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Employment law always moves at a fast pace so we’ve summarised some of the most important recent decisions and news from the past month
Following the success of our last in house seminar for schools, we are holding a further seminar on Monday 6th November 2017.
A new law which should help intellectual property owners assert their rights more freely came into force on 1st October 2017.
A recently decided case has confirmed that if a landlord is seeking to resist a lease renewal on ground (f) of Section 30(1) of the Landlord & Tenant Act 1954, it is its intention and not motive of which the Court must be satisfied.
Employment law always moves at a fast pace so we’ve summarised some of the most important recent decisions and news:
The Criminal Finances Act 2017 received Royal Assent on 27 April 2017. It will have wide-reaching effect for businesses in all sectors.
The equity of exoneration is a common law principle which relates both to the joint ownership of property and the law of sureties.
Employment law always moves at a fast pace so we’ve summarised some of the most important recent decisions and news
SPL came into force on 1st December 2014 and enables eligible mothers, fathers, partners and adopters to choose how to share time off work after their child is born or placed for adoption.
The name the parties give to a document is not necessarily conclusive as to the nature of the arrangement.
On 8 May, reporting restrictions were lifted on a judgment of the High Court, ordering a company to hand over to the Serious Fraud Office documents prepared as part of an earlier investigation.
The intention of the Regulation is to expand on current data protection and the provisions of the Data Protection Act 1998 (DPA).
The CFA has been implemented to ensure that corporations are held accountable for the acts of their employees where such acts result in tax evasion.
The new Agreement is now in force and applies to all accidents involving untraced drivers from 1 March 2017.
A new pre-action protocol, in respect of Debt Recovery, will come into force from 1 October 2017.
From 6 April 2017, the Insolvency (England & Wales) Rules 2016 come into force.
Is a Court bound, at detailed assessment, by an agreed budget where the sums claimed are less than or equal to those in an approved budget.
Employers can put in place dress codes to achieve a certain look for their business, but they must though do so in a fair and consistent manner,
This decision shows that ultimately fairness should be applied to both parties to allow parties an opportunity to address and issues that might be considered in reaching a decision.
The Court granted an injunction to prevent the Defendant disclosing material obtained by hacking the email account of the person with whom they were having an affair.
The High Court has sent another warning to litigants that they should expect to face costs penalties where the Court regards their conduct in the litigation as having been unreasonable.
A non-disclosure agreement can provide some comfort that information disclosed should not then get misused, passed on to a competitor or made public.
Whilst we all want our employees to enjoy the festivities, Christmas can throw up a number of difficult issues for employers.
What is the "gig" economy?
On 7th October 2016 the Court of Appeal handed down its decision in British Gas v Lock in relation to the calculation of holiday pay.
If a company finds itself in financial difficulties, a creditor may issue a winding up petition.
With the rise in popularity of websites such as Airbnb, legal issues are arising with greater frequency about whether such a use is permitted under long leases.
A summary of the key changes relating to the obligations of the parties and the consequences of any breach.
A recap of the remedies available to a vendor when a purchaser has exchanged contracts for a property but then refuses to complete
It is easy to cut and paste images from the internet, and use them, so why not..?
From 6 April 2016 most Corporations have been required to maintain a register of persons who have a controlling interest over the Corporation.
Provisions of the Immigration Act 2016 come into force on 12th July 2016
A new Alterations Protocol has been issued for use in situations where a leaseholder wishes to carry out alterations to a demised property
A commercial tenant made a successful claim for relief from forfeiture some 14 months after the landlord had changed the locks.
Such major sporting events can give rise to a number of work related issues and employers need to ensure they are prepared for any headaches that may arise.
From 1 April 2016 private renting tenants have had the right to ask their landlords to consent to energy saving improvements being made to the property they are renting.
On 1 October 2015 parliament introduced a number of changes to the Company Directors Disqualification Act 1986, which governs the procedures for directors’ disqualifications proceedings.
A person can face an unlimited fine or be sent to prison for up to 6 months (or both) if their dog is dangerously out of control (longer if an aggravated offence);
The National Living Wage (NLW) will be introduced with effect from 1st April 2016.
An EU ruling concerning furniture design extends copyright from 25 years to the term of the life of the creator plus 70 years.
The Supreme Court recently had to consider whether commercial common sense could defeat a contractual provision which seemingly defied it.
Two cases before the Supreme Court earlier this month appear to have taken the principle of vicarious liability into new realms.
An employer was found not to have breached the employee’s right to confidentiality by accessing his personal communications.
From 1 April 2016, individuals purchasing additional residential properties may be subject to a higher rate of stamp duty land tax.
On 1 April 2016, all bankruptcy petitions issued by debtors themselves will be made online.
