New code on discipline, dismissal and grievance
The statutory disciplinary & dismissal and grievance procedures, introduced in October 2004, are shortly to be replaced. These statutory procedures, brought in five years ago, were intended to reduce the…
Sick leave and holiday rights
In January this year, the European Court of Justice handed down a ruling on holiday entitlement during long-term sick leave. It comes as a real blow, particularly to smaller employers…
House of Lords overturns decision in Yeomans v Cobbe
In November 2006, we reported on a Court of Appeal decision that seemed to widen the scope for claimants to secure a substantial interest in property, even without a written…
Obscure legal terminology: Surrender
The word ‘surrender’ is not so much an obscure term, just one that is much misunderstood, in legal terms at least. Nothing to do with Napoleon and Waterloo (although it…
Retention of title clauses - one to include in your terms of business
Retention of title clauses are a good thing to have in your terms of business – particularly in a harsh climate. They allow you to retain ownership of the goods…
Resolving disputes in the current economic climate
In a climate where purse strings are being tightened, businesses are more inclined to challenge their liabilities in the hope of securing a better deal. This can lead to cash…
Laying off staff
With an uncertain spell in prospect, a number of clients have asked for advice on laying off staff. One, for example, runs a seasonal business and needs to reduce overheads…
Relaxation in rules on nil-rate band
Various changes in the trusts and tax world seem to have led to a mistaken belief that the nil rate band has doubled since last October. This is not so.…
Comparative advertising; don't get caught up in civil and criminal liability
In an increasingly competitive world, businesses are turning to more aggressive advertising strategies. One example of these is ‘comparative advertising’ or CA. The term describes any advertising in which a…
Commercial property leases; pitfalls for landlords to consider
The past decade or so has been as changeable a time as any for commercial property professionals, says Nick Cox. We have revised our views on aspects of commercial leases,…
Competition law; failing to comply can have serious consequences
Failing to comply with competition law can have serious consequences. An errant business may face fines of up to 10 per cent of turnover as well as finding that its…
Legal ‘discretion’ may help defaulting buyers reclaim deposit
In a difficult market it is inevitable that more land sales will fall through, some even after contracts have been exchanged and deposits paid. It is a standard requirement in…
Overage payments
Overage is the legal device by which a seller can benefit from an uplift in the value of land after he has sold it. It is becoming increasingly popular as…
Planning permissions do not extinguish private rights
If you want to change the use of land or develop on it, you need planning permission – but that’s not the whole story. As a recent case shows, having…
Newts v wet feet - potential impact of the Wildlife and Countryside Act
The Wildlife and Countryside Act 1981 can have an impact on building work close to or adjoining any waterways. Under the Act, it is an offence to intentionally kill or…
Benefits of becoming an LLP
Limited liability partnerships have now been around for some seven years. Many partnerships have converted, as we ourselves have just done, and new start-ups are increasingly opting for the flexibility…
Long-term absentees and sick pay
We are often consulted about long-term absentees and whether they are protected by the Disability Discrimination Act (DDA). One particular concern is whether employers should continue to pay full sick…
Rewriting the employment contract
Clients often want to know whether they can alter clauses in employees’ contracts, eg changing their place of work or working hours. Many contracts have a clause reserving the employer’s…
Flooding and drainage – proposals for planning
Since last summer’s floods, various reports have indicated that flooding is likely to increase as a result of climate change. Sir Michael Pitt was appointed to review the flood related…
Planning and Energy Bill
This Bill had its second reading in the House of Lords in June. One of its aims is to reduce the amount of energy a building needs and ensure that…
Divorce, court orders and bankruptcy
A heady mix indeed, and the recent case of Haines v Hill involved all three. The decision was an important one and divorce lawyers were hugely relieved at the outcome.…
Illegal workers – a growing risk for employers
In the past couple of months there has been a sharp increase in the number of employers being prosecuted for hiring illegal immigrants. Since February, when there was a change…
Mental capacity and all that
The Mental Capacity Act 2005 has now swept in a new regime – replacing old-style enduring powers of attorney with new-style lasting powers of attorney. There are benefits and greater…
Schedules of condition
A schedule of condition is intended to be an accurate and fair record of the state and condition of a property at a particular time. We look at some of…
Bouncing all the way to the bank
With gloomy predictions of a credit crunch and economic downturn, inevitably more and more customers will be unable to pay for goods or services they have been supplied with. This…
When business partnerships go wrong (and how to avoid it)
Our dispute resolution team deals with many partnership disputes and in the vast majority, no partnership agreement has ever been set up, says Paul Gordon. When business partnerships go wrong,…
A case of mistaken identity?
When was the last time you opened a bank account? Or took out a loan or credit card? If you already had an account with the very same bank, you…
Who employs the agency worker?
The question of agency workers and who actually employs them has rumbled on for many years. The last milestone case on the issue was Brook Street Bureau v Dacas, which…
Why handling your own divorce is a bad idea
Heather Mills’ decision to represent herself in her divorce proceedings against Sir Paul McCartney was at the very least unusual, given the huge sums involved. But the practice is becoming…
Energy performance certificates (EPCs); how are your energy levels?
Energy performance certificates (EPCs) are the new ‘must have’ – you must now have one if you are selling or renting residential properties. It is not so well known, however,…
Ho Ho Ho Hum!
One of our employment lawyers offers some tips to avoid post-office Christmas party blues! Office Christmas parties can be trouble on legs. Believe me – like all employment lawyers, I see…
Swearing at work – what the &*%@?
According to a recent study, swearing at work can help employees cope with stress. The study into leadership styles, carried out by academics at the University of East Anglia, warned…
Thinking of selling your business? Legal tips for an effective exit strategy
The decision to sell a business may be triggered by any number of reasons: lack of management succession; ill health; the burden of managing the organisation, or simply the wish…
Offers to settle a dispute before it proceeds to trial
Historically, a litigant who refused an offer that was not beaten when the case went to trial could incur adverse costs orders and substantial interest. Part 36 offers were introduced…
Without prejudice privilege
We often find that those involved in a legal dispute are unaware of ‘without prejudice privilege’ or how to use it to their advantage. Associate Paul Gordon has prepared some…
Obscure legal terminology; mesne profits
If you ever get involved in commercial property, you may come across the rather obscure term ‘mesne profits’. Nick Cox explains what it means .. and how to pronounce it.…