Any and all information on this website is general information and is not legal or other advice.

Nexus Solicitors Limited is not responsible for any loss which may arise from relying on the information on this site.

Corporate Financial Regulation Heats Up!

The Criminal Finances Act 2017 received Royal Assent on 27 April 2017. It will have wide-reaching effect for businesses in all sectors.

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The equity of exoneration – an update

The equity of exoneration is a common law principle which relates both to the joint ownership of property and the law of sureties.

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Employment Update – August 2017

Employment law always moves at a fast pace so we’ve summarised some of the most important recent decisions and news

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Shared Parental Leave (“SPL”)

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.

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What is the difference between a lease and a licence?

The name the parties give to a document is not necessarily conclusive as to the nature of the arrangement.

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Under Regulatory Investigation? Even private documents may not be privileged.

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.

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The General Data Protection Regulation (GDPR)

The intention of the Regulation is to expand on current data protection and the provisions of the Data Protection Act 1998 (DPA).

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Criminal Finances Act 2017 (CFA)

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.

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The new Motor Insurers’ Bureau - Untraced Drivers’ Agreement 2017

The new Agreement is now in force and applies to all accidents involving untraced drivers from 1 March 2017.

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The Debt Recovery Protocol

A new pre-action protocol, in respect of Debt Recovery, will come into force from 1 October 2017.

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New Insolvency Rules

From 6 April 2017, the Insolvency (England & Wales) Rules 2016 come into force.

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Costs budgeting – an update

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.

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High Drama over High Heels

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,

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Service Charge – Fairness assessed

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.

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An affair to remember – Unauthorised access to private communications

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.

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Unreasonable Defendants will face costs consequences

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.

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Non-Disclosure Agreements – Does your business need one?

A non-disclosure agreement can provide some comfort that information disclosed should not then get misused, passed on to a competitor or made public.

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Too much Christmas “cheer” at the office party?

Whilst we all want our employees to enjoy the festivities, Christmas can throw up a number of difficult issues for employers.

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The “Gig” Economy and Uber

What is the "gig" economy?

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Holidays – where are we now?

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.

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Don’t risk a winding up petition!

If a company finds itself in financial difficulties, a creditor may issue a winding up petition.

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Short term lets and private residences

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.

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Insurance Act 2015

A summary of the key changes relating to the obligations of the parties and the consequences of any breach.

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Vendor remedies: Purchaser refusing to complete

A recap of the remedies available to a vendor when a purchaser has exchanged contracts for a property but then refuses to complete

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Copyright: Photo opportunities…

It is easy to cut and paste images from the internet, and use them, so why not..?

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Register of Persons with Significant Control Regulations 2016

From 6 April 2016 most Corporations have been required to maintain a register of persons who have a controlling interest over the Corporation.

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Immigration Act 2016 – Employment issues

Provisions of the Immigration Act 2016 come into force on 12th July 2016

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The Alterations Protocol

A new Alterations Protocol has been issued for use in situations where a leaseholder wishes to carry out alterations to a demised property

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Relief from forfeiture – Landlords take note!

A commercial tenant made a successful claim for relief from forfeiture some 14 months after the landlord had changed the locks.

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Euro 2016…are you in or out?

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.

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Can a tenant carry out energy efficiency improvements?

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.

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Directors’ disqualification proceedings – What is the current position?

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.

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Dangerous Dogs – your right to claim

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);

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National Living Wage – What you need to know

The National Living Wage (NLW) will be introduced with effect from 1st April 2016.

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Changes to copyright laws for furniture design

An EU ruling concerning furniture design extends copyright from 25 years to the term of the life of the creator plus 70 years.

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Interpreting contracts

The Supreme Court recently had to consider whether commercial common sense could defeat a contractual provision which seemingly defied it.

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When are employers responsible for their employees’ actions?

Two cases before the Supreme Court earlier this month appear to have taken the principle of vicarious liability into new realms.

