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Welcome to the Summer edition of the Lawletter.
This edition features articles on the recent developments relating to Excluding and Limiting Liability, how the recession has affected Estate Administration, the latest swing towards pre-nuptial agreements, new regulations regarding batteries and the perils of accepting payments in “full and final settlement”.
We also feature articles from our other publications which can be found below.
I am proud to announce 3 well deserved promotions here at Aaron & Partners. Claire Brook has been promoted to Partner in our Employment team, whilst fellow team member Helen Kidd is promoted to Associate. In Litigation Adam Kerr has been promoted to Associate also. So congratulations to Claire, Helen and Adam!
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On the note of Congratulations I am proud to announce that Aaron & Partners were triumphant at this year’s annual Arts & Business Cymru awards in Cardiff, winning the award for “Arts, Business and Brand Identity” for their work with Clwyd Theatr Cymru over the last 12 months.
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Andy Duxbury
Chief Executive Officer
The perils of accepting payments in “full and final settlement”
When dealing with disputed debts, a debtor wishing to provoke a swift and favorable settlement, may tender a cheque to a creditor for a lesser sum than the actual debt knowing that a contribution, even if only in part payment of a larger debt, is likely to be seized upon by the creditor and banked in the belief that the balance of the debt can be chased at a later stage in time.
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Loss Relief
Since the slow down in the economy the way we administer estates and the issues which are of concern to executors, beneficiaries and their advisors have changed. One important issue for an executor and those advising executors is ensuring that the correct amount of inheritance tax (IHT) is paid.
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Batteries – Regulations in Force
The Batteries and Accumulators (Placing on the Market) Regulations 2008 came into force on 26 September 2008.
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Excluding and Limiting Liability – Recent Developments
A recent High Court decision is set to have a significant impact on the interpretation and drafting of exclusion clauses contained in commercial contracts.
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Pendulum Swings In The Direction Of Prenups!
Pre-nuptial agreements are not binding in the law of England and Wales.
Historically they have been considered to undermine the concept of marriage as a life-long union and frowned upon for attempting to fetter the court’s wide discretion when dealing with finances between divorcing couples.
However. a shift in recent years towards placing more weight upon pre-nups culminated earlier this month in the widely publicised case of Radmacher v Granatino, when the Court of Appeal reversed the earlier decision of a lower court to disregard a pre-nup.
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From the Lawdrive
From the Lawdrive (our logistics focused e-newsletter) we have:
First Corporate Manslaughter charge under the Corporate Manslaughter and Corporate Homicide Act 2007
A Gloucestershire geotechnical firm, Cotswold Geotechnical Holdings Ltd, has become the first organisation to be charged with the new criminal offence of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007 in relation to the death of Alexander Wright on 5 September 2008.
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From the Planning Newsflash
From the Planning Newsflash (covering everything Planning, Property & Environmental related) we have:
News from Wales
In Wales, national planning powers are devolved to the National Assembly and Government. As a result, planning law and procedure in Wales are increasingly starting to differ from the position in England.
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From The Tribunal
From The Tribunal (covering Employment Law) we have:
Barclays Worker Keeps Double Pay Packet
A part-time bank worker who has been wrongly paid double her salary ever since her employer was taken over by Barclays almost 3 years ago has won the legal battle to keep her bigger pay packet. Mother of two, Natasha Keenan has, over the 3 years since Barclays took over the bank she worked at, received a £20,000 overpayment following an administrative error.
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Zulu dancers make dazzling return to Chester Zoo
Red hot dance routines of Zulu warriors will ensure the promised summer heatwave is a sure fire sizzler at Chester Zoo.
The Mighty Zulu Nation Theatre Company will be back as part of a packed programme of events throughout August.
It follows their crowd-pulling successes of the last two years when visitors delighted in their dazzling dance shows.
The troupe’s stamina-sapping moves are a big hit with all ages. Dressed in vibrant costumes, carrying shields and spears, they sing harmonies and perform traditional ceremonial dances to rhythmic drum beats. Their routines are rooted in the tribal cultures of the Kwa Zulu Natal in South Africa.
Now one of the biggest names on the international dance circuit, The Mighty Zulu Nation have performed for the Queen, Nelson Mandela and Archbishop Desmond Tutu, as well as touring the world impressing audiences with dynamic routines.
Chester Zoo’s Head of Visitor Services, Lynne Walker, said: “This will be their third visit to the zoo and they’re back by public demand. People just love their high energy performances. They’re bound to be a highlight of our summer calendar.”
The Zulu dancers will perform every Thursday, Friday, Saturday and Sunday in August.
For more information visit the zoo’s website www.chesterzoo.org or call 01244 380280.
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