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Public Access Barrister

06 May 2008, 12:12 by Ruth Manning

Labels: administration, bar-council, barristers, commercial-law, direct-access, public-access

  Ruth Manning of New Walk Chambers, Leicester, was called to the Bar in 1993 and has completed the Public Access training course and is registered with the Bar Council to advise and act directly on behalf of the public without the need for them to instruct a solicitor or intermediary. The obvious benefit of this is that it saves costs whilst providing an excellent standard of service to those who instruct her.

Ruth has enjoyed a varied legal background in both the public and private sector and works as a part-time tutor at the College of Law. She is an experienced barrister in the following areas.

Commercial Law:-Breach of contract, building disputes, sale of goods, personal injury, public liability, consumer credit agreements.

Education Law:- she has worked extensively for LEA's on Education and Exclusion Appeals. Ruth can draw on such experience to advise and assist parents who find themselves involved in appeals against unfavourable decisions in respect of school places and school exclusions.

Family Law proceedings :- matters involving Children Act 1989 proceedings, injunctions and occupation orders under Family Law Act 1996, and financial settlements (ancillary relief) under the Matrimonial Causes Act 1973.

Immigration Law:- Appeal in the Immigration courts regarding asylum claims, visa  appeals and deportation appeals.

Ruth is available to advise in writing, in conference, to assist with drafting letters  and forms for clients to send both before and during legal proceedings, to assist with drafting pleadings and to provide representation and advocacy at court hearings.

 New Walk Chamber's clerks are available to assist with the agreement of fees and dealing with initial instructions.

They can be contacted by e-mail: clerks@newwalkchambers.co.uk. Telephone 0116 255 9144.

The Bar Council web site, http://www.barcouncil.org.uk/  provides useful guidance for the lay client on public access to barristers.

Written by Ruth Manning, Barrister at New Walk Chambers, specialising in Direct Access.

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TUPE and Administration

23 Apr 2008, 13:15 by Joseph Neville

Labels: administration, court-of-appeal, employment, insolvency, machinations, tupe, unfair-dismissal

  The recent Court of Appeal case of Dynamex Friction Ltd & Anor v Amicus & Ors is a fascinating look at the impact upon employees where a company enters administration and the business subsequently passes to a phoenix company. In many cases the owners and controllers of the phoenix are the same individuals who drove the original company into administration in the first place.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 are designed to provide rights to employees where their employment transfers from one person or company to another. It provides that employees will have a claim of unfair dismissal if they were dismissed in consequence of the transfer. If the business had simply been sold on without the intervening administration, then the employees' employment would have transferred with it.

In this case however, when the company went into administration, the administrator decided that there wasn't enough money in the company to pay the employees so dismissed them all. He then sold on the business to a company which fell into the eventual control of the original director. Here the reason for the dismissal was not a transfer, it was because the administrator couldn't afford the wage bill.

The employees contended that their dismissal was the consequence of the transfer, as they alleged the overall process was a result of the ‘machinations' of the previous director and that he had planned it all along. Had this argument been successful it would have struck an important blow for the many employees who find themselves in this situation. The Court of Appeal however, by a majority, found that once it was established the dismissing officer made his decision independently, and for a particular reason, it was impossible to look behind that reason at any surrounding context or scheming.

Written by Joseph Neville, Pupil at New Walk Chambers, specialising in Employment Law.

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