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Constructive dismissal is a complex but crucial area of employment law that every employee and employer should understand. Not least because it is a serious breach of contract under UK law. For employees, knowing their rights is essential to ensure they aren’t forced to resign due to unfair treatment. For employers, understanding constructive dismissal is […]

In legal proceedings, settlement negotiations often involve “without prejudice” communications. This protection ensures any discussions or offers made cannot be used as evidence in court, should the matter proceed to trial. However, a crucial variation of this rule, “without prejudice save as to costs”, can have significant implications on the outcome of litigation, particularly when

Without prejudice is frequently used in legal and professional negotiations. Simply put, it is an official term that shields communications from being used as evidence in court proceedings. Its purpose is to encourage open and honest discussions between parties, without fear that what is said or written will be used against them later. In this

A director’s loan account (DLA) is a record of any money a director either borrows from or lends to the company, separate from salary, bonuses, or dividends. The DLA is an essential part of company accounting, especially for small and medium-sized businesses. When operated correctly, it can help the company and its directors manage liquidity,

For directors managing financially distressed companies, a comprehensive understanding of transactions at an undervalue (TUV) is not just beneficial, but crucial, especially when navigating insolvency. In this guide, we delve into transactions at undervalue, emphasising its definition, examples, potential consequences, and the relevant legal framework, particularly within the context of the Insolvency Act 1986. What

Misfeasance occurs when someone in a position of responsibility (e.g. company directors, officers, or other fiduciaries) carries out their duties in a way that causes harm or loss. While it can have serious consequences, misfeasance is not a criminal offence. Instead of criminal charges, those affected, or the relevant regulatory bodies, can file a civil

What is a contract of employment? A staff employment contract is a legally binding agreement between an employer and an employee. It outlines the terms and conditions of the relationship, including the role, responsibilities, work hours, compensation, benefits, and other working conditions. Why staff employment contracts are essential An employment contract protects both parties by

What is Commercial Arbitration? Commercial arbitration is a method for resolving business disputes. Unlike traditional court litigation, arbitration offers a private, streamlined, and often more efficient way to handle company conflicts. Corporate arbitration can address a wide range of disputes, from breaches of contract to complex financial disagreements. This quick guide explores international commercial arbitration,