The penalties of being a hirer
A seller should be wary of what it may not be leaving behind.
The pitfalls of development: dealing with rights to light
The recent decision in HKRUK II (CHC) Ltd v Heaney has emphasised the risk to developers of progressing their construction works without first resolving issues with neighbours who claim that the development will effect their right of light.
The Pitfalls of Part 36 - a new focus
The purpose of this article is to consider the impact of the relatively recent changes to Part 36 of the Civil Procedure Rules and, thereafter, to provide practical advice on how to avoid the resulting dangers and pitfalls that are now associated with this established area of law.
The Potential Liability of Surveyors Acting as Experts
Article written by Andrew Olins for the RICS Commercial Property Journal (September/October 2008)
The religious discrimination issue
The Church of England has recently attempted to reopen the long-running debate over the issue of religion (and religious expression) in the workplace. As Jonathan Bruck describes, the legal position on this is far from straightforward.
How far employers should go in accommodating the religious needs and requirements of staff is an issue that typically polarises opinion. The Church believes that some employers do not go far enough. A senior figure at the Church urged the government to tackle employers who give expressions of faith as automatically “offensive” and expressed “great concern” over what he believes are employers who overreact to expressions of faith in the workplace. However, there are others who believe that some employers are too accommodating (to the detriment of other staff and the business).
The S-word
The issue of sustainability can no longer be ignored, least of all by the construction industry.
The Site Waste Management Regulations 2008: A Summary
According to the Strategy for Sustainable Construction (a joint industry and Government initiative published in June 2008), the construction sector in England generates 90 million tonnes of inert waste each year, 25 million tonnes of which ends up in landfill.
The UK Bribery Act - One Year On
The first anniversary of the coming into force of the UK Bribery Act 2010 (the ‘Act’), 1st July 2012, is swiftly approaching. Yet, to date, the Serious Fraud Office (‘SFO’) has brought only one prosecution — against a low level court clerk. Some might argue that the Act is a far cry from the hard-hitting tool against corruption that SFO director, Richard Alderman, was heralding back in 2011, before the Act came into force.
True, no criminal statute has retrospective scope, so the Act can only be applied to acts which have occurred afterthe 1st July 2011. Add to this the fact that, in many cases, investigations into allegations of commercial bribery will necessitate long and complex investigations. Nonetheless, it is difficult to see how — with the Act’s simple and clear cut provisions — the SFO has not been able to secure any more than one conviction under this legislation to date.
The Vetting and Barring Scheme
Part of the IBB Charities team 5 minute guide to... series, this briefing looks at the vetting and barring scheme. The Scheme requires that those who work or volunteer with children or vulnerable adults and carry out “regulated” or “controlled” activities on a frequent, intensive or overnight basis, must register with the Independent Safeguarding Authority.
To be or not to be (an LLP)
LLPs can be complex and costly to set up but can offer members long-term benefits.
To tax or not to tax
In an increasing number of circumstances, payments in lieu of notice are becoming taxable.
Tribunal claims under the transitional retirement provisions
On 6 April 2011, the Employment Equality (Age) Regulations 2006 (“the Regulations”) were repealed, meaning that retirement could no longer be a potentially fair reason for dismissal. Transitional provisions are in operation in respect of retirements where notifications were given before 6 April 2011.
The case of Bailey v R&R Plant (Peterborough) Ltd UKEAT/0370/10 identified a potential problem in respect of retirement notifications which could have implications for many employers who retired employees last year. Jonathan Bruck of IBB solicitors explains.
Unfair dismissal?
In some circumstances, an employee resigning in the heat of the moment can be construed as an unfair dismissal.
Update on Commercial Agents Regulations
The decisions in two recent cases may prove to have a far-reaching impact upon the future interpretation of the regulations, and upon the formulation of commercial agency agreements.
User principle in accessing damages in trademark cases
Mark Lewis reviews a case that raises some interesting points on deciding damages in trademark infringement cases. (Originally published in Intellectual Property magazine)
Vanishing Point: Concerns for clinical negligence claimants
This article originally appeared in the Law Society Gazette, in December 2010.
Coupling costs reform with legal aid cuts could cause calamity for clinical negligence claimants, argues Malcolm Underhill.
Various Claimants v Catholic Child Welfare Society
Malcolm Underhill, specialist personal injury solicitor and member of the Association of Child Abuse Lawyers, comments on the most recent judgement of the Court of Appeal, in this developing area of civil law.
The Court of Appeal, in its most recent pronouncement on child abuse law, has limited the extent to which organisations may be liable for the physical and sexual misconduct of its members.
VAT and Property: the Option to Tax
The aim of this note is to provide a general background to the option to tax rules and set out the operation of those rules in the context of the amendments which were introduced to the VAT Act 1994 (“VATA”) in 2008 and 2009.
Volunteers not covered by discrimination legislation
Approximately 18 million people give their time to volunteer in some way each year. It was no insignificant matter then when the question of whether volunteers are protected by discrimination legislation fell to be decided by the Court of Appeal at the end of last year in the case of X v Mid Sussex Citizens Advice Bureaux and others.
West London Retail – Survival of the Fittest?
The Government has announced its intention to turn around the fortunes of Britain’s suffering high streets after data has shown that the number of vacant shops has tripled to more than 14 percent since 2007.
What's yours is mine
The established law on adverse possession in relation to registered land has come under attack in recent years
When is a subject to contract agreement a binding contract?
On 10 March 2010, the Supreme Court handed down a decision in RTS Flexible Systems Ltd-v-Molkeroi Alois Muller GMBH [2010] UKSC 14. The Supreme Court had to determine the deceptively simple question of whether or not the parties had entered into a contract in circumstances where the parties never signed a formal written agreement, which was expressed to be subject to contract.
When is use of a trade mark in the EC not use of a trade mark in the EC
When is the use of a trade mark in the EC not use of a trade mark in the EC? This issue arose in the case of Leno Merken B.V. v Hagelkruis Beheer B.V. It may have profound implications as regards the right to use trade marks in the EC.
Who will make decisions for you?
Recently, the Court of Protection refused to allow the withdrawal of artificial nutrition and hydration to a woman in a minimally conscious state. Maybe you think this has little relevance to most of us. In this case, the Court decided (against the wishes of the family, who had the support of treating doctors) that they should take all steps to preserve life. The Mental Capacity Act 2005 requires the Court to take into account the wishes and feelings of the patient when determining what is in their best interests. Although in this case, the patient had expressed views before she became ill, there was no formal Advance Decision in place stating that she wanted artificial nutrition and hydration withdrawn in these circumstances.
Why the Big Society does not offer a Fair Deal for Charities
The Coalition has a driving ambition: to put more power and opportunities into people’s hands. A key part of this is the opening up of public services enabling charities, social enterprises, private companies and employee-owned services to compete to offer people high quality services.
Widening the net
Two recent cases have provided useful reminders of some of the areas the liquidator can investigate to recover funds into the company extracted by inappropriate transactions.
Working Time (Amendment) Regulations 2007
From 1 April 2009, all workers will be entitled to take paid bank holiday leave.
