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The Eric Whitehead Partnership

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  • 28/07/2005

    Pre-Nuptial Agreements

    Unlike in America, Pre-Nuptial Agreements (Agreements setting out what will happen to the parties’ assets if they subsequently divorce), so long favoured by Hollywood stars seeking to protect their wealth, have not, until recently, been recognised by the Courts on this side of the Atlantic. There is a very simple reason for this, in that the English Courts have been reluctant to acknowledge the existence of a document that effectively undermines the sanctity of marriage. However, a recent High Court case changed all this. For the first time, the Courts provided guidance upon the way in which Pre-Nuptial Agreements (“PNAs”) are to be viewed by the English Courts. The Courts will, subject to the interests of any children of the parties, consider enforcing a PNA as long as a number of certain...
  • 02/03/2005

    Employment

    In September 2004, the Employment Appeals Tribunal (EAT) held that the downloading of pornography on the internet at work by a man in the presence of a woman can be regarded as sex discrimination. However, the EAT also held that an employer could have a defence if it could successfully prove that the woman was a party to what the man was doing. From October 2004, companies and organisations that are open to the public have been required to ensure that their premises are reasonably accessible to disabled people. The Disability Rights Commission (DRC) is about to bring the first action of its kind in respect of breaches of the new access rules. It is said that almost half of British companies have yet to comply with the new rules. The penalties for breaching the rules can be high – a fine...