The Immigration Act 2014 requires landlords in England to carry out checks of potential tenants to ensure they have the ‘right to rent’ from 1 February 2016.
Insolvency cases were exempted from the rules preventing the recovery of success fees and ATE premiums from the unsuccessful party - on 1 April 2016, that exemption is lifted,
If you are about to head off for a winter holiday, here are a few pointers to consider.
The Supreme Court has found that an £85 fine for overstaying the permitted time in a car park was not unfair
Directors’ duties, once unwritten, are now formally set out in the Companies Act 2006.
What is the position when that property is sold?
Some rights are enjoyed by all shareholders whereas others will depend on whether the shareholder has sufficient voting rights to be able to pass the resolution being proposed.
Most commercial tenants have a full repairing obligation and many do not realise what that means.
Can a tenant reclaim rent paid in advance for a period after the lease has successfully been brought to an end by using a break clause?
The Insolvency Practitioners Association updates its existing guidelines and regulations.
A recent Business in the Community survey was published in November 2015 with some concerning results regarding workplaces throughout the UK
From 16 November 2015, the Court fees and Official Receiver’s deposit payable on petition for bankruptcy or winding up have increased.
A recent ruling in the European Court of Justice could have a shocking impact upon UK indirect discrimination laws.
There are a host of legal issues that can arise or be engaged by the operation of a drone.
When considering an appropriate financial settlement the Court has the power to divide pension assets.
Balancing the importance of upholding final decisions against the duty of providing full, frank and transparent disclosure.
New Regulations apply to tenancies created from 1st October 2015, and amend all tenancies from 1st October 2018*
The old rules will apply to everything bought before 1st October, even if the problem occurs after that date.
On 1 October 2015, the bankruptcy threshold will be raised from £750 to £5,000
The test which the court should apply when considering annulment on the grounds that the Order should not have been made in the first place.
Should employers permit the use of e-cigarettes in the workplace?
From 1 October 2015 a new provision will come into force to protect residential tenants in England from eviction where tenants have complained about the condition of a premises
Unless you have the consent of your child’s other parent it can be a criminal offence if you take your child out of the United Kingdom.
If you are involved in an accident on holiday, you may be able to bring a personal injury claim in the UK against the holiday retailer or tour operator.
A zero hours contract is one where the employer is not obliged to provide a minimum number of working hours.
Landlords must achieve a certain level of energy efficiency for either a domestic or non-domestic property in England and Wales, before they can let it.
A queue of creditors awaiting payment from a company will be ranked in priority according to certain criteria.
The Court of Appeal has considered whether a RTM company could acquire management of more than one premises
If not used appropriately this could potentially cause issues for you in the future.
All schemes that existed or arose during the tax year April 2014 – 2015 must be registered through HMRC’s new online system on or before 30 June 2015.
Parents are now permitted to share time off upon the birth or adoption of their child.
Objecting to the granting of a renewal lease when the Landlord intends to redevelop
New requirements on suppliers of heat, which affect landlords of multi-let commercial, residential and industrial buildings.
Options and issues on the expiry of an excluded tenancy...
It is important to have carefully drafted service charge provisions.
The possible consequences of a party lying whilst giving evidence.
Guidance as to Spousal Maintenance has now been provided by the Courts.
nexus solicitors is looking for an experienced corporate paralegal to help cover maternity leave of an associate solicitor.
Social media is becoming increasingly accepted as a procedural tool.
Courts supporting the view that a property contract no longer needs to be "signed" by a person writing his name with his own hand.
Increases in Court issue fees are expected to come into force from 9 March 2015.
Does your business have the protections, agreements, and arrangements in place to ensure that it can bear the scrutiny of prospective investors?
Social media is everywhere and an increasing number of businesses use it to their advantage.
Can an intermediate landlord be liable even when it has not been notified of a disrepair and was not responsible for such repair under its own lease?
A landlord's usual rights may be affected by the liquidation of a corporate tenant and so it is important that a landlord is aware of the action with can/cannot be taken.
From 4 December 2014, the rules used for calculating stamp duty land tax ("SDLT") have changed.
The Court of Appeal confirmed in October that where fraudulent devices have been employed in bringing an insurance claim, the entire claim is forfeit.
Company directors planning to move abroad must ensure that their details are updated at Companies House.
If you are considering separation, we recommend you give the following matters some thought.
If you divorce, you and your former spouse have a range of financial claims that you can make against each other - the value of which will depend on your circumstances.
There is a common assumption that mum has the last word on all issues relating to your children - that is not the case.
A Protocol has been prepared which is available at www.propertyprotocols.co.uk. It doesn't have the status of a Protocol under the Court Rules, but is designed to serve as best practice guidance, and has already been welcomed by the British Property Federation as well as others within the property and legal fields.