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Right to private life v Right to monitor

An employer was found not to have breached the employee’s right to confidentiality by accessing his personal communications.

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SDLT Changes from 1 April 2016: will you be affected?

From 1 April 2016, individuals purchasing additional residential properties may be subject to a higher rate of stamp duty land tax.

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Bankruptcy changes

On 1 April 2016, all bankruptcy petitions issued by debtors themselves will be made online.

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Does your tenant have the ‘right to rent’?

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.

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Confidential fee agreements in insolvency cases

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,

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Winter holiday accidents

If you are about to head off for a winter holiday, here are a few pointers to consider.

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Overstaying your welcome: are parking fines fair?

The Supreme Court has found that an £85 fine for overstaying the permitted time in a car park was not unfair

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Directors – Are you fulfilling your duties?

Directors’ duties, once unwritten, are now formally set out in the Companies Act 2006.

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Responsibility for service charge following the sale of a property

What is the position when that property is sold?

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Shareholders – What are your rights?

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.

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Repairing clauses in commercial leases

Most commercial tenants have a full repairing obligation and many do not realise what that means.

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Breaking up is hard to do – Part 3!

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?

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New regulations for the handling of pre-pack administrations

The Insolvency Practitioners Association updates its existing guidelines and regulations.

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Race at work report

A recent Business in the Community survey was published in November 2015 with some concerning results regarding workplaces throughout the UK

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Insolvency proceedings – Deposit increases

From 16 November 2015, the Court fees and Official Receiver’s deposit payable on petition for bankruptcy or winding up have increased.

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Indirect Discrimination SHOCK!

A recent ruling in the European Court of Justice could have a shocking impact upon UK indirect discrimination laws.

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Droning on…

There are a host of legal issues that can arise or be engaged by the operation of a drone.

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Pension Sharing Orders on divorce

When considering an appropriate financial settlement the Court has the power to divide pension assets.

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Disclosure in divorce cases – the decisions in Sharland and Gohil

Balancing the importance of upholding final decisions against the duty of providing full, frank and transparent disclosure.

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Important changes to section 21

New Regulations apply to tenancies created from 1st October 2015, and amend all tenancies from 1st October 2018*

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The Consumer Rights Act 2015 – What you need to know

The old rules will apply to everything bought before 1st October, even if the problem occurs after that date.

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Increase in bankruptcy threshold

On 1 October 2015, the bankruptcy threshold will be raised from £750 to £5,000

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Bankruptcy annulment

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.

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E-cigarettes at work?

Should employers permit the use of e-cigarettes in the workplace?

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Section 21 notices

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

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Separated parents taking children abroad

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.

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Booked it, packed it, planned it?

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.

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What are zero hours contracts?

A zero hours contract is one where the employer is not obliged to provide a minimum number of working hours.

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Why landlords and tenants need to consider the Energy Act 2011

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.

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Administration- who gets paid first?

A queue of creditors awaiting payment from a company will be ranked in priority according to certain criteria.

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Can the right to manage be exercised in relation to multiple buildings?

The Court of Appeal has considered whether a RTM company could acquire management of more than one premises

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What does “without prejudice” mean?

If not used appropriately this could potentially cause issues for you in the future.

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Employee Benefit Schemes – Are you registered online?

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.

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Shared Parental Leave

Parents are now permitted to share time off upon the birth or adoption of their child.

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Business lease renewal – Intention to develop

Objecting to the granting of a renewal lease when the Landlord intends to redevelop

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New regulations on the supply of heat in multi-let buildings

New requirements on suppliers of heat, which affect landlords of multi-let commercial, residential and industrial buildings.

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The perils of an unwanted tenancy

Options and issues on the expiry of an excluded tenancy...

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Does your service charge include the costs of litigation?

It is important to have carefully drafted service charge provisions.

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Dishonest evidence

The possible consequences of a party lying whilst giving evidence.

