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Legal Alert updates on case law

A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

We also have a month-by-month archive of Legal Alert issues.

Case law: Court orders parents to deliver on promise to leave farm and farming business to son

Atom Content Marketing September 2019

Property owners such as farmers should take care when making informal promises to a family member (or anyone else) that they will inherit land or any interest in the land or a family business, otherwise they may be liable to deliver on that promise because the person relied upon it to their detriment, as another farming dispute makes clear.

Case law: Family and dependents claiming from a deceased’s estate can rely on ‘standstill’ agreements to explain late filing of claim

Atom Content Marketing September 2019

Family and dependents wishing to claim ‘reasonable financial provision’ from a deceased estate may be able to file their claim after expiry of the statutory six month time limit for such claims, as the Court of Appeal has overturned a decision that they can no longer rely on a ‘standstill’ agreement to justify their delay.

Case law: Employer’s assumption that employee may be disabled in the future can be unlawful ‘perceived disability discrimination’

Atom Content Marketing August 2019

Employers dealing with an employee who has a potentially progressive impairment which has no substantial adverse effect on their ability to carry out day-to-day activities, should ensure they do not discriminate against them by assuming the impairment is likely to develop in the future so that it does have such an effect, as this may amount to disability discrimination by perception.

Legal Alert - August 2019

Atom Content Marketing August 2019

A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

Case law: High Court gives guidance on ‘de facto’ directors

Atom Content Marketing August 2019

Limited companies will welcome guidance on how to determine whether they have ‘de facto’ directors – those not formally appointed as directors but treated by a court as having fiduciary and other duties to the company as if they had been formally appointed because they have behaved as if they were full directors – following a recent High Court ruling.

Case law: An unenforceable restriction in an ex-employee’s contract can be ‘severable’ so other restrictions still apply

Atom Content Marketing August 2019

Employers will welcome a ruling that a restriction in a clause in an ex-employee’s employment contract, stopping her from being ‘interested in’ any competitor business and which was too wide to be enforceable, could be ‘severed’ from the other restrictions in the clause, so those other restrictions remained enforceable against her.

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Disclaimer: These publications from Atom Content Marketing are for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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