Disciplinary procedure
Even though the statutory dismissal and grievance procedures were scrapped last year, the case of Sarkar v West London Mental Health NHS Trust is a reminder of the need to…
Nick Cox LLB (Hons)
Consultant, solicitor
News from the sharp end
The number of people seeking to resolve a workplace dispute by going to tribunal has shot up since the start of the recession, with around 90,000 cases heard last year…
Nick Cox LLB (Hons)
Consultant, solicitor
The latest statutory limits
This is a reminder of the latest statutory limits (at July 2010). No change this year to the limit on a week’s pay for the purposes of calculating redundancy payments.…
Nick Cox LLB (Hons)
Consultant, solicitor
Health warning for occupiers
A recent High Court decision has confirmed that owners or occupiers of land adjoining a development site cannot enforce the provisions of a section 106 agreement between a local authority…
Nigel Whittaker BA (Hons)
Partner
Insolvency streamlined
Insolvency amending rules came into force in April this year, modernising insolvency practices and procedures. A Willans solicitor reports on some of the more notable changes. The new rules have made…
Chris Wills LLB (Hons)
Partner
Impact of Emergency Budget on matters affecting private client tax
The Emergency Budget presented by the Chancellor on 22 June was less dramatic than many commentators had expected in terms of matters affecting private client tax. A Willans Partner comments…
Simon Cook LLB (Hons), TEP
Partner
Software - avoiding the bugs
As well as being expensive in terms of time and money, developing customised software can be a legal minefield, particular in relation to copyright and ownership. How can you make…
Paul Gordon LLB
Partner
A matter of jurisdiction
Litigating in a foreign jurisdiction can be inconvenient, uncertain and generally unattractive. Paul Gordon gives a run-down on the regulations, known as Rome I and Rome II, recently introduced with…
Paul Gordon LLB
Partner
Think dispute, think ADR
ADR is alternative dispute resolution – a range of options for resolving disputes without going to court. Methods of ADR include mediation, adjudication, arbitration, conciliation and ombudsman schemes. In recent…
Nick Cox LLB (Hons)
Consultant, solicitor
Downturn creativity for landlords
In the present economic climate, its no surprise that more tenants are defaulting or using break rights to terminate their leases. Firms in difficulty will try to restructure in order…
Nigel Whittaker BA (Hons)
Partner
Closing the stable door
Selling to a developer can be a good way of getting money from land that is not required by its owner. But both parties should know exactly what they are…
Nigel Whittaker BA (Hons)
Partner
VAT changes hit charities
Recent changes to the VAT regime could have a big impact on charities wishing to acquire or construct buildings. If a charity acquires or constructs a new building to be…
Nigel Whittaker BA (Hons)
Partner
Buying bust businesses
Based on previous post-recession trends, business failures are likely to go on rising for some time to come with an increasing number of insolvent businesses up for sale at knock-down…
Chris Wills LLB (Hons)
Partner
"Fit" for work?
Willans have been following the progress of the imminent new ‘fit notes’ scheme. Significantly, the main priority appears to be the interests of employees who are off sick. Scant account…
Nick Cox LLB (Hons)
Consultant, solicitor
Holidays at short notice
Under the Working Time Regulations, the statutory holiday must be taken in the holiday year it is due. Contracts often require staff to give reasonable notice before taking a holiday.…
Jenny Hawrot LLB (Hons)
Partner
Why apply for a job you don’t want?
A recent case may prompt employers to be on the alert for the so-called ‘serial litigant’, reports a Willans Partner. In the employment context, these are often people protected by…
Willans
Solicitors
Whistleblowing’ changes
Changes affecting whistleblowing claims come into effect in April. Employment tribunals will have new powers to pass on information about public interest disclosures to relevant industry regulators where the claimant…
Nick Cox LLB (Hons)
Consultant, solicitor
Ding dong merrily ..
