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Employer’s Liability Trigger Litigation

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In November 2008 a decision was handed down by Mr Justice Burton in the case of Durham v BAI (Run Off) Limited (In Scheme of Arrangement) (2008). This case explored the practice of handling claims arising from harmful exposure to asbestos at work.
The traditional approach has been for EL Insurers, on risk when [...]

Changes affecting Landlords of private rental property

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In recent years the government has brought out a number of new pieces of legislation which affect privately rented property in Northern Ireland. 
The Private Tenancies (Northern Ireland) Order 2006 came into effect on 1 April 2007. It is one of the major reforms of housing law in the private rented sector within the past few [...]

Bullying/Harrassment and Stress Claims

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Following Hatton v Sutherland a line of recent cases has placed significant obstacles in the way of Claimants bringing successful “stress” claims. In summary, Hatton established a high threshold of foreseeability; unless there was a real risk of breakdown which the Claimant’s Employers ought reasonably to have foreseen and ought properly to have averted, [...]

What happens when an individual is faced with director disqualification Proceedings?

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The Company Directors Disqualification (Northern Ireland) Order 2002 (hereafter “The Order”) is largely similar to that of the Company Directors Disqualification Act 1986 within the jurisdiction of England and Wales. Notably it has taken some time for this jurisdiction to adopt this piece of legislation, and to a certain extent, it remains in its [...]

Agricultural Land

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A recent case in Northern Ireland has highlighted the continuing potential for the Inland Revenue to challenge the inheritance tax treatment of conacre lettings (ie farmland which is let out from year to year).
In the recent Northern Ireland Court of Appeal case of McCall and Keenan (Personal Representatives of McClean) -v- HM Commissioners of Revenue [...]