| + |
Employment law update - Justifying Age Discrimination - May 2012
The Supreme Court has handed down two cases on justifying age discrimination : Seldon v Clarkson Wright and Jakes and Homer v West Yorkshire Police.
|
30/04/2012 |
Petra Venton |
| + |
Will, trust and estate disputes - Legal update - Spring 2012
Barrett v Bem & Others - positive conduct by the testator is required for there to be a "direction" under the Wills Act 1837
|
17/04/2012 |
Russell Simpson |
| + |
Commercial law - Back to Basics - Part 1 - Contracts - April 2012
This is the first in a series of 'Back to Basics' articles looking at contract law and how it applies to your business.
|
16/04/2012 |
Kathryn Leslie |
| + |
Development law - NewBuy - burden to the tax payer or market saviour? April 2012
Most developers will be aware of the NewBuy scheme to a greater or lesser extent. Much of the national press has reported little benefit in the scheme and has focused instead on the potential cost to the taxpayer.
So what are the benefits and risks of the scheme?
|
10/04/2012 |
Clair Grant |
| + |
Planning law - NPPF - A kick start for Development? - April 2012
The draft National Planning Policy Framework
("NPPF") published last year created a media storm and strong resistance from groups concerned that it would result in a charter for developers. The final form of the NPPF was published and took legal effect on 27 March 2012. The NPPF abolishes the mass of
previous policy in Planning Policy Statements and Planning Policy Guidance Notes and replaces it all in a mere 59 pages.
|
05/04/2012 |
Jason Towell |
| + |
Employment law update - April 2012
The law allows employers to seek to objectively justify indirect discrimination and direct age discrimination. To do so, the employer must show that it had a legitimate aim and acted in an appropriate and reasonably necessary way to achieve that aim. The courts have struggled for some time with the question of whether discrimination can be justified on the ground of cost alone.
|
03/04/2012 |
Petra Venton |
| + |
Employment facts - April 2012
Latest details ...
|
03/04/2012 |
Petra Venton |
| + |
Will, trust and estate disputes -Legal update - March 2012
Will, trust and estate disputes -Legal update - March 2012
|
29/03/2012 |
Russell Simpson |
| + |
Professional negligence legal update - Spring 2012
Professional negligence legal update - Spring 2012
|
29/03/2012 |
Russell Simpson |
| + |
Professional negligence legal update - A solicitor's duty to keep advice under review? - March 2012
Solicitors and their archiving staff will breathe a sigh of relief following the professional negligence case of Shepherd Construction Ltd v Pinsent Masons LLP [2012]
EWHC 43 (TCC), which confirms that there is not normally a general retainer to keep past advice under review.
|
21/03/2012 |
David Morgan |
| + |
Professional negligence update - March 2012
Is expert evidence necessary for a professional negligence claim?
|
12/03/2012 |
David Morgan |
| + |
Media & advertising update - Breaching Advertising Guidelines? You're not when you're #spon
A marketing campaign by confectionary giant Mars has been cleared by the Advertising Standards Authority (ASA) in its first investigation involving social networking site Twitter.
|
08/03/2012 |
Kathryn Leslie Nigel Stanford |
| + |
Employment law update - March 2012
For years concerns have been rising over the lack of pensions saving in the UK. With people living longer and less money available for pension payments, the
Government is now forcing employers to take action.
|
01/03/2012 |
Camilla Beamish |
| + |
Professional negligence - Retrospective market valuations for a residential property - February 2012
The professional negligence case of (1) Paratus AMC Ltd (2) RMAC 2005 NS1 PLC v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch) required the court to weigh up several
expert valuations, which were relied upon by the opposing parties, for a residential property.
|
13/02/2012 |
David Morgan |
| + |
Will, trust and estate disputes - Legal update - February 2012
Legal update February 2012
|
07/02/2012 |
Russell Simpson |
| + |
Employment law update - February 2012
This month we will look at further details published by the government on the increase in the qualifying period for unfair dismissal claims and guidance from ACAS on the Olympics.
