a certificate online from £4 to £11.

Charlotte Pritchard, a member of the private wealth team at national firm BLM, told the Gazette it is not unusual for families to require between 10-20 death certificates in order to administer an estate. She warned that where solicitors are appointed payment may need to be initially funded by the firm; particularly if no family members are able to find the up-front cash.

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Google must delete links to articles in “Right to be Forgotten” case

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Google was ordered to take down links to articles about the historic criminal convictions of a businessman.

Two businessmen (NT1 & NT2) convicted of criminal offences many years ago brought claims made under Data Protection law and the English law tort of misuse of private information, for the “right to be forgotten” or, more accurately, the right to have personal information “delisted” or “deindexed” by providers of internet search engines (“ISEs”)

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Careless talk costs careers

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The recently published judgment in Forz Khan v Bar Standards Board provides insight into the professional consequences of careless talk and use of LinkedIn. It comes hot on the heels of an SDT judgment in Deborah Daniels who was prosecuted by SRA for making a series of Tweets that were offensive and which expressed hostility towards Islam, Catholicism and Judaism.

The two are completely unconnected but yet again lawyers have been professionally sanctioned for inappropriate communications. The only real surprise is that despite clear professional obligations that have been around for quite some time, they took place.

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SRA – new focus on “principles” not “rules”

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The SRA is focussing on ‘principles’ and ‘professional judgement’ as opposed to ‘rules’ A principle based system is more uncertain than fixed rules and therefore it is more important to legal practices to have a set of recorded systems and controls in place that are applied consistently across the firm. The rules are clear particularly … Read more

Data Processors and the General Data Protection Regulation (GDPR)

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Data Protection
Whether you are a Data Controller or a Data Processor you have responsibilities under the General Data Protection Regulation (GDPR). A controller determines the purposes and means of processing personal data, whereas a processor is responsible for processing personal data on behalf of a controller and you are required to maintain records of personal data and processing activities.

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Data Protection and Subject Access Requests

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subject access requests - data protection

An increasing number of subject access requests have been made under the Data Protection Act 1998.

Subject access requests are used as tactical ploys as a way of putting pressure on the other side to disclose documents that would not otherwise be disclosable in litigation. Several cases have been

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Court of Protection Guidance on vulnerable persons

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Mr Justice Charles has released practical guidance in order to provide helpful suggestions as to how practitioners might consider enhancing the participation of P (vulnerable persons) in proceedings in the Court of Protection. Whilst this guidance is primarily directed towards health and welfare cases in the Court, it is also likely to be of assistance … Read more

Pre-action Discovery Protocol

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Pre-action discovery

The Court of Appeal (CA) has decided that protocol for Pre-action discovery is covered under the fixed cost regime. Costs will therefore normally be limited to the fixed rates – Sharp v Leeds CC [2017] EWCA Civ 33

This case involved Miss Sharp , the Claimant (C) who tripped on a footpath and injured her wrist. She brought a claim against Leeds City Council ,the Defendant’s (D) through the Portal under the Employer’s Liability / Public Liability Protocol.

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Dress code-religious and political

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dress code- religious and political

In the case of Achbita v G4S [2017] (CJEU, C-157/15), the ECJ has given guidance on the extent to which dress codes (whether formal or informal) can be imposed on those who want to wear religious or political signs. The guidance is that it will be potentially indirect discrimination unless the employer can objectively justify the dress code. … Read more

This site provides general information about the law of England and Wales. It is not legal advice and does not create a solicitor–client relationship. The law changes, and how it applies depends on the facts of your situation. Take advice from a qualified solicitor before acting on anything you read here.