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Bloomsburry Family law

Wills, Trusts & Probate

Developments in Inheritance Act claims

In the second of two articles for ECA, Giles Harrap, a barrister at Pump Court Chambers, notes recent developments and current concerns in the context of the law relating to family provision on death. Readers will note the helpful inclusion of some previously unreported cases. These provide insight into current judicial thinking that appears to emphasise certain socio-economic issues and has been impacted upon by the important ancillary relief case of White v White.

Alderson v Secretary of State for Trade and Industry [2003] EWCA Civ 1767

Transfer of undertakings - European Law - Claimant employed as refuse collector by council - Council transferred refuse collection service to commercial company - Terms and conditions offered were less favourable than employees had enjoyed when working for council - Refuse collection services were ‘in the nature of a commercial venture’ for purposes of Transfer of Undertakings (Protection of Employment) Regulations 1981 as originally enacted