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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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