A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
Following yesterday’s announcement (20 February 2018) that the Court of Appeal has granted Care England the right to intervene in the Mencap’s sleep-in-shift case, we are pleased to confirm that our Health and Social Care team has been representing Care England to date in its application, and will be preparing the case for the next month’s hearing on 20-21 March.
With the right to intervene granted, Care England, assisted by our Team, will now have the opportunity to make written submissions, and hopefully appear before the Court of Appeal in March. Care England will be able to introduce new arguments that have not been considered in the case so far, raising hopes of averting the care sector’s impending £400m financial crisis.
Commenting on the representation, Matt Wort, partner at Anthony Collins Solicitors, said: “We are really pleased to be acting for Care England in this significant case for the sector and to have the opportunity to put forward new arguments. We believe that the intention of Parliament from the introduction of the National Minimum Wage Regulations was always that people carrying out sleep-ins would only be paid when they are awake and working, and we are hopeful that the Court of Appeal will be persuaded to interpret the legislation in that way.'
This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
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