Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Monday 28 November 2011

Legal Expenses Insurance

For some time it has been quite clear that legal expense insurers cannot restrict an insured’s right to choose his own solicitor, but that does not mean that the solicitor can necessarily charge his normal hourly rate.

In Brown-Quinn v Equity Syndicate Management the Judge held that whilst a solicitor may not be able to charge his normal hourly rate, the insurer cannot insist that he receives only its panel rate.

On the conclusion of the case, the hourly rate payable by the insurer will be assessed as a reasonable hourly rate having regard to the insurer’s standard panel rates.

In particularly complex cases the panel rate becomes less important as a guide and other considerations will apply i.e. the complexity of the case and the need for senior and/or specialist fee earners to be involved.

Felicity Keeler, Senior Paralegal tel: 0845 270 2511

Labels: complex, expenses, insurance, Legal, panel rates

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Wednesday 23 November 2011

Employment Law changes

There could be at least 3 major changes to the way in which employer / employee disputes are managed

1. An employer may be able to have a 'protected conversation', with an employee about performance / on-going employment, without the employer fearing that his words will be used against him a constructive dismissal claim

2. There may be fees for bringing employment tribunal claims

3. The unfair dismissal qualifying period may go up from one year to two years with effect from April 201

Michael Breeze, Solicitor tel: 0845 270 2511

Labels: changes, conversation, dispute, employee, employer, fees, protected, unfair dismissal

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Monday 21 November 2011

Employed or “Self-employed” ?

The Southampton Employment Tribunal has found at a pre hearing review (PHR) that a ‘self-employed’ independent financial adviser (IFA) was an employee.
Key to the Tribunal’s decision in Johnson-Caswell v MJB (Partnership) Ltd was the level of control the employer exerted over the IFA in order to ensure compliance with FSA rules.

When Johnson-Caswell’s contract was terminated he lodged several claims including a claim for unfair dismissal.

At the PHR it was held that MJB Ltd exercised a ‘sufficient degree of control’ and the ‘control’ test laid down in the Ready Mix concrete case was met, thus Johnson-Caswell was held to be an employee.

That the control was exercised in order to meet the firm’s FSA obligations was irrelevant and the test was met despite Johnson-Caswell’s autonomy in determining how he worked and charged his clients.

This is a first instance decision but it is likely to cause concern to firms who are FSA regulated and may well impact on other regulated industries.

Call Vanessa Wheeler 07852 658 865 or email vjw@kaslers.co.uk

Labels: employed, self employed

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