|
06/02/2012 |
Petra Venton |
| + |
Partnerships & professional practices - The test of true partnership - when are LLP members also employees? - February 2012
This week's decision by the Court of Appeal in Tiffin v Lester Aldridge LLP - [2012] EWCA Civ 35 - is a welcome clarification of the principles to be applied in deciding whether junior members of a limited liability partnership - typically described as "salaried" or "fixed share" partners - are also employees of the LLP.
|
03/02/2012 |
Stephen Williams |
| + |
Professional negligence update - Solicitors duty to advise... for free? - February 2012
The recent professional negligence case of Padden v Bevan Ashford Solicitors [2011] EWCA CIV 1616 is likely to cause a stir amongst solicitors in relation to the pitfalls of not advising properly, even with the best of intentions and when the client is not charged.
|
01/02/2012 |
David Morgan |
| + |
Employment Facts - January 2012
Detailed employment facts
|
30/01/2012 |
Petra Venton |
| + |
Professional negligence update - Limitation: claim against solicitors relating to purchase of a property - January 2012
Limitation: claim against solicitors relating to purchase of a property
|
19/01/2012 |
David Morgan |
| + |
Will, trust and estate disputes - legal update - January 2012
Will, trust and estate disputes - legal update - January 2012
|
19/01/2012 |
Russell Simpson |
| + |
Development law - Pre-completion searches and the effect of bankruptcy - January 2012
Pre-completion searches and the effect of bankruptcy
|
13/01/2012 |
Katherine Waller |
| + |
Employment law update - January 2012
What to expect in 2012
|
12/01/2012 |
Petra Venton |
| + |
Technology law - January 2012
Cookies: the rules become clearer
|
12/01/2012 |
John Halton |
| + |
Professional negligence update - January 2012
Measure of loss on failure to advise on planning conditions
|
09/01/2012 |
David Morgan |
| + |
Trust and estates - Legal update - December 2011
Trust and estates - Legal update - December 2011
|
30/12/2011 |
Russell Simpson |
| + |
Trust and estates update - December 2011
Trust and estates update - December 2011
|
21/12/2011 |
Russell Simpson |
| + |
Professional negligence update - Do you have instructions to settle? - December 2011
The case of Amalgamated Metal Corp Plc v Wragge & Co (A Firm) [2011] EWHC 887 (Comm) is a cautionary tale of the risks of settling a case without ensuring that you have firm instructions from the client (and evidence of those instructions).
|
08/12/2011 |
David Morgan |
| + |
Commercial development law - Changes to mixed use development - Autumn 2011
In many town and city regenerations, residential and commercial mixed-use development has been, and continues to be, seen as essential for the creation of
attractive and sustainable environments that
promote economic vitality, social equity and
environmental quality.
|
24/11/2011 |
Glenn Miller |
| + |
Construction law - the latest amendments to the JCT and NEC contracts - November 2011
Part 8 of the Local Democracy, Economic
Development and Construction Act 2009 ("the Act") came into force on 1 October 2011 in England and Wales. It will affect all construction contracts entered into on or after that date. The Act has, amongst other things, introduced important changes to payment provisions and adjudication procedure. Standard form contracts have had to adapt to reflect these changes.
|
24/11/2011 |
|
| + |
Professional negligence - Legal update - November 2011
Surveyors held liable for £18m overvaluation
|
17/11/2011 |
David Morgan |
| + |
Professional negligence update - Winter 2011
In this edition we focus on the impending costs reforms of The egal Aid, Sentencing and Punishment of Offenders Bill and consider some of the likely effects.
|
14/11/2011 |
Russell Simpson |
| + |
Employment law - November 2011
Employment update
|
11/11/2011 |
Petra Venton |
| + |
Wiil, trust and estate disputes legal update - November 2011
Legal update November 2011
|
07/11/2011 |
Russell Simpson |
| + |
Professional negligence update - November 2011
Scope of a retainer in property transactions did not extend to commercial advice about the transactions
|
04/11/2011 |
David Morgan |
| + |
Development law - OFT Guidance for estate agents - a consultation - November 2011
OFT Guidance for estate agents - a consultation
|
01/11/2011 |
Katherine Waller |
| + |
Professional negligence update - October 2011
Solicitors should seek clarification if an expert report is unclear
|
21/10/2011 |
David Morgan |
| + |
Professional negligence update - October 2011
Should solicitors obtain medical evidence whenever they are instructed by an elderly client? That would be 'insulting and unnecessary'
|
21/10/2011 |
David Morgan |
| + |
Retirement living
Publication of the draft National Planning Policy Framework ('NPPF') has made it clear that the Government's agenda is now pro development.
