The case of the dodgy banister
It is common for tenants to make alterations to their properties. Generally these are approved by the landlord but not always. A recent High Court decision is a reminder to…
Emma Thompson LLB (Hons)
Senior associate, solicitor
Wheel clamping – the new picture
From October, it became a criminal offence to wheel-clamp on private land. The few exceptions relate to government agencies and, for example, some car parks that may be used by…
Alasdair Garbutt LLB (Hons)
Partner
The madness of boundary disputes
Boundary disputes can be a nightmare for all concerned. Those involved are often prepared to fight tooth and nail over the smallest strips of land and emotions can run high.…
Nick Southwell BA (Hons)
Partner
Social media - be careful what you post!
Many employers now actively encourage staff to use social media, such as Linkedin and Twitter, to boost the firm’s online profile. But there can be all sorts of consequences when…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Live/work use for planning purposes
The description ‘live/work accommodation’ is often used for a barn or other rural property that has been converted for domestic use. For planning purposes, this use is classed as sui-generis…
Adam Hale BA (Hons), TEP, FALA
Partner
Maximising empty rates relief
The recent case of Makro Properties Limited and another v Nuneaton and Bedworth Borough Council provides businesses with an opportunity to save business rates by extending empty rates relief. Commercial property…
Alasdair Garbutt LLB (Hons)
Partner
New dawn for data protection
Although ‘the paperless office’ is still a way off, we are all now processing and storing more digital material than ever. One consequence of this shift to digital-only working is…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Enforcing restrictive covenants
A recent case illustrates the difficulties employers can face when trying to enforce restrictive covenants in employment contracts. In CEF Holdings Ltd v Mundey and others, the court refused to…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Plans to boost UK house building, jobs and the economy
The government’s recently announced ‘major housing and planning package’, aims to boost affordable housing, the construction sector and major infrastructure projects. These are some of the measures: Developers who can…
Alasdair Garbutt LLB (Hons)
Partner
PCC members and chancel repair liability
Many are concerned that members of parochial church councils (PCCs) could be held personally liable if they fail to enforce chancel repair liability. In some cases, owners of former Church…
Adam Hale BA (Hons), TEP, FALA
Partner
Livestock on public rights of way
Where does a farmer stand legally if his livestock strays on to a public right of way or access land? Is he liable if his livestock injures someone while they…
Adam Hale BA (Hons), TEP, FALA
Partner
YouView loses High Court appeal against Trade Mark Registry finding over brand name owned by Total
Willans LLP solicitors, acted on behalf of Total Ltd. assisting them to successfully resist an appeal to the High Court in respect of the ‘youview’ brand. On 9 November 2012…
Paul Gordon LLB
Partner
Squatting is now a criminal offence
Squatting in a residential building became a criminal offence, as of September this year. There is a maximum prison term of six months and/or fines of up to £5000. Although…
Nick Southwell BA (Hons)
Partner
Horses and the UK planning system
Horses make up an expanding part of the rural economy but, because they are not usually classed as ‘agricultural’, they often present problems for planning purposes. Defining agriculture The definition…
Adam Hale BA (Hons), TEP, FALA
Partner
Promotion agreement; unlocking the potential for developers
In the current climate, it remains hard, if not impossible, for developers to access bank lending to finance the acquisition of development sites. This makes it particularly difficult for those…
Alasdair Garbutt LLB (Hons)
Partner
Limit risk of discrimination claims
A recent discrimination claim brought against leading local employer GCHQ underlines the risks to businesses of discrimination in the workplace. Alfred Bacchus, a press officer, brought a number of claims…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Farming vital to Gloucestershire
The importance of farming to Gloucestershire’s economy has been underlined by the National Farmers’ Union (NFU). They state that 74 percent (224,262 hectares) of the county’s land area is farmed…
Adam Hale BA (Hons), TEP, FALA
Partner
Investment opportunities in agri-business
While our August Bank Holiday weekend brought yet more wet and unsettled weather, the story is quite different in the US. Severe droughts in America are affecting the corn and…
