John Hirst

The future of employer`s liability claims

by John Hirst May 23, 2013 Personal Injury

At the heart of the regulatory framework for employer’s liability claims is section 47 of the Health and Safety at Work Act 1974 which establishes a presumption that civil liability arises for breach of any health and safety regulations made under the Act unless expressly excluded in the regulations. This is all set to change later this […]

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32 Red plc v WHG (International) Ltd – Trademark Infringement Case Comment

by John Hirst May 10, 2013 IP & Technology

The recent case of 32Red plc v WHG (International) Ltd and other companies concerned the infringement of rights protected by European Community trademarks (an EU wide trademark which circumvents the need to register the trademark in every European country where the name company trade). The Community trademark infringed in this case was the protected name […]

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The basics of Pre-nuptial Agreements in England & Wales

by John Hirst May 9, 2013 Family Law

What is a Pre-nuptial Agreement? A Pre-nuptial Agreement or Pre-marital Agreement is effectively a written contract between two people who intend to marry, which sets out and regulates how the parties` finances and assets should be distributed upon divorce. These types of agreements are becoming more and more popular in England & Wales as they […]

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Spousal maintenance – what can i do if my spouse refuses to pay me maintenance ?

by John Hirst May 2, 2013 Divorce

In the event of there being a significant disparity of incomes between spouses, it is common for the lower paid spouse to receive interim monthly maintenance (Maintenance Pending Suit) from the higher earning spouse. The level of such monthly payments depends upon both the reasonable needs of the receiving party and also the ability of […]

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The Jackson reforms in a nutshell

by John Hirst May 2, 2013 Accident Claims

April 2013 was a month to forget for many lawyers due to arguably the most radical changes to the Civil Procedure Rules since 1998. In January 2010 Lord Justice Jackson published his “Review of Civil Litigation Costs: Final Report” which contained a number of recommendations to reform civil litigation both generally and in relation to […]

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The matrimonial home on divorce – what are my options ?

by John Hirst April 30, 2013 Divorce

The matrimonial home is usually the biggest and most important capital asset that a divorcing couple will own and there are many ways in which matrimonial property is dealt with by the Courts.  Selling the matrimonial home If at all possible, the courts will try to achieve a clean break of the marriage meaning that […]

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