Make the most of employment law reforms
Much has been written about this year’s employment law reforms, mainly by employment lawyers looking to pick holes in the Government’s proposals. However, there are ways in which shrewd business…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
New opportunities for developers
In an effort to boost the economy, the government has announced that from 30 May 2013, agricultural buildings of up to 500 square metres are covered by new permitted development…
Adam Hale BA (Hons), TEP, FALA
Partner
Should a charity enter into an authorised guarantee agreement?
As numerous traditional high street retailers feel the economic pinch caused by ongoing poor trading conditions and internet competition, many charities are taking advantage and are increasing the number of…
Alasdair Garbutt LLB (Hons)
Partner
Celebrating the best of Gloucestershire
We are delighted to be one of the sponsors of this year’s Taste of Gloucestershire Food and Farming Awards and, in particular, to be sponsoring the award for “Best Farmer”.…
Willans
Solicitors
Don’t click now and think later
In recent years, social media sites have provided the general public with a platform for sharing news and views on all sorts of matters. Naturally, some of the comments made…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Invoicing Q&A
As suppliers tighten their credit control systems and customers look for more favourable payment terms, Paul Gordon, our dispute resolution partner, answers common questions on invoicing and payment obligations. Q1:…
Paul Gordon LLB
Partner
New share buyback scheme
Share buybacks enable a company to purchase its own shares from one or more of its shareholders. This can have several advantages including: returning surplus money to shareholders increasing liquidity…
Chris Wills LLB (Hons)
Partner
Have you checked your air-conditioning lately?
Air-conditioning is considered to be a comfort of modern life, but do you know what is in your system? Air-conditioning plants use refrigeration units with hydrochlorofluorocarbon refrigerants, including one environmentally…
Emma Thompson LLB (Hons)
Senior associate, solicitor
Obesity in the workplace
UK adult obesity rates have risen substantially in recent years. While the effects of this are primarily borne by the NHS, a recent Employment Appeal Tribunal (EAT) case demonstrates that…
Jenny Hawrot LLB (Hons)
Partner
Late payment of commercial debts
On 16 March 2013, the Late Payment of Commercial Debts Regulations 2013 (“Regulations”) came into force. These amend the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 (“Act”)…
Nick Southwell BA (Hons)
Partner
Employee shareholder status
In March we reported on ‘A new kind of employee ownership’. Since then, further detail has emerged. The idea of ‘employee shareholder’ status, which comes into force this autumn, is…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Charity business rates relief
Mandatory relief from business rates is available to charities where the rate payer is a charity and the property is wholly or mainly used, for charitable purposes. The relief is…
Charlotte Cowdell BA (Hons), LLB
Senior associate, solicitor
Family and divorce Q&A
Our divorce & family legal expert Jonathan Eager delves into some commonly asked questions in his line of work. I have been married less than a year, can I get…
Jonathan Eager FCILEx
Partner, chartered legal executive
It is time to improve building efficiency
It is time to take energy performance certificates (EPCs) seriously when renting or buying commercial property. New regulations for the private rented sector (which includes commercial property) will be brought…
Alasdair Garbutt LLB (Hons)
Partner
Volunteers are not protected against discrimination
Businesses are now protected from potential discrimination claims made by volunteers. In the case of X v Mid-Sussex Citizens Advice Bureau, the Supreme Court has ruled that an unpaid volunteer…
Charlotte Cowdell BA (Hons), LLB
Senior associate, solicitor
Are company assets safe during a divorce?
