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…
Paul Gordon LLB
Partner
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,…
Nick Cox LLB (Hons)
Consultant, solicitor
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…
Chris Wills LLB (Hons)
Partner
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…
Alasdair Garbutt LLB (Hons)
Partner
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…
Adam Hale BA (Hons), TEP, FALA
Partner
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…
Emma Thompson LLB (Hons)
Senior associate, solicitor
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…
Willans
Solicitors
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…
Chris Wills LLB (Hons)
Partner
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…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
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…
Jenny Hawrot LLB (Hons)
Partner
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…
Alasdair Garbutt LLB (Hons)
Partner
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…
Alasdair Garbutt LLB (Hons)
Partner
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.…
Jonathan Eager FCILEx
Partner, chartered legal executive
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…
Helen Howes LLM
Senior associate, solicitor
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…
Willans
Solicitors
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…
Alasdair Garbutt LLB (Hons)
Partner
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…
Nick Cox LLB (Hons)
Consultant, solicitor
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,…
Paul Gordon LLB
Partner
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…
Nick Cox LLB (Hons)
Consultant, solicitor
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…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
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…
Jonathan Eager FCILEx
Partner, chartered legal executive
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,…
Alasdair Garbutt LLB (Hons)
Partner
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…
Jenny Hawrot LLB (Hons)
Partner
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…
Jenny Hawrot LLB (Hons)
Partner
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…
Chris Wills LLB (Hons)
Partner
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…
Katie Duthie LLB (Hons)
Senior associate, solicitor
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…
Paul Gordon LLB
Partner
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.…
Willans
Solicitors
Obscure legal terminology: distress
If asked about the concept of distress and what it might mean in English law, many people might associate it with the area of personal injury law – the idea…
Nick Cox LLB (Hons)
Consultant, solicitor
Service charge recovery delay
Services charges are a common source of contention between landlords and tenants of multi-occupied buildings. They are usually the subjects of much negotiation when leases are entered into, and tenants…
Nigel Whittaker BA (Hons)
Partner
CVAs and landlords’ rights
The commercial property market has been keenly awaiting judgment in Prudential Assurance Company Ltd and Luctor Limited and others v PR Powerhouse Ltd. The concern was that a CVA (company…
Alasdair Garbutt LLB (Hons)
Partner
Landlords’ duty clarified
When landlords have an express or implied right to enter premises to carry out repairs or maintenance, they have a statutory duty (The Defective Premises Act 1972) to take care…
Alasdair Garbutt LLB (Hons)
Partner
Rating and empty properties
Following the 2007 Budget, the Rating (Empty Properties) Bill has now been published. The aim is to encourage owners to bring empty, non-domestic property back into occupation by reducing business…
Emma Thompson LLB (Hons)
Senior associate, solicitor
Classic employment traps – references
References are a common employment trap for employers. The problems that arise tend to be high on the ‘irritation’ scale .. and sometimes disproportionately expensive. Very often, the problem will…
Jenny Hawrot LLB (Hons)
Partner
A basic guide to intellectual property principles
Partner Paul Gordon has prepared this simple guide to intellectual property principles, designed to help you decide whether you need to take any action to protect your interests in the…
Paul Gordon LLB
Partner
Managing health and safety in construction
Construction law expert, Graeme Roberts, reports on the new Construction (Design and Management) Regulations 2007, which come into force on 6 April 2007. These regulations, introduced in 1995, have been…
Graeme Roberts LLB (Hons)
Consultant, construction law