|
19/10/2011 |
Beth Gascoyne |
| + |
Employment law update - Changes to unfair dismissal rules - October 2011
The Chancellor has announced that the qualifying period of unfair dismissal will increase to two years from April 2012 and that he will introduce a system of fees in the employment tribunals.
|
06/10/2011 |
Petra Venton |
| + |
Will, trust and estate disputes - October 2011
Legal update October 2011
|
06/10/2011 |
Russell Simpson |
| + |
Construction law - Power to the Payee! - October 2011
The "new" Construction Act 2009 came into force in England and Wales on 1 October 2011[1].
|
30/09/2011 |
|
| + |
Employment law - Social networking - September 2011
ACAS has released guidance to employers on how to respond to the challenges posed by social networking in the workplace.
|
26/09/2011 |
Petra Venton |
| + |
Trust, estate and Will disputes update - Autumn 2011
In this edition we look at an interesting Will dispute in the case of Barett v Bem & others (2011) EWHC 1247 (Ch) and also consider Shovelar v Lane (2011) EWCA 802, a case that should serve as a warning to executors minded to become involved in Will disputes.
|
19/09/2011 |
Russell Simpson |
| + |
Employment facts - September 2011
Key employment facts
|
13/09/2011 |
Petra Venton |
| + |
Construction law - Reasonable endeavors - September 2011
This case is of interest to all those involved with drafting "reasonable endeavours" clauses in commercial contracts including development agreements, agreements for lease, leases, building contracts and appointments. It reaffirms the position that what constitutes "reasonable" or "best" endeavours depends on the facts of the case.
|
09/09/2011 |
|
| + |
Employment law update - September 2011
We look at overtime payments for part time staff and the vexed question of what happens to holiday entitlement whilst an employee is off on long term sick leave.
|
02/09/2011 |
Petra Venton |
| + |
Commercial development law - Right to light - Summer 2011
Comment on HKRUK II (CHC) Limited v Marcus
Alexander Heaney 2010 ALL ER (D) 101
|
10/08/2011 |
Rebecca Nash |
| + |
Planning law - Draft National Planning Policy Framework - Is this the return to planning by appeal? - August 2011
The draft National Planning Policy Framework (draft NPPF) has been described as the most important planning document since the Town and Country Planning Act 1947. This may be putting it too highly but it will certainly be a very important planning document. The draft NPPF was published on 25 July and is already attracting a great deal of comment during its 12 week consultation period which ends on 17 October.
|
09/08/2011 |
Jason Towell |
| + |
Trust and estates dispute update - August 2011
Will disputes - Court upholds gift to friend despite allegation of undue influence
|
02/08/2011 |
Philip Youdan |
| + |
Professional negligence update - August 2011
Valuer's duty of care to buy to let purchaser.
Reliance upon counsel's advice.
Explaining CFA's
|
01/08/2011 |
David Morgan |
| + |
Contract construction after Chartbrook
Previously published in the'In-house perspective' Volume 6 issue 1
|
18/07/2011 |
Peter Ashford |
| + |
Media & advertising law - Ofcom opens consultation into television advertising trading
Ofcom has opened a consultation into competition issues regarding the way in which television advertising is traded. In recent years there have been concerns that some of the particular features of television advertising trading are distorting competition in that particular market and Ofcom is now seeking views on whether it should make a market investigation reference to the Competition Commission.
|
14/07/2011 |
Nigel Stanford |
| + |
Employment law update - July 2011
Before our summer break (there will be no Alert in August), I would draw to your attention a recent case on dress codes, an early decision based on third party harassment and remind you of some imminent changes to employment law.
