Some legal aid stats

Posted in Uncategorized on April 20th, 2011 by admin

Legal aid has always been a controversial and political topic. On one side of the argument, without legal aid, particularly for areas such as family law, access to justice would be denied to many and the implications for families and children may be severe. On the other hand, legal aid is expensive and some argue that clients and lawyers “milk” the system. One things is clear, this present government are commited to slashing the availability for legal aid.

How much is spent on family law legal aid currently ?

Recently published data suggests that some £645 million was spent on legal aid cases relating to family breakdown issues last year.

Which law firms received the most costs from legal aid cases ?

Acoording to data from 2008/2009 the top 10 firms undertaking legal aid work received a total income from it of some £45million. The most prominent of these firms were Duncan Lewis & Co, number 1 on the list at just under £10 million of fee income and number 10 on the list recieved some £2.6 million.

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Will disputes, families & Elizabeth Taylor

Posted in Uncategorized on April 10th, 2011 by admin

Elizabeth Taylor’s will – inevitable legal wrangles

No sooner do we lose another great icon of the entertainment industry, the wrangles and fights begin over the assets. In an all too familiar scenario, played out not only on high value estates but also commonly with family disputes, the late Dame Taylor’s family are reportedly arguing over the estate.

It seems, according to US reports, that Dame Taylor’s family may be aggrieved that her personal  manager, Jason Winters, may be the administrator of her will. It is rumoured that Dame Elizabeth’s estate may be worth in the region of £370 million, so this could turn out to be a high value, lengthy and bitter dispute, potentially also involving charities, since it is believed that considerable sums have been left to charities.

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Jump or pushed ?

Posted in Uncategorized on April 4th, 2011 by admin

Resignation or dismissal ?

Some employment tribunal cases can involve interesting considerations as to whether an employee resigns or has been dismissed, as matters can often reach an untenable situation in an employment relationship where it is unclear whether someone has “jumped or been pushed”. Ultimately, this is a question of fact in each case.

In the case of Hussey v Photogenic Ltd., the following sequence of events occurred :-

  • The claimant claimed that on 6th June 2008 his boss had criticised his works and told him he ‘could quit now or’…‘quit at the end of the month’. The employer stated that he had said that he had requested a meeting the following week to review the complainant’s position with the company
  • On 9 June 2008, the claimant left a note on his bosses desk claiming that he had been dismissed and seeking a written explanation of the reason, leaving his keys and never returning
  • On 9th June 2008 the employer, upon finding the note and keys, emailed the claimant stating that the claimant had not been dismissed
  • The Claimant then lodged a grievance on 13th June 2008 claiming constructive dismissal and making other allegations. The employer responded by stating that the claimant was no longer considered an employee

The Employment Tribunal found in this case that the employee had resigned on 9th June 2008 and had not been dismissed, and he was not entitled to treat himself as having been constructively dismissed, since at that time, the employer had not committed a fundamental breach of his employment contract.

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