Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive November 2018

Enforcement Methods in the Civil Courts

Once a judgement has been given by a County Court, it is unusual that any further action will need to be taken. In the vast majority of cases, the losing party will pay the amount ordered and business will continue as normal. However, there are occasions where the losing party will fail to comply with the judgement, and so something will need to be done in order to enforce the judgement.

Enforcement should be considered before proceedings are even commenced if the party with whom proceedings are brought is uninsured. The practical considerations that need to be addressed before commencing any sort of litigation is whether the opposing party would have the means to pay what you would be pursuing for. You could spend a lot of money on legal fees taking it forward, only to be unable to enforce the judgement.

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How to Solve Your Dispute Without the Expense of Court

Alternative Dispute Resolution (ADR) is a blanket term for various methods of resolving your legal dispute without going to court. It very often involves the inclusion of an independent third party to assist in resolving the dispute. ADR is actively encouraged by the courts and politicians and it forms part of the pre-action protocol in the Civil Procedure Rules and Practice Directions. Although the Rules require that the parties should consider whether either negotiation or some other form of ADR is appropriate, it is an entirely voluntary process and all parties can withdraw at any time. However, those who do not consider other forms of ADR must be prepared to explain why to the court.

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When is it Possible to Dismiss an Employee for Gross Misconduct?

Gross misconduct is misconduct so serious as to justify the immediate dismissal of an employee. Certain acts, such as theft, fraud, physical violence or serious negligence would almost always be gross misconduct.

Employers must always take into account the nature of their business and the circumstances surrounding the misconduct before any decision to dismiss is made. What is deemed to be gross misconduct in one industry may not be in another. For example, regularly using offensive language may be treated differently in different sectors and working environments.

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