The following In-house Advisor practice note Produced in partnership with Richard Martin of Byrne Dean provides comprehensive and up to date legal information covering:
This Practice Note will focus on the preparatory considerations and steps you may want to consider when starting out on a strategy.
An initial consideration is whether you are looking to do something for your team, which may be large or small, or for a wider part of, or the whole, organisation.
Doing something for the whole organisation would mean greater availability of resource, better alignment of your team with the rest of the organisation and, possibly, an opportunity for your team to be seen to be taking the lead on an important initiative of general benefit. Given the legal case for action it also fits well with your responsibilities to the wider organisation. See Practice Note: The importance of a mental health and well-being strategy for your team—The case for action.
On the other hand, an organisation-wide initiative may mean delay—you will need to get others on board, other people may feel that it more properly sits in their area of responsibility, and want to have control, or, at the very least, be part of the decision-making process. That should ultimately be a way to achieve wider buy-in but may involve delay and also compromise. If you are a senior leader in the organisation then you have an opportunity to (be seen to) be a champion and to use your authority to force action
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This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a state of emergency•limited rights—which may be
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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