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Showing posts from October, 2013

Essay Writing Tips: How to Write a First Class Law Essay

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Distinction and first class quality law essay writing is an art whose objective is to draw an intellectually stimulating and comprehensive picture of the subject matter for the reader. In order to achieve high marks on a piece of legal literature, it is important that you are aware of how to write a top quality law essay that inevitably holds analytical depth. You should always endeavour to critique the law, and this is done by providing solid justifications for your criticisms backed by appropriate authorities which may or may not include judicial approaches in cases and academic views in journal articles etc. Many students, when writing law essays, will be criticised for being too descriptive. A descriptive essay is one that simply states what the law is, with little or no analysis of the law. Essays require critical evaluation of the law. Accordingly, an essay that is largely descriptive will not answer the question being set, and so will struggle to attract even a lower secon

Constructive Dismissal - A Path to Protection Littered with Obstacles?

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There are a lot of names for it: dismissal; sacking; letting go; termination; etc.; but the truth is that when a contract for employment is terminated between an employer and employee a number of social and economic factors come into play. Theoretically, dismissal gives employers the opportunity to ensure they have an optimal task force and “sub-optimal workers” (for want of a better phrase) do not become a financial strain. On the other hand, dismissal usually has a devastating impact on employees who lose not only their incomes but also their reputations and credibility. It is for this latter reason that employment law governs unfair dismissal with sanctions for the employer (usually compensatory in nature) which are designed to discourage dismissal where doing so would be for unfair reasons. But, what happens where the employer attempts to avoid being penalised for “unfair dismissal” by instead treating the employee in such a way as to force them to resign? Employment law caters f

Clash to the Titans: Insurance Law v The Financial Ombudsman Service

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It is increasingly common for industries to establish ombudsmen services which, following the exhaustion of internal complaints procedures, are the next step in dealing with a dispute. Such services are beneficial in that they often circumvent the need for parties to participate in court proceedings; this effectively means reduced costs, faster decisions and a less restrictive and fairer approach. For the insurance industry this service is catered for the by Financial Ombudsman Service (FOS). The service provided by FOS caters for claims up to a certain value and boasts that its decisions are taken in the realms of fairness as opposed to a strict application of the law. However, as I have explained in my upcoming publication (Jay Gajjar, ‘The Doctrine of Insurable Interest in Life Insurance: A Fling of the Past or Till Death Do Us Part?’ (2013) 127 British Insurance Law Association Journal 1) there has been an unhealthy divorce between the FOS and insurance law. To this end, esp