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18 July 2013
Issue: 7569 / Categories: Features , Civil way
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Civil way: 19 July 2013

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Without prejudice, legislative obit, mum's the word & child support facelift

Without prejudice within job

Pre-termination negotiations between employer and employee on or after 29 July 2013 are rendered inadmissible on a subsequent complaint by s 14 of the Enterprise and Regulatory Reform Act 2013 which is brought into force by commencement order SI 2013/1648. This will not apply where the employee claims to have been dismissed for an automatically unfair reason and will only apply to the extent considered just if either side has behaved improperly in making or negotiating an offer. An offer made with the right reserved to refer to it in connection with costs will be admissible on costs. Compromise agreements, compromise contracts and compromises are renamed settlement agreements, settlement contracts and settlements. A new code of practice on settlement agreements is introduced on 29 July 2013 by the Employment Code of Practice (Settlement Agreements) Order 2013 (SI 2013/1665).

In memorium

The Property Misdescriptions Act 1991 will pass away on 1 October 2013. The Property Misdescriptions Act 1991 (Repeal)

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NLJ this week: Surrogacy children caught in succession gap
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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