The Protection of Personal and Property Rights Act 1988
allows the Court to appoint a "welfare guardian" for a person who
has lost the capacity to make decisions for themselves in relation
to their personal care and welfare. Generally, only one person may
be appointed as a welfare guardian. The commonly known exception to
this was where there are "exceptional circumstances" which satisfy
the Court that it would be in the interests of that person to do
so. However, on 14 November 2018, this test changed.
By Tony Johnson - 17 Feb 2019
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Pre-employment trials can be a useful way to determine
whether an employee is suitable for the job. Often, candidates can
look good on paper or in an interview, but terrible when they
actually 'go on the floor'. This is especially true in the
hospitality industry. However, pre-employment trials are fraught
with difficulty, as the employers in Mawhinney v SFIZIO
Limited discovered.
By Claire Mansell - 11 Feb 2019
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Payments in advance (down-payments or deposits) are common
in the construction industry. When you place a custom order or hire
a builder to commence work on your property, the initial credit
risk to the supplier is significant - if you don't pay, they've
already shelled out for raw materials and spent time which is
irrecoverable. Hence, particularly with expensive designer joinery,
appliances or finishes, payment in advance is the norm. But what
happens if you don't get what you paid for?
By Telise Kelly - 31 Jan 2019
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Have you ever been put off trying to recover a debt
because of the legal costs involved? The payment claims and payment
schedules regime under the Construction Contracts Act
(CCA) may just have the answer for
you.
By Geoff Hardy - 20 Jan 2019
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When a family member (usually the parent) becomes elderly and/or
their health or mental capacity begins to fail, it is not uncommon
for one person (usually one of their children) to 'step-up' and
provide the care and assistance ('services') necessary for that
parent. To provide such services, some children even invite their
parent into or near to their home when the parent can no longer
'live independently'.
By Andrew Steele - 13 Dec 2018
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Since 2009 all employers have been free to agree 90 day
trial periods for new employees. This allowed those employers to
'try and see' a new employee and, if things did not work, they
could dismiss them. The trial period clause precluded the employee
from bringing a personal grievance in respect of the
dismissal.
By Andrew Steele - 6 Dec 2018
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We've all seen the latest craze to hit our streets, the
black and green Lime electric scooters. Whether you're for or
against them zooming along our footpaths, cycle lanes and streets
you may have wondered: can you be charged for riding one of these
scooters while under the influence of alcohol? Perhaps especially
relevant as we head into the merry season! And the answer is
...
By Fiona McGeorge - 29 Nov 2018
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In April 2018 Meika McHardy of our firm posted a blog on
what you need to know about asbestos and home renovation. She
pointed out that asbestos is now the single biggest cause of death
from work-related disease, and that on 4 April 2018 the new
regulations governing asbestos came fully into effect. What
is probably not fully appreciated is how widespread the use of
asbestos was during the period from 1940 to 2000.
By Geoff Hardy - 16 Nov 2018
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The Law Commission has just published its report about
suggested changes to the Property (Relationships) Act
1976.
By Surendra Bennett - 12 Nov 2018
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Since the new government came into power 12 months ago,
Unions have been particularly active. Nurses, teachers and court
staff have all taken strike action this year.
By Claire Mansell - 1 Nov 2018
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