The general principle is that part-time workers have the right to be treated no less favourably than a comparable full-time worker in relation to certain employment-related matters under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551. For further information, generally, see Practice Note: Part-time workers. Intrinsic to the protection offered by the PTW Regs 2000, SI 2000/1551, is the requirement that the part-time worker must compare their treatment to that of a full-time worker who is employed by the same employer under the same type of contract and engaged in the same or broadly similar work (whether on a fixed-term or permanent basis) who has a similar level of qualifications and experience, and works at the same establishment

Statutory holiday entitlement Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled to 5.6 weeks of paid annual leave, made up of: • a ‘basic’ entitlement of four weeks’ annual leave each leave year, implementing the right under Directive 2003/88/EC, the Working Time Directive (WTD) • an ‘additional’ entitlement of 1.6 weeks’ annual leave each leave year Under WTR 1998, SI 1998/1833, reg 16, a week’s pay is calculated in accordance with sections 221, 222, 223 and 224 of the Employment Rights

Duty of good faith The question of whether a partner has breached their duty of good faith, and whether that breach is sound in damages, will depend on the particular circumstances. This Q&A looks at some of the key considerations focussing on the law relating to general partnerships (as opposed to limited partnerships or limited liability partnerships). The main source of legislative authority on general partnerships is the Partnership Act 1890 (PA 1890), which sets out default provisions that apply to a partnership in the absence of an agreement to the contrary. These default provisions, or any provision in a written agreement, may be varied by the consent of all the partners. Such consent may be either express or inferred from a course of dealing. A partner owes a duty of good faith to fellow partners in all partnership matters. Amongst other things, a partner has a duty to act bona fide for the benefit

A gift with reservation of benefit (GWR) for inheritance tax (IHT) purposes arises when a donor makes a gift but retains some benefit from the gifted property. See: section 102 of the Finance Act 1986. In the context of a farming partnership, if a partner gifts a share in the partnership and later has an overdrawn partnership account, this could potentially constitute a GWR depending on the circumstances. For a GWR to arise, the donor must retain a benefit from the gifted property, ie either the donee didn't take full possession of the gifted property or it has not been enjoyed to the entire exclusion, or virtually the entire exclusion,

This Q&A assumes that the partnership is a general partnership. It will almost always be advisable for partners to enter into a written partnership agreement in order to avoid application of any inappropriate default provisions in the Partnership Act 1890. These default provisions include: • no majority of the partners

Practice Note: Powers of attorney in commercial transactions provides practical guidance on how to grant powers of attorney, the different types of power of attorney that can be granted, and when they are likely to be used in commercial transactions. It also considers general powers of attorney, lasting powers of attorney, enduring powers of attorney and business and commercial lasting powers of attorney. The specific power of attorney itself should be examined to look at the powers granted. A general power of attorney is capable of revocation in the following circumstances: • expressly, on notice by the donor to the donee • impliedly, where the donor's acts are inconsistent with the authority of the power of attorney

Essentially, unless the decree is made absolute, the orders for financial provision will not take effect. In relation to lump sum and periodical payments orders, this is provided for expressly in section 23(5) of the Matrimonial Causes Act 1973 (MCA 1973). In relation to transfer of property orders/settlements it is provided for in MCA 1973, s 24(3). See Practice Note: Implications of the death of a party. Accordingly in McMinn v McMinn, a lump sum in favour of a wife was held not

In general, a party can bring a claim against anyone or indeed elect not to progress a particular claim (in contract, or otherwise). The merits of each claim needs to be assessed on a case by case basis, however there may be good reasons why a party would wish to focus on a particular claim against a specific party beyond simply the perceived merits of the various causes of action they are considering. For example, a potential defendant’s financial means or the present location of a potential defendant could influence which claim a party wishes

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 22 makes provision in relation to evidence in family proceedings and FPR 2010, SI 2010/2955, 22.3 provides that ‘The court may allow a witness to give evidence through a video link or by other means’. In addition, FPR 2010, PD 22A, Annex 3 provides: ‘It should not be presumed that all foreign governments are willing to allow their nationals or others within their jurisdiction to be examined before a court in England or Wales by means of VCF. If there is any doubt about this, enquiries should be directed to the Foreign and Commonwealth

The Law Society has provided guidance on the virtual execution of documents: Law Society’s guidance. Deeds may only be virtually executed by following the Law Society's Option 1 which involves emailing the deed with signed signature pages. For more information, see Practice Note: Virtual execution of documents, in particular the section headed ‘Option 1—email of document and signed signature page(s)’. A power of attorney is a common tool for delegating power to act when a person is not present to execute a document. The form of execution for a deed by an attorney will vary depending on the type of legal entity executing

We refer you to our Lexis+® UK Dispute Resolution Practice Note: Court fees in civil proceedings which provides information on the court fees payable for all aspects of civil proceedings. It takes into account the court fee provisions introduced through the Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016, SI 2016/402, which came into force on Monday 21 March 2016 and which increased the fees for making general applications and for starting

CPR 31.10 contains provisions for the disclosure of documents by way of a list. Disclosure obligations continue until proceedings come to an end. If further documents come to light after a list of documents has been served, a supplementary list must be served (CPR PD 31A, para 3.3). For information on disclosure generally, see Practice Notes: Disclosure under CPR 31—introduction and Disclosure—standard disclosure and the reasonable search. When providing directions, the court will set a date by which the list of documents must be served upon the other party. Under CPR 31.21, a party may not rely on a document which they fail to disclose, unless the court gives permission.