Judicial factor meaning

In this issue: Horizon scanning Recruitment Public sector Pay Tax Protected characteristics Equality of terms (equal pay) Whistleblowing Employee duties and restrictions on competition Unfair dismissal Employment Tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Government U-turns on day-one unfair dismissal rights and announces compensation cap ‘will be lifted’ On 27 November 2025, the Department for Business and Trade (DBT) confirmed that, following a round of ‘constructive conversations’ with trade unions and business representatives, the discussions settled on a ‘workable package’: shortening the unfair dismissal qualifying period from two years to six months, while preserving existing day-one protection against discrimination and for automatically unfair reasons for dismissal. To reinforce these safeguards, the government further pledged that any alteration to the unfair dismissal qualifying period will only be possible through primary legislation,...

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Evidence and disclosure ADR New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments Announcements and blogs HM Courts and Tribunals Service updates EX50A: HM Courts and Tribunals Service (HMCTS) has revised the ‘full list of fees applicable in the Civil and Family Courts (from 1 May 2023)’ (EX50A) to add fee codes—see: LNB News 26/01/2024 34—HMCTS updates fees applicable in the Civil and Family Courts to include fee codes. HMCTS blog on the future of remove hearings: HMCTS has issued a blog titled ‘Looking at the future of remote hearings’, covering the Video Hearings Service (VHS) and how this has altered preparation for hearings. HMCTS underlines VHS advantages, including secure, private meeting rooms for judicial office holders to...

Williams v Williams [2024] EWHC 733 (Fam), [2024] All ER (D) 65 (Apr) What are the practical implications of this case? The decision is noteworthy because it supplies the first judicial guidance on whether a final divorce order can be undone where the application was correctly and procedurally advanced and granted, even though the client had not, in fact, given any instructions for the application to be issued. The court’s reasoning confirms that rescinding a final divorce order is, at best, a theoretical possibility in exceptionally limited situations; the procedural mechanisms in FPR 2010, SI 2010/2955, r 4.1(6), or the so‑called ‘slip’ rule in FPR 2010, SI 2010/2955, r 29.16, are not available when the mistake did not stem from the court. A key factor highlighted is the societal significance of marital status and the consequent need for certainty as to whether individuals are married or divorced that is clear, reliable, and stable in law always...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Introduction This Practice Note is part of our LLB Contract Law suite, aimed at students. In contract law, a vitiating factor is something that damages the legal validity of the consent needed for a binding agreement. One such factor is misrepresentation, where one party makes a false statement to another. This Practice Note outlines misrepresentation in English contract law, showing how inaccurate pre-contract statements undermine real consent and render contracts voidable rather than void. It sets out the elements of an actionable claim (a false statement of fact or law, inducement and attribution), separates fraudulent, negligent and innocent misrepresentation, and reviews the key cases alongside the Misrepresentation Act 1967. Particular emphasis is placed on remedies, especially rescission and damages, and on the equitable bars to rescission (affirmation, lapse of time, impossibility of restitution, third-party rights and judicial discretion). Throughout, it brings together judicial reasoning, policy considerations and exam-focused guidance, illustrating how modern case law balances fairness to the misled party with certainty in commercial transactions. Overview Definition and...

This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...