|
07/07/2011 |
Petra Venton |
| + |
Professional negligence update - Summer 2011
In this issue we look at some of the main developments affecting professional negligence so far this year. With a landmark judgment for expert witnesses, and not forgetting the proposed costs reforms, it has certainly been an eventful year so far!
|
28/06/2011 |
Russell Simpson |
| + |
International arbitration law - Arbitration 'super-injunctions'
Whilst the English tabloid press works itself into a frenzy over 'super-injunctions' to protect the privacy of the rich and famous from exposure and ridicule over their adultery and other indiscretions, the Commercial Court and the Court of Appeal are steadily refining the 'super-injunction' of the arbitration field: the anti-suit injunction.
|
07/06/2011 |
Peter Ashford |
| + |
Employment law update - June 2011
Social media is now part of life. There is increasing overlap in the use of social media for both personal and business use. This increases the risk that employees will fail to distinguish between communications that are appropriate to work and those that are not and also that inappropriate material may go "viral".
|
06/06/2011 |
Petra Venton |
| + |
Commercial development - No get out for non-performance - Spring 2011
Most development agreements will contain one or more long stop dates. Typically, if certain steps have not taken place by a given date, one or more parties to the agreement will be able to rescind, and walk
away from the agreement.
|
26/05/2011 |
Matthew Cox |
| + |
Trust and estate dispute update - Summer 2011
In this edition we look at the combined appeals in Pitt v Holt and Futter v Futter (2011) EWCA Civ 197 and also consider the Court of Appeal's decision in Ilott v Mitson and others (2011) EWCA Civ 346.
|
26/05/2011 |
Russell Simpson |
| + |
Technology law - Cookies: new rules for websites from 26 May 2011 - May 2011
From 26 May 2011, websites will be required to obtain prior consent from users before placing cookies on users' browsers.
|
23/05/2011 |
John Halton |
| + |
Employment law update - May 2011
This month we look at a case about the precise date from which notice to terminate employment starts to run. While this appears to be a technical matter the importance of the case is that the date notice starts to run is used to determine the deadline for bringing a tribunal claim. We also update you on the Bribery Act.
|
05/05/2011 |
Petra Venton |
| + |
Planning law - Cala Homes II: where do we now stand with Regional Strategies? - March 2011
With David Cameron's Big Society being one of the major talking points in domestic politics, its implications through the proposed Localism Bill are already being felt in the planning world. The proposed abolition of Regional Strategies in the forthcoming Bill has been the subject of two recent judicial review cases, that I will call Cala Homes I and Cala Homes II. Despite the High Court ruling in Cala Homes II that the intention of the Secretary of State for Communities and Local Government to abolish Regional Strategies should be a material consideration for planning decision makers.
|
31/03/2011 |
Jason Towell |
| + |
Construction law - Can builders be liable in negligence for mistakes in construction? - March 2011
The recent Court of Appeal case of Robinson -v- PE Jones (Contractors) Limited[1] set out some useful guidance on the debate over whether a building contractor can, or should, be liable for its work under
both contract and at the same time in tort so that any defects in the construction process could give rise to claims for both breach of contract and potentially also negligence.
|
31/03/2011 |
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| + |
Bribery Act Update - comes into force on 1 July 2011 - March 2011
The government announced today that the Bribery Act will come into force on 1 July 2011. The government also published the final version of its guidance for businesses on how to comply with the Act.
|
31/03/2011 |
John Halton |
| + |
Technology law update - Cookies and consent ... - March 2011
As has been widely reported, the government has confirmed that it will implement new EU regulations on the use of cookies by 25 May 2011. What does this mean in practice for website owners?
|
25/03/2011 |
John Halton |
| + |
Arbitration law update - Arbitrators' Repeat Appointments and Conflicts of Interest - March 2011
The IBA Guidelines on Conflicts of Interest in International Arbitration (the "IBA Guidelines") are widely recognised as the definitive guide to conflicts and set out general principles and guidance to assist parties and arbitrators in assessing and dealing with potential conflicts of interest.
