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Welcome to our March Ewire

We like to keep you up to date with ideas and information that will help you gain the maximum advantage from working with us.

Our Ewires will be sent to you regularly to keep you in touch with the latest legal news and we hope you will find these bulletins interesting.

In this edition, we look at dispute resolution ahead of major reforms to litigation practice and costs recovery which come into force on 1 April.

We also examine the issues raised when one party pulls out of a contract, highlight the signs to look out for when a business is in trouble, and consider the impact of civil partnership legislation on pension benefits. We also throw the spotlight on family law matters, including prenuptial agreements and the implications of removing a child from a country.

Finally, the ongoing horsemeat scandal will have led to many of the businesses involved carrying out investigations into what happened – but to what extent will their findings have to be disclosed in the event of any ensuing litigation?

If you would like further information on any of the issues reported here, please contact us.

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Problems are there to be solved

With major reforms to litigation practice and costs recovery due to come into force on 1 April 2013, Managing Partner John Abbott, who heads Head of the Dispute Resolution department, outlines the dispute resolution services offered by Silverman Sherliker LLP and the funding arrangements available to meet these changes.

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Pulling out of the deal: what happens when someone decides not to proceed?

With a deteriorating economic climate, lawyers are being faced with such questions more and more frequently. Commercial Partner Jonathan Silverman explains how he advises businesses in this situation. 

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Spotting the first signs of trouble

Over recent times, the high street has witnessed the failure of major brands such as HMV, JJB Sports, Jessops, La Senza and Blockbusters, all of which went into administration leaving some creditors with little or no prospect of recovery of debts. In these unstable economic times, it is essential to spot the ‘warning signs’ of a business in financial difficulty – which may mean the difference between being paid or not. Corporate Partner Adam Powell and Trainee Solicitor Alban Radivojevic highlight the warning signs.

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All are equal... but some may be more equal than others

 As the dust begins to settle over the Parliamentary debates regarding the possibility of same-sex marriage, an interesting case was taking place in the Employment Tribunal which is not entirely unconnected to the topic. It concerned the implementation of the civil partnership legislation back in 2005 and the impact on pension benefits. Pensions Partner Jennie Kreser sets the scene.

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Family Law I: Prenuptial Agreements Consider Your Options

With 42% of marriages ending in divorce, as recorded in December 2012 by the Office for National Statistics, there is no doubt that more and more couples are considering prenuptial agreements before tying the knot. The significance of the economic downturn has also made people more conscious about the status of their finances. When it comes to divorce settlements, it is inevitable that each party is likely to want to retain as much property as possible in particular if they have had inheritances or there is a Family Run Business. Family Law Partner Stala Charalambous explains the details.

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Family Law II: Further updates to the principles of international relocation of children

In the October 2012 issue of Ewire, Family Law Solicitor Anna Stanworth described the current approach of courts in England and Wales when one parent decides to relocate the children to a different country. Since writing the article, new cases have been published concerning this complicated area of law, which Anna now summarises below, in order to update Ewire readers. 

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The horsemeat scandal and a duty to disclose

The impact of the high profile horsemeat scandal will have serious consequences for many of the businesses involved. Many will be undertaking investigations or commissioning reports. Lina Isaac, Trainee of the Dispute Resolution Department, considers to what extent such investigations or reports may have to be disclosed in any ensuing litigation.

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Silverman Sherliker raises 200 for Comic Relief appeal

The team at Silverman Sherliker sold cakes and either dressed down or wore red in exchange for donations to the BBC’s Comic Relief appeal on 15 March. The event, organised by Trademark Executive Aman Gata-Aura, raised just under £200.

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What’s on your Mind?

Is there any particular topic or area of law (business, private client or family matters) that you would like to see us focus on in a future edition of Ewire?

Please contact the Editor, Robert MacGinn, with your requests and suggestions on rm@silvermansherliker.co.uk.


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