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18 July 2013
Issue: 7569 / Categories: Features , Civil way
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Civil way: 19 July 2013

Without prejudice, legislative obit, mum's the word & child support facelift

Without prejudice within job

Pre-termination negotiations between employer and employee on or after 29 July 2013 are rendered inadmissible on a subsequent complaint by s 14 of the Enterprise and Regulatory Reform Act 2013 which is brought into force by commencement order SI 2013/1648. This will not apply where the employee claims to have been dismissed for an automatically unfair reason and will only apply to the extent considered just if either side has behaved improperly in making or negotiating an offer. An offer made with the right reserved to refer to it in connection with costs will be admissible on costs. Compromise agreements, compromise contracts and compromises are renamed settlement agreements, settlement contracts and settlements. A new code of practice on settlement agreements is introduced on 29 July 2013 by the Employment Code of Practice (Settlement Agreements) Order 2013 (SI 2013/1665).

In memorium

The Property Misdescriptions Act 1991 will pass away on 1 October 2013. The Property Misdescriptions Act 1991 (Repeal)

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MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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