Adam Hale BA (Hons), TEP, FALA
Partner
Break notice traps
If business tenants want the freedom to exercise breaks in order to move elsewhere, they must pay scrupulous attention to the wording of the break clauses in the lease. Our…
Alasdair Garbutt LLB (Hons)
Partner
Fixed-term contracts
If employers decide not to renew fixed-term contracts, are they at risk of claims of unfair dismissal or redundancy? The issue arose in a recent case where tribunal action was…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Staff can get back holidays if they fall sick
Workers who fall ill during their holidays are entitled to reclaim the time off at a later date, following a ruling at the end of June from the European Court…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Compulsory retirement - an age old problem
Two recent Supreme Court decisions have addressed the area of compulsory retirement. It remains a legal minefield and has become more complex still since the default retirement age was scrapped.…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Mediations on the increase
CEDR, the dispute resolution body, conducted a mediation audit in 2012 for civil and commercial mediators and has recorded that the annual number of mediations has risen from 6,000 to…
Paul Gordon LLB
Partner
The way the cookie crumbles …
Most businesses these day use cookies on their websites – either to assist with the browsing experience enjoyed by end-users or to collect vital data about how the site is…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Are you using images on your website illegally?
Using images on your website without the permission of the person who owns the copyright can be risky and potentially expensive, as one charity discovered. DARE (Drug Abuse Resistance Education) works…
Paul Gordon LLB
Partner
Mind your manors!
What are ‘manorial rights’? They are rights an estate may possess by virtue of owning the lordship of the manor. Sporting rights, mineral rights, the right to hold fairs and…
Adam Hale BA (Hons), TEP, FALA
Partner
Difficulties of enforcing restrictive covenants in employment contracts
A recent High Court case highlighted some of the difficulties employers can face in trying to enforce restrictive covenants in employment contracts. In the case – CEF Holdings Ltd v…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Review of the Construction (Design and Management) Regulations 2007
The regulations were originally introduced in 1994 with the aim of reducing injury and fatalities in the construction sector by improving the management of health, safety and welfare throughout the…
Nigel Whittaker BA (Hons)
Partner
Online bookmaker lost out on small print
The recent High Court decision in Spreadex Limited v Cochrane acts as a warning to businesses on the enforceability of online terms. In this case, the court ruled that there…
Paul Gordon LLB
Partner
Defamation - new law may put an end to online anonymity
It is often said that the internet is a ‘law-free zone’ where users can say or do as they please. This may be about to change. New legislation is being…
Paul Gordon LLB
Partner
Bringing a claim for commercial fraud
The term ‘commercial fraud’ is a broad description covering many different activities. Possible causes of action resulting from the fraud might include ‘undue influence’ or ‘abuse of confidence’. Judges have…
Paul Gordon LLB
Partner
Economic duress: ‘illegitimate pressure’ requirement may include threats of lawful action
Businesses must always pursue their own interests during commercial negotiations but there are various legal principles that operate to limit abuse of a strong position. One of these is the…
Paul Gordon LLB
Partner
Planning enforcement changes – deliberate concealment
This month (April 2012) a new Bill comes into effect, bringing with it wide-ranging changes to time limits for enforcing breaches of planning control in cases of so called ‘deliberate…
Alasdair Garbutt LLB (Hons)
Partner
When can a director claim joint privilege?
Are directors entitled to claim ‘joint privilege’ if the company’s lawyers give advice that affects them personally as well as the business itself? A recent case has helped clarify a…
Chris Wills LLB (Hons)
Partner
Cross-border debt recovery (EAPO)
A proposal to make cross-border debt collection much easier was adopted by the European Commission in July 2011. One of our litigation lawyers reports on the UK’s decision not to…
Paul Gordon LLB
Partner
Severe penalties for asbestos offences
Statutory obligations have been in place for some time now, the most recent being The Control of Asbestos Regulations 2006. They impose a duty on all ‘duty holders’ (eg owners…
Nick Southwell BA (Hons)
Partner
