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
Fire alarm
The Regulatory Reform (Fire Safety) Order 2005 (FSO) came into effect in October 2006. It applies to all non-domestic premises in England and Wales, including common parts of blocks of…
Nigel Whittaker BA (Hons)
Partner
Will I get my money back?
If you have gone down the route of issuing a winding-up petition against a company or suddenly found that you are a creditor of a company in liquidation whether voluntary…
Chris Wills LLB (Hons)
Partner
Security for costs
Generally, the question of who pays for the costs of a claim is not determined until the claim is finally settled, by trial or other means. This is because usually,…
Paul Gordon LLB
Partner
Waiving goodbye to a right to forfeit?
In a tough economic climate, landlords have a difficult balance to strike between keeping properties occupied but making sure that rent is received from them. It pays to know what…
Nick Cox LLB (Hons)
Consultant, solicitor
Personal guarantees... a risky business
In times of economic uncertainty, company directors should be aware of the dangers of giving personal guarantees. If a director acts as a guarantor for any type of commercial loan…
Willans
Solicitors
Landlords and tenants: finding the perfect lease arrangement
Every landlord wants a reputable tenant who will be able to pay the rent and comply with lease obligations, including repairing covenants. It can be a temptation to ask for…
Emma Thompson LLB (Hons)
Senior associate, solicitor
Potential development pitfalls - rights of light
Development plans can easily be thwarted by the existence of rights to light. It is not unusual for developers to strike agreements with neighbouring landowners whereby in return for some…
Alasdair Garbutt LLB (Hons)
Partner
Potential development pitfalls – drainage issues
If planning conditions that require improvements to drainage infrastructure are too stringent, developers may struggle to fund the work, which could lead to more disputes. Ultimately, it will be in…
Alasdair Garbutt LLB (Hons)
Partner
Lay-off and short-time working
Announcements of redundancies, lay-offs or reduced working hours are becoming depressingly familiar. The news media is often inclined to use the terms ‘redundancy’ and ‘lay-off’ interchangeably though legally they are…
Jenny Hawrot LLB (Hons)
Partner
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…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
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…
Jenny Hawrot LLB (Hons)
Partner
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…
Nigel Whittaker BA (Hons)
Partner
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…
Willans
Solicitors
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…
Willans
Solicitors
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…
Nick Cox LLB (Hons)
Consultant, solicitor
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…
Jenny Hawrot LLB (Hons)
Partner
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.…
Simon Cook LLB (Hons), TEP
Partner