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Spousal Maintenance

Guidance as to Spousal Maintenance has now been provided by the Courts.

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Corporate Paralegal Position

nexus solicitors is looking for an experienced corporate paralegal to help cover maternity leave of an associate solicitor.

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Courts 'like' the option of serving by Facebook

Social media is becoming increasingly accepted as a procedural tool.

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Signing Leases

Courts supporting the view that a property contract no longer needs to be "signed" by a person writing his name with his own hand.

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Increasing court fees: is this access to justice?

Increases in Court issue fees are expected to come into force from 9 March 2015.

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Behind the corporation

Does your business have the protections, agreements, and arrangements in place to ensure that it can bear the scrutiny of prospective investors?

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Social Media and Employees

Social media is everywhere and an increasing number of businesses use it to their advantage.

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Intermediate landlord's liability for repair of common areas

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?

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Landlord's rights on corporate tenant liquidation

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.

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Stamp Duty Land Tax: What's changed?

From 4 December 2014, the rules used for calculating stamp duty land tax ("SDLT") have changed.

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Protecting insurers from fraudulent devices

The Court of Appeal confirmed in October that where fraudulent devices have been employed in bringing an insurance claim, the entire claim is forfeit.

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Directors' details address for service

Company directors planning to move abroad must ensure that their details are updated at Companies House.

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Tips for separating parties don't overlook the details

If you are considering separation, we recommend you give the following matters some thought.

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Financial settlement on divorce - the duty of disclosure

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.

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What are your rights as a father?

There is a common assumption that mum has the last word on all issues relating to your children - that is not the case.

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Working Together Regarding Consent To Assign Or Sub-let

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.

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Service Charge Consultation For Qualifying Works

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.

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Paralegal Vacancy

We have an immediate vacancy for a paralegal in our personal injury team.

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Top Tips for Employers

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)

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Apprentices

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.

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Is Obesity A Disability?

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.

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What is a Warranty?

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.

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National Minimum Wage

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.

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Redress Schemes For Letting Agents and Property Managers

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.

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Tenancy Deposits

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.

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Can A Landlord Be Liable For Nuisance Caused By Its Tenant?

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.

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How Long Should A Renewal Lease Be?

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.

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A Possible Interest Rate Rise - is it all doom and gloom for home buyers?

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Directors' Duties When Facing Insolvency

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.

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Covert Recordings are they admissible in Employment Tribunal Proceedings?

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.

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Legal Expense Insurance - Freedom of Choice of Solicitor

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.

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Finally, Some Relief!

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.

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Know Your Landlord

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.

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Firms Sue for Rate Swap Damages

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.

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Autism in the Workplace

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.

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Breaking Up Is Hard To Do - Pt 2

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.

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World Cup Worries!

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.

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Is an LLP member a 'worker'?

The Supreme Court has ruled that the whistle blowing laws apply to members of an LLP, because the member is a 'worker'.

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Defamation Act 2013 - A free rein to defame?

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"..

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Consumer Contracts ÔÇô protecting your business as well as the consumer

Consumer rights remains a difficult area to navigate, particularly where contracts are completed over the telephone, online, or away from your place of business.

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Don't Miss Litigation Deadlines!

The message from the Courts: litigants who don't observe deadlines will get no sympathy.

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End Of Distress In Leases

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.

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Breaking Up Is Hard To Do

Break clauses in commercial leases remain a hotly contested area, as the potential repercussions for landlords and tenants can be very significant.

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Compliance at all costs

Costs ruling shakes up litigation. The Court of Appeal says litigants that miss deadlines will get no sympathy.

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Paralegal vacancies at nexus solicitors

nexus solicitors is looking to recruit real estate paralegals, to start in January 2014. Applications by covering letter and CV to Jamie Lloyd.

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What price litigation?

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.

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Family transparency guidelines this year: Munby

Reforms to allow more media access to the family courts can be made without new legislation.

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