Chambers Blog

Boundary disputes can turn into some of the most acrimonious civil cases to come before the county courts. Often the point in dispute will have relatively little financial value, with the parties becoming entrenched and fighting for the "principle" of the case. Typically, disputes concern the position of a fence or hedge, or car parking problems. Rights of way and noise nuisance also feature strongly as complaints. Funding is not generally available for neighbour disputes form the Legal Services Commission (civil legal aid) but may be available on a house insurance policy. Many solicitors will not undertake boundary dispute cases on a "no win no fee" basis, since such cases do not usually include a claim for damages. Very often, one or both of the parties is left to fund the case privately or represent themselves. In these circumstances, an accredited barrister can provide cost effective advice, advocacy and help with documents under the Direct Access scheme.

 Written by Ian Jones, Barrister at New Walk Chambers, Specialising in Direct Access work, including Boundary Disputes.

  As the recession looms there will be many employers wishing to relieve themselves of staff to save costs. Many will prefer their employees to leave voluntarily and to sign compromise agreements. These when properly made lawfully prevent employees going to employment tribunals to  contest the circumstances of their leaving. Employers will sweeten the pill by agreeing to pay and ex-gratia lump sum. Barristers through the direct access scheme are amongst qualified lawyers who are allowed to sign these agreements to make them lawful as preventing employees from going to employment tribunals.

In case an employee has in fact been guilty of some behaviour which would otherwise have entitled the employer to dismiss, prudent employers can include a clause or warranty to the effect that the money payable under the compromise agreement will not in fact be paid if it is discovered that indeed the employee has been guilty of something which would have given the employer the right to dismiss. Such a clause can be termed a warranty along these lines, the employee agreeing as follows:

"You warrant as a strict condition of this agreement that there are no circumstances of which you are aware or of which you ought reasonably to be aware which would constitute a repudiatory breach on your part of your contract of employment which would entitle or have entitled the company to terminate your employment without notice."

In Collidge v Freeport plc [2008] IRLR 697 an employee was found to have been guilty of financial impropriety prior to a payment of £445k, under a compromise agreement and so no payment was made by the employer. The Court of Appeal upheld the judge's unsurprising finding that such a clause was a condition precedent for payment under the compromise agreement and the employer did not have to make the payment. Mr C's warranty was a condition, a sina qua non, of the employer's obligations to pay. The warranty was a pre-condition of the employers liability to perform its obligations under the contract.

Writen by Robert Rees, Barrister at New Walk Chambers, specialising in direct access, employment law and compromise agreements.

On the 24th October Miss Fitton-Brown completed a direct-access courst and will soon be able to take instructions direct from clients in certain family law cases and in civil law.

Compromise agreements between employer and employee can be a means under which employer and employee can part company amicably. For example in a redundancy, the employee can achieve an   enhanced lump sum on leaving the employment and the employer by virtue of the agreement can be assured that he will not face a claim in the employment tribunal.

However to be valid the compromise agreement must be handled and certified by a qualified person. Barristers hold such qualification and under Direct Public Access are able to advise the employee concerned. Compromise agreements are thus important pieces of work which the employment team in Chambers carry out.

A member of the team Robert Rees has recently advised and certified a number of compromise agreements for employees under the Direct Public Access. In one case he was contacted on a Friday, saw the client on the Saturday, and the certified compromise agreement was immediately in the post.

The Direct Access team as well as having the necessary skill to advise on compromise agreements are able to advise on them with minimal delay.

Visit a new employment Direct Public Access website of Robert Rees:

employmentlaw.uk.com

 

By Robert Rees, part of Chambers employment law team. Certified to carry out work.

School appeals don't always go in the parents' favour.  One of our direct access barristers, Ian Jones, has recently received several requests for advice from parents who have represented themselves and lost their appeal.  Generally, the decision of the independent appeal panel is final and binding on parents and schools alike.  Only in rare circumstances can the result be set aside, either after pursuing a complaint to the Local Government Ombudsman or by an application for judicial review.  Otherwise, seeking legal advice after the hearing will be too late.

 

Ian Jones, direct access barrister specialising in school appeals and education law.