The Court of Appeal has recently handed down its judgment in the long awaited case of Phillips - Francis and for many it will be seen as restoring a common sense position when considering qualifying works.
We have an immediate vacancy for a paralegal in our personal injury team.
Below is a list of our top tips in an attempt to avoid a Tribunal claim (or at least to give you the best possible defence if a claim cannot be avoided)
In the recent case of HMRC v Holmescales, the Employment Appeal Tribunal has, for the first time, codified the principles to be applied in determining a contract of apprenticeship at common law.
The Advocate General's opinion (which is usually followed by The Court of Justice of the European Union) in Kaltoft v The Municipality of Billund is that obesity "can" be a disability.
If a contractual warranty is untrue, the person (or company) giving the warranty may be called upon to reimburse any loss suffered by the person to whom the warranty is given.
The NMW rates are generally revised in October of each year. This yearÔÇÖs increase (effective from 1st October 2014) is believed to be set to see more than 1 million people receive a pay rise of as much as -ú355 a year.
Letting agents and property managers are to be required to join a 'redress scheme', the core aim of which is to have complaints against scheme members investigated and determined by an independent person.
Landlords with private sector residential property usually require their tenants to pay a deposit, as security for the performance of the tenancy obligations. However, this often created difficulties for tenants seeking to recover the deposit on leaving the premises.
As a general principle, the person directly responsible for the activities in question is liable, but a Landlord may be liable for the nuisance of its tenant if it either authorises the nuisance by the letting, or directly participates in the commission of the nuisance.
A recent case has considered the balance which Courts should seek to find in business lease renewal cases. Whilst not establishing new law, it does raise some interesting issues.
A director should be aware of his/her duties and of how easy it is to fall foul of the law. This is especially the case when the company is or is potentially facing insolvency.
The short answer is now - yes!! This may come as a surprise to employers, especially given that previous case law ruled against covert recordings being admissible.
It is now becoming increasingly common for home insurance policies to include legal expense insurance ("LEI") cover, either as standard or if an additional premium is paid. However, many insurers are keen to have their policyholders represented by one of their panel firm of solicitors. Clients don't have to agree to that.
On 4 July 2014, the Court of Appeal gave its judgment on three appeals from decisions regarding relief from sanctions for breaches of the court rules and/or non-compliance with the court's directions. The appeals were heard together so that the Court of Appeal could address the uncertainty brought about by the Mitchell decision, and the inconsistent ways in which the courts were applying the test for relief.
Section 48 of the Landlord & Tenant Act 1987 provides that a landlord shall give the tenant of a dwelling an address in England and Wales at which notices (including Court proceedings) can be served on him by the tenant. Landlords and tenants should know the ramifications of not having proper information about each other.
Many businesses were wrongly encouraged to purchase interest rate swap contracts to support loans offered by banks. Many businesses have hit by heavy costs and even insolvency as a result. The bank's have set aside millions of pounds to compensate businesses that were mis-sold swaps and other derivate products.
With an estimated 332,600 people of working age in the UK suffering from autism the TUC recently published guidance on autism in the workplace.
In perhaps another blow to tenants exercising a break provision in a lease, the Court of Appeal has overturned a previous decision allowing a tenant to reclaim rent paid in advance for a period after the lease has successfully been brought to an end.
The start of the 2014 World Cup in Brazil is only a matter of days away and whilst the excitement and anticipation is building, such major sporting events can give rise to work related headaches.
The Supreme Court has ruled that the whistle blowing laws apply to members of an LLP, because the member is a 'worker'.
The Defamation Act 2013 came into force at the beginning of the year. The Government has claimed that the new Act will overhaul the old law which it had described as "antiquated, costly and unfair"..
Consumer rights remains a difficult area to navigate, particularly where contracts are completed over the telephone, online, or away from your place of business.
The message from the Courts: litigants who don't observe deadlines will get no sympathy.
From 6th April 2014 the remedy of distress for rent available to commercial Landlords will be removed and replaced with Commercial Rent Arrears Recovery (CRAR). This will have a significant impact on Landlords.
Break clauses in commercial leases remain a hotly contested area, as the potential repercussions for landlords and tenants can be very significant.
Costs ruling shakes up litigation. The Court of Appeal says litigants that miss deadlines will get no sympathy.
nexus solicitors is looking to recruit real estate paralegals, to start in January 2014. Applications by covering letter and CV to Jamie Lloyd.
There is no doubt that commercial litigation is a minefield, and it's becoming even more so! Six months after the implementation of the Jackson Reforms, commercial litigation looks ever more tricky.
Reforms to allow more media access to the family courts can be made without new legislation.