According to the Supreme Court the answer is maybe not. On 12 June 2013 in the case of Prest v Petrodel Resources Limited and others the Supreme Court overturned the…
Jonathan Eager FCILEx
Partner, chartered legal executive
Easements – interference and remedies
Are you having problems exercising a legitimate right of way? What can you do to ensure your rights are not being infringed? Rights of way, rights to drainage and rights…
Adam Hale BA (Hons), TEP, FALA
Partner
Employment tribunal supports fixed retirement ages in professional firms
Last year the Supreme Court considered the case of Mr Seldon, who was a partner in a law firm. He had been forced to retire at the age of 65…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Tribunal fees update
HM Courts & Tribunals Service has today confirmed that from 29 July this year, employees will have to pay fees for employment tribunal claims. Fees will be up to £250…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Management buyouts back in fashion
A management buyout (MBO) is a type of acquisition where a company’s existing managers acquire a large part or all, of the company. MBOs are increasing in number again after…
Chris Wills LLB (Hons)
Partner
Will it be a legal ‘red card’ for Blackburn Rovers?
This week sees the High Court hearing Henning Berg’s claim against his former club, Blackburn Rovers, for unpaid wages. It follows Michael Appleton’s sacking from his position as manager of…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Breach of contract – or not?
Restrictive covenants in employment contracts are frequently the cause of disputes and have been described by Lord Justice Underhill as “the most powerful weapon in the employer’s armoury”. This is…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
2013 Budget - care home fees threshold drop leaves more for elderly
In the 2013 Budget George Osborne announced that, following recommendations made in the Dilnot Report, he has decided to increase the amount of capital that an elderly person can possess…
Simon Cook LLB (Hons), TEP
Partner
A new kind of employee ownership
Proposals for a new type of employee ownership were announced by the chancellor, George Osborne last October, which would see employees exchanging some of their employment rights in return for…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Are you liable for fire damage to your neighbour’s property?
All lawyers are taught that the rule created by the 1868 case of Rylands v Fletcher imposes strict liability for the foreseeable consequences of a landowner’s failure to control the risk that…
Nick Cox LLB (Hons)
Consultant, solicitor
New cap on unfair dismissals
The government’s project to roll back employment protections, in a bid to help struggling businesses in a difficult economy, continues apace. The Enterprise and Regulatory Reform Bill is expected to…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
It may prove costly to change your service provider
In these economic times, commercial landlords are under increasing pressure from tenants to ensure that service charge costs are kept to a minimum, but there is a hidden danger. Landlords…
Alasdair Garbutt LLB (Hons)
Partner
Share purchase agreements – enforceability of onerous clauses
Great care should be taken to find the right balance between a clause which protects your position and one which may be struck down as a penalty clause. A penalty…
Willans
Solicitors
What is a contractor’s right to rectify defects?
When defects are identified in building projects the employer may decide to bring in a third-party contractor to rectify the mistakes. However, this may result in the employer being unable…
Nick Cox LLB (Hons)
Consultant, solicitor
Green leases – time to take notice
Green leases were much heralded a few years ago as the property industry’s answer to environmental concerns. However, the reality is that for a lot of landlords and tenants, the…
Emma Thompson LLB (Hons)
Senior associate, solicitor
What is the Green Deal?
The Green Deal is the government’s flagship initiative for improving the energy efficiency of buildings in Great Britain. It is intended to reduce carbon emissions and provide finance for energy…
Alasdair Garbutt LLB (Hons)
Partner
How enforceable are your ADR clauses?
Alternative dispute resolution (ADR) is the collective term given to certain methods used to resolve disputes as an alternative to court proceedings. The most common form of ADR is mediation,…
Nick Cox LLB (Hons)
Consultant, solicitor
Agricultural occupancy restrictions and the need to test the market
The Upper Tribunal (Lands Chamber) recently refused to discharge an agricultural occupancy restriction imposed on a property in Wales by a planning agreement. Known as ‘agricultural ties’, these restrictions can…
Adam Hale BA (Hons), TEP, FALA
Partner
Equality Act 2010 update
For a long time statistics have shown that women are safer drivers than men and from this there have been products providing more favourable terms to women drivers, to include…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Farmers and ash tree die back disease
Farmers and landowners should consider the potential impact of ash tree die back disease on their property. This is particularly so where ash trees provide security and amenity value, windbreaks,…
Adam Hale BA (Hons), TEP, FALA
Partner