|
22/03/2011 |
Peter Ashford |
| + |
Health and safety update - Spring 2011
Welcome to this edition covering health and safety law and practice. Cripps Harries Hall LLP advises businesses on a wide range of regulatory matters such as health and safety.
|
21/03/2011 |
Philip Youdan |
| + |
Partnerships and professional practices update - LLP + no LLP members' agreement = litigation - March 2011
The recent case of Eaton v Caulfield & others (an unfair prejudice petition brought under section 994 of the Companies Act 2006, coupled with a just and equitable winding up petition under section 122(1)(g) Insolvency Act 1986) highlights the difficulties faced by LLP members who do not have an LLP members' agreement setting out their rights and obligations.
|
21/03/2011 |
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| + |
Employment law update - Removal of the Default Retirement Age - March 2011
What does this mean for employers?
As we mentioned in our January update, the default retirement age (65) will be abolished later this year. The draft Regulations have now been published. These confirm the Government's intention to remove
the default retirement age on 6 April 2011, leaving employers with the choice of either continuing to employ older employees or seeking to justify a retirement age for their business.
|
01/03/2011 |
Petra Venton |
| + |
Trust and estate dispute update - Spring 2011
In this edition we look at the cases of Singellos v Singellos (2010) EWHC 2353 (Ch) and the Court of Appeal decision in Gill v RSPCA (2010) EWCA 1430.
|
01/03/2011 |
Russell Simpson |
| + |
Employment law update - Resolving workplace disputes - February 2011
Resolving workplace disputes - the Government
sets out its plans for the future
|
01/02/2011 |
Petra Venton |
| + |
Construction law update - How confidential is bid evaluation? - February 2011
Mears Limited (Mears) was a bidder for a housing repairs and maintenance contract being let by Leeds City Council (the Council) under a competitive dialogue procurement procedure, pursuant to the Public Contracts Regulations 2006 (the Regulations)[1]. Out of 22 tenderers Mears had made it to the shortlist of 9. Each shortlisted tenderer then had to submit Quality and Cost submissions for evaluation.
|
01/02/2011 |
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| + |
Media and advertising update - Ofcom changes rules preventing product placement - February 2011
Product placement involves an advertiser paying a broadcaster to have its brand, products, services and/ or trade marks included in a programme. Broadcasters have to adhere to Ofcom's Broadcasting Code, which currently prohibits this form of advertising. However, on 28 February 2011, a new section of the Broadcasting Code will be implemented which will, for the first time, allow product placement in UK-produced programmes. Certain restrictions on product placement will remain in place so that programmes do not become distorted advertising mechanisms and there will be restrictions on different types of products and programmes to which the new
|
01/02/2011 |
Kathryn Leslie Nigel Stanford |
| + |
Retirement living update - SUDS - more of a drama than a soap opera? & age restrictions in planning for retirement housing - February 2011
The government has been becoming increasingly
concerned with the management of surface water, including water quality and its impact on the local environment, together with the risk of flooding to homes and businesses as a result of heavy rainfall. To address these issues, as well as the question of who will ensure drainage systems are properly maintained in the future, the Flood and Water Management Act received royal assent on 8th April 2010.
|
01/02/2011 |
Beth Gascoyne Clair Grant |
| + |
Construction law update - Know your contract! - January 2011
A recently reported case from the Technology and Construction Court has re-emphasised the critical importance of knowing the form of engineering or building contract you are working with and completing it properly, as well as providing a timely reminder of the need to expressly select arbitration in the contract as the relevant form of dispute resolution if this is to be the preferred choice.
|
03/01/2011 |
James Lee |
| + |
Employment law update - What to expect in 2011 - January 2011
As we start a new year, we look at what employers can expect in 2011.
|
02/01/2011 |
Petra Venton |
| + |
Planning law update - The Localism Bill - not as bad as it could have been? - December 2010
When the Conservative Party published its Green Paper "Open Source Planning" many feared for the future of the planning system. Now that the Localism Bill has been published (13 December 2010) a few of the fears have been allayed.
|
14/12/2010 |
Jason Towell |
| + |
Construction law update - new kid on the block - December 2010
There's a new player in the burgeoning sustainable construction assessment market; SKA Rating (www.ska-rating.com). But with so many other methods of measuring green building now available to choose from, how does SKA Rating compare?
