BBC MISMANAGEMENT & SETTLEMENT AGREEMENTS

Legal News 14.11.2012 Comments Off

The decision of the BBC Trust to authorise a year’s salary after just 55 days in the post of Director General is a surprising one as both legally and managerially it appears defective. Dealing with hundreds of “settlement agreements” each year here’s our view. THE CONTRACT The starting point whether acting for the employee or…

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WHAT IS GARDEN LEAVE?

Legal News 1.10.2012 Comments Off

This Bennett’s Legal employment law blog examines in detail the provision of a garden leave clause in employee contracts and its impact. Here at Bennett’s Legal we advise our clients frequently on the need to utilise garden leave clauses in their employee’s contracts. Many of our clients underestimate the value of a garden leave provision…

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LESSONS IN BUSINESS AFTER LION STEEL RULING

Legal News 8.8.2012 Comments Off

In this blog we look at the recent prosecution of Lion Steel Limited under the Corporate Manslaughter and Corporate Homicide Act 2007. On the 20th July 2012 the Court dealt with the third company to be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007.   Lion Steel Limited was convicted of Corporate Manslaughter and…

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THE COMMON SENSE APPROACH TO SME GROWTH

Legal News 6.7.2012 Comments Off

At Bennett’s Legal our focus is on the commercial success of business owners and managers. Law is a management tool but other tools are needed. We are delighted to have secured a guest blog from Alan Dring of the Mad Approach Ltd. Alan runs his own sales and marketing consultancy. As many of you will…

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ABUSE OF PROCESS BY SRA

Legal News 29.6.2012 Comments Off

We regularly act for other law firms and professionals before Regulators. In this blog we examine a case we were not involved in which the Solicitors Regulation Authority were deemed to have abused the disciplinary process relating to Solicitors. The case contains a useful guide for regulators and the professionals they regulate. SDT THROWS OUT…

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WE WIN A FITNESS TO PRACTICE HEARING

Legal News 25.6.2012 Comments Off

We recently appeared in an 8 day Fitness to Practice Hearing case before the General Medical Council (GMC) at Manchester (renamed from 11 June 2012 The Medical Practitioner’s Tribunal Service) (MPTS). WHEN IS A CONVICTION, NOT A CONVICTION, FOR EMPLOYMENT PURPOSES? In this case the GMC were pursuing a doctor for failing to disclose a…

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TRIBUNAL LAW, ENGLAND & COLDPLAY

Legal News 25.6.2012 Comments Off

This blog is from Paul Bennett, a Solicitor in Shrewsbury who was born and raised in the Town. Bennett’s Legal Limited gives Commercial and Employment law advice to directors, shareholders and business partners. We advise both employees and employers.  Paul is the founder and Managing Director of a small team of expert Solicitors. SOLICITORS IN…

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JIMMY CAR, TAX AVOIDANCE & IR35

Legal News 25.6.2012 Comments Off

We regularly get asked to comment on media stories but the Jimmy Carr tax story has caught everyone’s attention and raised more questions than most. Jimmy’s actions were lawful but available only because of the wealth available and the long term planning to be undertaken. In the attached article we comment on tax planning for…

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THIRD PARTY RIGHTS

Legal News 7.6.2012 Comments Off

The application of the Contracts (Rights of Third Parties) Act 1999 (1999 Act) is potentially extremely wide; it applies to just about every type of contract, with very limited exceptions. THE IMPORTANCE OF 3RD PARTY RIGHTS In considering the application of the 1999 Act to a particular contract, it is important to: Identify relevant contracts….

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WHY REVIEW EXISTING BUSINESS CONTRACTS?

Legal News 18.5.2012 Comments Off

In an economic downturn a company should leave no stone unturned when considering ways to improve its own financial situation and/or avoid falling victim to the financial difficulties of its business partners. Although it may not be immediately obvious to the commercial client, one such stone may be a legal review of commercial and business…

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