LEGAL NEWS. August 2018

September 26, 2018 d0wnt0nlaw

Debt Recovery

Since October of 2017, claims brought against individuals (whether in their private capacity or in their business capacity as sole traders) must be preceded by a pre-action protocol debt letter. The letter has to contain certain information, provide certain documentation and give the individual at least 30 days to respond. Failure to serve such a letter may result in any costs and court fees being disallowed at a later date. Any proceedings issued may also be stayed. Our standard letter before action to individuals can be despatched for £25.00 + VAT, (£10.00 + VAT where the debtor is not an individual).

 

Debt Recovery again

We offer a debt recovery service to our business clients. Undefended debt recovery is carried out at a fixed cost, details of which are available on request.

 

Disability Discrimination

The Court of Appeal has held that where an employer assumes or expects that an employee who is disabled will work long hours, this might cause the duty to make reasonable adjustments to be triggered under the Equality Act. In other words, this is an aspect of the employee’s employment which an employer will now have to consider carefully.

 

Tribunal Procedure

During the course of a tribunal hearing, whilst witnesses are still under oath, witnesses should not discuss their evidence with any other person during any period of adjournment. A claimant chose to discuss their case with a journalist during an adjournment and whilst under oath and as a result, the claim was struck out. Similar penalties might well apply to an employer who breaks the embargo.

 

 

N.B. These notes are for guidance only and further advice should be sought before undertaking any action so that the full consequences can be considered.