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
Business secrets up for grabs
Six months ago, it became easier for the public to obtain court documents. Now, if a dispute involves issues you’d rather keep confidential you may need to look at ways…
Paul Gordon LLB
Partner
Classic employment traps – redundancy
It’s amazing how many employers perceive redundancy as something quite separate from dismissal, says one of our employment lawyers. At a rough estimate, at least 40 per cent of unfair…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Changes to the Construction Industry Scheme
Changes to the CIS come into force in April this year with the aim of clamping down further on the evasion of tax and NI contributions in the industry. The…
Willans
Solicitors
No more Viagra jokes!
It is now unlawful to discriminate against a worker on the grounds of their age. The Employment Equality (Age Discrimination) Regulations 2006 became law in October 2006, affecting and protecting…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Classic employment traps – sick pay and notice
A classic trap arises when an employee is given notice by his employer (lawfully, of course, and after taking legal advice) but then signs off sick. Employers need to tread…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
LLPs and ‘catastrophic’ claims
The Limited Liability Partnerships Act 2000 heralded a new era for many professional firms, but is the individual member really insulated against a multi-million pound claim? Six years on, our…
Chris Wills LLB (Hons)
Partner
Yeomans Row Management Ltd v Cobbe
Courts can sometimes ‘interfere’ in cases where they feel that to apply strict legal rights would be unfair or unjust, explains one of commercial property lawyers. Most people’s view about…
Nigel Whittaker BA (Hons)
Partner
Have you made a will?
History reveals some fascinating bequests in wills – some extravagant, some mean, some ironically humorous and some completely eccentric. We’ve been investigating in the run up to National Will Week. A…
Simon Cook LLB (Hons), TEP
Partner
Battling the bottle: drinking and the workplace
Heavy drinkers can cause serious difficulties for their employers and the problem is widespread. It’s not just a matter of someone having one too many at the firm’s Christmas party…
Jenny Hawrot LLB (Hons)
Partner
You can’t bury the evidence
We have reported earlier this year (March 2006) on a High Court case concerning a former landfill site on which contamination had been discovered 20 years after the developer sold…
Alasdair Garbutt LLB (Hons)
Partner
Do I need to pay part-timers for bank holidays?
This often-asked question was at the heart of McMenemy v Capita Business Services Ltd that went to the Employment Appeal Tribunal recently. Mr McMenemy switched from full- to part-time working…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Marriage and divorce – what a business!
A landmark decision by the Law Lords, giving wives much bigger divorce settlements received acres of news coverage and we won’t repeat all the detail here. In short, Melissa Miller…
Jonathan Eager FCILEx
Partner, chartered legal executive
Classic employment traps - unlawful deduction of wages
It may startle you to learn that somewhere around half of all tribunal cases relate to unlawful deduction of wages. One of our employment lawyers advises employers on how to avoid…
Jenny Hawrot LLB (Hons)
Partner
Short back and sides - discrimination legislation
Discrimination legislation is a serious problem for employers – a rogue manager can be personally at risk as well as putting the company in the firing line for litigation. Consider…
Jenny Hawrot LLB (Hons)
Partner
A classic mistake – how not to approach dismissals
Dismissing staff is a horrible job at the best of times but it’s also a real danger zone for employers. We often quote a tribunal case that hit the headlines…
Jenny Hawrot LLB (Hons)
Partner
Advertising boards: a warning
If you own property in a prominent location, renting out space for advertising boards or hoardings can be a good way to generate extra income. But check the small print…
Alasdair Garbutt LLB (Hons)
Partner
Developers’ contamination nightmare
Problems associated with land contamination can cast a very long shadow for developers. Under environmental protection law, there is an ongoing risk that they could be served with a remediation…
Alasdair Garbutt LLB (Hons)
Partner
Read the lease
If you are a landlord, it pays to read a lease before refusing consent to assign. Willans’ partner Nick Cox, a specialist in landlord & tenant disputes, recently acted for…
Nick Cox LLB (Hons)
Consultant, solicitor
