Cheyney Goulding LLP are pleased to offer litigation support for Counsel who work on a direct access basis.

We can assist with the following areas of work and fees can be agreed in advance:-

1. Disclosure & Inspection of Documents
2. Evidence – Interviewing of witnesses, preparing witness statements and affidavits  for hearings and trials
3. Case Management – Preparation of costs budgets, and Case Management Directions
4. Preparation of document bundles for hearings, trials and appeals.
5. Early Neutral Case Evaluation
6. Alternative Dispute Resolution – Mediation
7. Enforcement of judgments

Please contact Graham Young on gyoung@cheyneygoulding.co.uk or call 01483 796002 if you would like more information.

If you want to dismiss an employee or have been dismissed we can review your case and advise you on the best course of action in accordance with the Employment Rights Act 1996. We can help you through the dismissal process to minimise all risks.

We also deal with discrimination issues which may arise in all stages in employment including recruitment, promotion and dismissals. We also advise clients on the day-to-day issues, such as dealing with maternity issues and flexible working requests.

Many employment contracts will contain clauses which exclude certain activities. These can include non-compete clauses and post-termination clauses. We can draft clauses which will be effective and enforceable.  We can also review clauses in order to ensure their enforceability. Additionally, we advise employers who are looking to hire someone who had restrictions in their previous contract of employment.

In many circumstances, people ask themselves whether to take their matter to an Employment Tribunal or take a settlement. We can advise employers and employees on what are the best options are for them.

We advise employers and employees on matter that are heard at Employment Tribunals including unfair dismissal, redundancy payments and discrimination. We can also represent clients in court. Alternatively, if a settlement has been offered we can review the documents and ensure that the terms are fair.

The Enterprise Management Incentive (“EMI”) scheme allows shares to be issued to qualifying employees without giving rise to an income tax or NIC charge. The EMI option schemes is intended to help companies retain valued employees and to reward the employees for investing their time and skills in helping the company grow. Our services include drafting EMI option agreements as well as reviewing agreements and advising on the benefits.

All employees are legally entitled to a written statement of particulars. These are usually set out in the form of a contract of employment. We offer many services including drafting and reviewing employment contracts.
We can also draft supplementary documents to go alongside employment contracts such as work policy documents and staff handbooks.

Shareholder and Director disputes are not uncommon. Depending on the arrangement of the company, whether there is a shareholders’ agreement in place, or whether or not the dissenting shareholder(s) has a majority shareholding, will determine the route necessary to resolve the issues. A derivative action or claim for unfair prejudice may need to be taken depending on the facts.

Directors have a number of statutory and fiduciary duties to their company. Some of these duties include acting within their powers, promoting the success of the company, avoiding conflicts of interest and exercising reasonable care, skill and diligence

We advise landlords, tenants, developers, contractors, sub-contractors and construction professionals (including architects and surveyors) in relation to disputes arising from both residential and commercial projects in the Property Tribunal and the Courts.