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Tax-News.com: Switzerland Draws Critical Conclusions From Crisis
Tax-News.com: It has recently emerged that the Swiss Federal Council has approved the report on the actions of the Financial Market Supervisory Authority in the financial market crisis, and has also approved a binding plan designed to resolve the \"too big to fail\" problem.

Tax-News.com: US Climate Change Bill Presented
Tax-News.com: United States Senators John Kerry and Joseph Lieberman have formally introduced their much-delayed climate change bill, which proposes tax and other incentives in a bid to dramatically reduce US greenhouse gas emissions over the next 40 years.

Tax-News.com: HK Not In OECD\'s Sights
Tax-News.com: Following a question in the Legislative Council concerning the risk of Hong Kong being placed on the Organisation for Economic Cooperation and Development

Tax-News.com: San Marino Remains On Italian Black List
Tax-News.com: Following certain media stories that have been circulating in the country, the Italian Ministry of the Economy and Finances has issued a press release in which it confirms that San Marino remains on Italy

Tax-News.com: US Senate Concludes Bank Tax Hearings
Tax-News.com: US Senate Finance Committee Chairman Max Baucus earlier this weekcontinued the committee

Tax-News.com: South Africa Acts Against Tax Evasion
Tax-News.com: During his speech to parliament on the occasion of the vote on the 2010-11 budget, South Africa

Tax-News.com: Ireland Tackles Red Tape
Tax-News.com: Irish Minister for Trade and Commerce, Billy Kelleher has announced the launch of a series of workshops that aim to simplify doing business in Ireland.

Tax-News.com: Financial Tax Divides German Coalition
Tax-News.com: Following the recent decision to adopt the multi billion-euro aid package necessary to secure the single currency, Germany

Tax-News.com: Australia Improves Film Tax Breaks
Tax-News.com: The Australian government is to make important changes to the eligibility requirements for film tax offsets, to make the country a more attractive destination for significant film making, and to enable more Australian businesses, particularly small businesses, to benefit from them.

Tax-News.com: WHO Mulls Global Internet Tax
Tax-News.com: The use of an internet tax to raise \'tens of billions of dollars from a broad base\' will be among the many tax-based financing mechanisms to be considered by the World Health Organization at the 63rd session of the World Health Assembly, which takes place later this month in Geneva.

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Constructive dismissal: breach cannot be cured

The Court of Appeal has held that an employer who commits a serious breach of contract, often referred to as a repudiatory breach of contract, cannot cure the breach before an employee decides whether to treat it as dismissal or not.

Professor Buckland was a university professor in the Archaeology Department of Bournemouth University Higher Education Corporation (the University). Exam papers which had been marked by Professor Buckland were subsequently re-marked without consulting him. Professor Buckland formally complained about the re-marking. The University undertook an enquiry, the outcome of which was set out in a report. Whilst the report exonerated Professor Buckland and instead, criticised the University for approving the re-evaluation of Professor Buckland’s work without consulting him, Professor Buckland resigned and presented a claim for constructive dismissal.

The employment tribunal upheld Professor Buckland’s claim for constructive dismissal noting that the action of re-marking his work without notifying him first amounted to a repudiatory breach of contract which was not ‘cured’ by the inquiry. The Employment Appeal Tribunal (EAT) allowed the University’s appeal on this point holding that the inquiry had in fact ‘cured’ the breach. The EAT also confirmed that the correct test to apply when assessing whether there was a repudiatory breach of contract was an objective one, not a ‘range of reasonable’ responses one as argued by the Univeristy.

The Court of Appeal agreed with the EAT with regard to the correct test to be applied for a repudiatory breach of contract stating that the ‘range of reasonable responses’ test has no place in establishing a repudiatory breach of contract. However, the Court of Appeal stated that once a fundamental breach of contract had occurred, that breach could not be cured.

This was only possible where the breach was anticipatory (i.e. threatened) rather than completed. Professor Buckland’s claim for constructive dismissal was therefore upheld by the Court of Appeal.
Buckland v Bournemouth University Higher Education Corporation [ 2010 ] EWCA Civ 121

Philip Gray on how the Simon Singh case means libel laws have no place in scientific debate

THE high profile decision by the Court of Appeal in the libel case concerning the British Chiropractic Association (BCA) and the scientist Simon Singh has been hailed as a victory by libel reform groups. There has been a long running and at times polemic debate between interest groups on both sides on the scope of our current libel laws. An increasingly vocal number of journalists, free speech groups and media publishers have campaigned for significant reform arguing the law unduly protects high profile celebrities and businesses at the expense of freedom of expression. However, it is also a widely accepted that individuals and their businesses have a right to protect their reputation from inaccurate and malicious accusations. Although the Court of Appeal decision did not create any major changes to the law, the Judgment clearly showed the position that the higher courts will adopt when considering the use of libel law in areas of scientific debate. The Court of Appeal ruled that Mr Singh should be allowed to use a specific defence to libel, "fair comment" (also referred to as "honest opinion"), which had been refused by the High Court. However, the Court of Appeal did not actually uphold that defence. The BCA has decided to withdraw its claim and the Court will not therefore be asked to consider Mr Singh's defence of fair comment any further. However, the decision of the BCA to withdraw its claim is seen by some to imply a loss of confidence in the strength of its case. Nevertheless, the Judgment will remain very important for what it had to say on the use of libel law in areas of scientific debate. It is well known that the criticism of peer review is at the heart of all scientific research and the Appeal Judges were clear that libel laws had no place in such matters as it was for scientists to debate such issues for themselves. Article Source

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Who has the right to decide how the contents of a will are distributed to the beneficiaries? (UK Law)?
If there is a will then it is distributed as per the instructions in the will. There will be an executor appointed either by the person who wrote the will or by the probate office. If there is no will then there are specific laws on who gets wha...

Within UK Law how long do I have to file a case?
The main limitation periods (maximum amount of time to bring a claim are) are:- 6 years for a claim based on contract 3 years for personal injuries 3 months for most claims in an Industrial Tribunal There are some exceptions in limited circums...

What is the law regarding 16 year old American coming to UK?
In Scotland, its 16, in rest of UK child still need parental permission to leave home before 18.  The girl who is coming to UK, to live, needs visa to live in UK, for that she needs to prove the reason to be in UK longer than 90 days e.g. ...

Is there any uk law firms that do sponsored law degrees?
I've no idea if they sponsor you for a law degree or not but if it's any help, White & Case pays the course fees for GDL and LPC. I think you get a maintenance grant too, though I've no idea how much...

What is the current law in the UK, regarding different forms of euthanasia?
Euthanasia has been a controversial issue dating back to the roman and Greek times, the word ‘euthanasia’ comes from the Greek meaning "eutahnatos" – "eu" means "good or well"; whereas "thanatos" means "deat...

How much does social security take out of a single taxpayers check?
FICA tax rate is equal to 7.65%, which includes 1.45% for Medicare up to the first $84,900 of income and 6.2% tax for Social Security on the entire amount of income. This tax rate is the same for all filing status....