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Civil way: 19 July 2013

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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