If you’re planning to grub up your apple and pear orchards in the New Year, go fishing in the Lower Esk without permission or sell a game bird killed on…
Nick Cox LLB (Hons)
Consultant, solicitor
Pre-packs under fire
The increasing use of pre-pack administrations is attracting much attention and raising a number of concerns. Earlier this year, a report by the BERR Committee (Department for Business, Enterprise &…
Chris Wills LLB (Hons)
Partner
The less said the better
In Inclusive Technology v Williamson, the landlord had to compensate the tenant for failing to inform him that he had decided not to go ahead the redevelopment work that had…
Nigel Whittaker BA (Hons)
Partner
Carbon reduction scheme
On 1 April 2010 a mandatory emissions trading scheme known as Carbon Reduction Commitment comes into force. The CRC is designed to encourage businesses to reduce their carbon footprint. It…
Nigel Whittaker BA (Hons)
Partner
The cost of contamination
A significant land contamination case was concluded recently, when the former owner and the developer of a site in Hertfordshire lost their appeal against an environmental remediation notice. The Secretary…
Nigel Whittaker BA (Hons)
Partner
Working with children
There have been enough howls of protest and ridicule about the new Independent Safeguarding Authority and its sweeping remit, without the need for more of the same from us. The…
Nick Cox LLB (Hons)
Consultant, solicitor
Leaning over backwards to be ‘PC?'
We live in an age where political correctness is all. Like it or not, we have to operate in this regime, but some are going too far, not least in…
Nick Cox LLB (Hons)
Consultant, solicitor
More on sick leave and holidays
The case in question was Pereda v Madrid Movilidad SA. Mr Pereda worked for the vehicle impounding department of Madrid City council. The Case- Facts He had booked annual leave…
Nick Cox LLB (Hons)
Consultant, solicitor
A tale of two legal systems
Nick Cox has been taking a wry look at a string of court decisions filtering across from the US that highlight the gulf between our respective approaches to compensation. In…
Nick Cox LLB (Hons)
Consultant, solicitor
Charging orders survive bankruptcy
A recent decision will come as some relief to creditors who have benefit of a charging order. In Nationwide Building Society v Wright & Another [2009], the Court of Appeal…
Willans
Solicitors
Exclusion clauses
A recent important decision is worth knowing about as it has the potential to significantly affect the enforceability of exclusion clauses. In the light of the decision, you may wish…
Paul Gordon LLB
Partner
First corporate manslaughter charge
The prosecution of a Birdlip-based geotechnical company began in June at Stroud Magistrates’ Court, marking a new chapter in English law. It is the first case brought under the Corporate…
Nick Cox LLB (Hons)
Consultant, solicitor
When unwelcome guests come to call …
When property litigation lawyer Nick Cox receives an urgent call first thing in the morning from a director or property manager, he has a fairly good idea of what is…
Nick Cox LLB (Hons)
Consultant, solicitor
Energy from biomass
Renewable energy is a hot topic at present. Some of the ‘big subjects’ under debate are the need to increase low carbon energy production to enable the UK to meet…
Nigel Whittaker BA (Hons)
Partner
Farmer wins claim over deceased relative’s farm
We have reported before on a case in which the courts applied a remedy known as proprietary estoppel. This is a means by which property rights may be affected or…
Nigel Whittaker BA (Hons)
Partner
Derogation from grant: you can’t give with one hand and take with the other
A recent Court of Appeal decision is a reminder of the legal principle of ‘derogation from grant’. This is a legal term for the rule of common honesty meaning someone…
Alasdair Garbutt LLB (Hons)
Partner
Plugging the gap
A letter of intent can be a useful device to plug the gap during commercial negotiations pending agreement of a final contract. However, for those involved in the legal process,…
Chris Wills LLB (Hons)
Partner
Tips won’t count towards wage
Using tips to make employee’s pay up to the national minimum wage (NMW) levels is to be outlawed from October this year. The government’s decision followed consultation on the use…
Nick Cox LLB (Hons)
Consultant, solicitor
Unfair dismissal claim - beyond belief?
An executive sacked from a giant property company has successfully claimed he was unfairly dismissed because of his ‘philosophical belief in climate change’. The claimant, Tim Nicholson, had been made…
Paul Gordon LLB
Partner
