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A B C D E F G H I J K L M N O P R S T V W Y

Blogs

All too often, dental practice owners take a view that, provided they have money in the bank at the end of the month, they don’t need to worry about their business. With increased clinical pressures such a view is understandable. Nobody describes being a dentist as easy. However, taking a step back can reap significant reward, in terms of profitability, better work/life balance, patient satisfaction (and retention) and even clinical results.

The Court of Justice for the European Union (CJEU) has handed down its widely anticipated judgment in the case of Achbita v G4S Secure Solutions.

The Supreme Court has today handed down its long awaited landmark judgment in the case of Ilott v. The Blue Cross & others.

This is the first ever case to reach the UK’s highest court on this question. The appeal was heard by 7 members of the Supreme Court who reached a unanimous decision.

The case concerned claims for provision for maintenance from an estate under the Inheritance (Provision for Family and Dependants) Act 1975 where no provision or possibly inadequate provision was made by a will or by the effect of the intestacy rules.

According to recent research the use of litigation funding has grown more than 25% in the last year from £575m in 2015, to £723m in 2016. These figures are based on the balance sheets of the twenty largest independent litigation funders, whose businesses revolve around paying towards the legal costs for parties in litigation in exchange for a share of any damages recovered.

In recent years, the length of time between the buyer making an offer for a dental practice, and them actually taking over has increased. There has been much talk amongst professionals assisting in these transactions as to how these timescales can be reduced and Brabners has produced and implemented strategies to ensure that we can meet the timescales required by our clients. However, there are often forces which act beyond the control of either the lawyers or the parties to the transaction.

The Unitary Patent Court Preparatory Committee (UPC PC) has recently estimated that the Unitary Patent Court will be fully operational by 01 December 2017.

The European Union (EU) has been working for over 40 years to establish a common patent court – the Unitary Patent Court (UPC).  The Agreement to establish this court was signed in 2013, but will only enter into force once 13 of the 25 participating member states have ratified it, including France, Germany and UK.

In Stratford v Auto Trail VR Ltd, the EAT considered whether an employer taking account of a history of expired warnings meant that the employee’s dismissal was unfair.

Facts

Mr Stratford started work for Auto Trail VR Ltd (“Auto Trail”) in November 2001. Mr Stratford had a poor disciplinary record with 17 occasions on which Auto Trail had taken formal action against him, although there were no live warnings on his file at the time of the events that ultimately led to his dismissal.

The Government has published its response to the consultation released on 18th February 2016. The paper requested responses to the proposed plans to reform the fee structure when applying for a Grant of Probate. The fee proposals also apply to Grants of Letters of Administration. 

Trustees have an expectation that legal costs they incur will be indemnified from the trust.  That expectation must be balanced with their duties to act in accordance with the interests of the trust’s beneficiaries.

Are other claims that were not pursued relevant to the value of reasonable financial provision claims?

Laurel Roberts and Francesca Milbour, the step-daughter and niece of Pauline Milbour have brought proceedings against her estate of approximately £25 million claiming reasonable financial provision.

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