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We continue to be available to support you during these challenging times. Please find below our latest posts and articles relating to the Coronavirus and business and personal issues. Resources for Individuals Family Courts and Covid-19 Separated Parents and Covid-19 Writing a Will During the Coronavirus Outbreak Moving House During COVID-19 Outbreak – Government Guidance How Could Covid-19 Affect my Sale and Purchase? Covid-19 and Litigation Covid-19 Mediation as an Alternative to Court Proceedings Resources for Businesses The Coronavirus Job Retention Scheme and Furlough: An Update Working with Coronavirus – Update for Employers What to do if you are Experiencing Business Interruption due to the Coronavirus Personal Guarantee Advice Do I need to Close My Business or Premises? COVID-19 – Company Accounts Filing Extension Covid-19 and Contractual Obligations Changes to Insolvency Law due to the Coronavirus Crisis Covid-19 – Issues for Landlords and Tenants of Commercial Property Covid-19 and Litigation Covid-19 Mediation as an Alternative to Court Proceedings Covid-19 A Guide for Dental Practices Covid-19 Suspension of voluntary strike-off process by Companies Proceed with caution: some issues for businesses returning to work The Continuing Impact of Covid-19 on Possession Proceedings Please do not hesitate to contact us if you have
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Earlier this year, Sir Geoffrey Vos, Master of the Rolls, said “Alternative Dispute Resolution (ADR) should really be renamed as “Dispute Resolution” since it is not alternative at all.” Following the case of Halsey v Milton Keynes General NMS Trust[2004] EWCA Civ 576 the court has become ever more bullish in seeking to force parties down the ADR route, but this has, until now fallen short of compulsory mediation. ADR has over a number of years found favour by the court, not least because of the growing pressure on our court system, compounded by the pandemic and cutbacks. Cost sanctions have long been imposed on parties who have unreasonably refused to mediate and a successful party at trial could be denied part or all of their costs if they had unreasonably refused an invitation to mediate. The Court of Appeal extended the concept of refusing to mediate to encompass not replying to an invitation to mediate. After this speech, the Civil Mediation Council (CMC) published its response to the Civil Justice Council’s (CJC) report on the lawfulness of compulsory ADR. The CJC’s report had concluded that compulsory ADR is compatible with Article 6 of the European Convention on Human Rights,
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The world converged on Glasgow recently to discuss climate change and the various pledges being made in order to protect the planet. Whilst the environment clearly affects us all, what do any of these discussions mean for climate change for small and medium businesses (SMEs) here in Essex? Decisions made at COP26 will have an impact on SMEs, even though they are barely represented in the discussions. What is expected of SMEs? The Department of Business, Energy and Industrial Strategy (BEIS) has been encouraging SMEs to look at their environmental impact. Essex businesses could do some of the following to help with climate change: Pledge to reduce their environmental impact Increase sustainability Cut carbon emissions BEIS has asked businesses of up to 250 employees to join the UK Business Climate Hub to commit to reduce carbon emissions by 50% by 2030 and to reach “net-zero” by 2050. The UK is in fact the first major economy to legislate that this target will be attained. The Federation of Small Businesses (FSB) has published a report on climate change and SMEs. It is estimated that UK SMEs account for almost a third of all UK greenhouse gas emissions. What is clear is
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A recent decision handed down by the Court of Appeal has some interesting ramifications for potential Claimants bringing a claim under the Inheritance (Provision for Family and Dependents) Act 1975 (“1975 Act”) and those who seek to fund their potential case on a “No Win No Fee” basis i.e. subject to a CFA. A copy of the judgment of Hirachand v Hirachand [2021] EWCA Civ 1498 can be read here. The case related to a claim made by the Deceased’s adult estranged daughter seeking reasonable financial provision for her maintenance. The Deceased’s wife was the sole beneficiary of his Estate. The Court was satisfied that the disposition of the Deceased’s Estate as prescribed by his will did not make reasonable financial provision for his daughter’s maintenance and awarded the sum of £138,918.00 out of the Estate to be paid to the daughter. An appeal was brought on two grounds: Whether the trial had been conducted fairly as the Deceased’s wife (who had been debarred from defending due to previous procedural breaches) who was profoundly deaf, 87 years old and was only present remotely with the assistance of her care home worker Whether the inclusion of the sum of £16,750 as
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On Sunday 10th October Emma Cherry, Legal Secretary in the Wills and Estates team at Thompson Smith and Puxon, put on her walking shoes and took part in the Memory Walk in aid of the Alzheimer’s Society. The event was organised by the Alzheimer’s Society and sees hundreds of people taking part in the 6km walk around Hylands Park, Chelmsford with all sponsorship raised going towards the charity. Emma took part in the walk in memory of her father-in-law who sadly passed away recently. Thompson Smith and Puxon were pleased to support Emma in her fundraising. Emma has raised a fantastic £480, congratulations Emma! Alzheimer’s Society is the UK’s leading dementia charity. They aim to create a society where those affected by dementia are supported and accepted, and able to live in their community without fear or prejudice. More information can be found here.
Thompson Smith and Puxon is pleased to announce the appointment of Hasina Choudhury as a Senior Associate Solicitor joining the Clinical Negligence and Personal Injury team. Hasina advises clients on all aspects of their Clinical Negligence claims. She has worked on a number of high value cases involving spinal injury, brain injury and wrongful birth. She also has a particular interest in cases concerning obstetrics and gynaecology, general surgery, orthopaedic, cardiology and fatal accident involving complex cases for financial dependency. Hasina also works with Steve Webb representing claimants with personal injury claims. Hasina, who has been a Clinical Negligence Solicitor for 15 years, completed her degree in Law and Psychology at Anglia Ruskin University before going on to complete her LPC at the College of Law in 2003. Steve Webb who leads the TSP Clinical Negligence and Personal Injury teams said ‘I would like to welcome Hasina to Thompson Smith and Puxon. The addition of Hasina’s wealth of experience and expertise will be a huge asset to the team. I wish her every success in her new role with us.’ Hasina says “I am delighted to be joining the TSP Clinical Negligence Team. I understand that taking legal action can
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