|
01/12/2010 |
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| + |
Commercial development update - A road less travelled - Winter 2010
The scenario where a developer acquires land which is to be serviced by another party at a date in the future and in accordance with a certain specification, is not uncommon. What happens where the party obliged to deliver this infrastructure does not do so in accordance with that specification can depend on what remedies (if any) the parties have provided for in their agreement.
|
01/12/2010 |
Helen Hunnisett |
| + |
Employment law udpate - November 2010
You may feel encouraged that you have got to grips with the changes introduced by the Equality Act 2010. However, employment law continues to change. In this Alert we highlight a number of changes in the pipeline: the introduction of the Agency Workers Regulations in October 2011 and the extension of the right to request flexible working which is due to come into force next April and consider a recent Supreme Court case about when a dismissal letter is effective.
|
11/11/2010 |
Petra Venton |
| + |
Construction law update - The Defective Premises Act 1972: A useful tool in a claimant's armoury - November 2010
The Defective Premises Act 1972 ("the Act") enables the owner or tenant of a defective residential property to bring a claim under the Act if the defect was present when the dwelling was completed and has rendered the property unfit for human habitation. Before the Act was passed, it was felt that the law did not provide enough security to purchasers or tenants of defective dwellings. The Act offers additional protection and operates under the principle of strict liability, meaning that by failing to comply with the Act a person is automatically liable to pay damages to the innocent party.
|
01/11/2010 |
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| + |
Health and safety update - Autumn 2010
Welcome to this edition of the Cripps Alert covering health and safety law and practice. Cripps Harries Hall LLP advises businesses on a wide range of regulatory matters such as health and safety. In this edition we review Harsukhray Bhatt v Fontain Motors Limited (2010) EWCA Civ 863 ("the Bhatt Case") a recent case dealing with The Work at Height Regulations 2005 ("the Regulations").
|
01/10/2010 |
Philip Youdan |
| + |
Planning law update - adapting to the new planning world - October 2010
In this new planning world that we are now working in many of us have tales of Councils delaying their review of LDF documents, refusing to determine applications, refusing allocated site applications, or even removing allocated sites from development plans.
|
01/10/2010 |
Jason Towell |
| + |
Media and advertising update - advertising rules to be extended to cover website content - October 2010
UK businesses face increased regulation over their website content from 1 March 2011, when the Advertising Standards Authority (ASA) is extending its remit from that date to cover businesses' marketing communications on their own websites, as well as on social networking sites and other "nonpaid- for" space online.
|
01/10/2010 |
Nigel Stanford |
| + |
Employment law update - The Equality Act 2010 - October 2010
It is finally here! The Equality Act is now in force. In this Alert we set out a reminder of what this means for employers and what steps you should have taken or need to take to ensure that you comply with the new Act. If, like many employers, you haven't yet considered what changes are needed to your internal policies in order to comply with the Equality Act, do have a look at our special offer at the end of this Alert.
|
01/10/2010 |
Petra Venton |
| + |
Trust and estate dispute update - October 2010
In this edition we look first at the case of Charles, Derek and Thompson v Fraser (2010) ("the Fraser Case"), which reviewed the rules for mutual wills. In addition we look at two cases where applicants have successfully sought to remove Executors
|
01/10/2010 |
Russell Simpson |
| + |
Construction law update - 'Trump Card' - September 2010
In July 2010 the Scottish appeal court produced a 2:1 majority judgment in City Inn Limited -v- Shepherd Construction Limited [2010] on the topic of concurrent delay which has reinvigorated the debate on the meaning of concurrency.
|
01/09/2010 |
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| + |
Commercial development law - To the heart of the matter - Autumn 2010
Allegations of "repudiatory breach" are often bandied around in commercial disputes, but what kind of breach justifies the label of 'repudiation'? A couple of recent cases illustrate the point and the pitfalls of claiming repudiation where you may not actually have grounds to do so. Although both of the cases cited below are in the context of residential development, the principles explored are equally applicable to both purely commercial and mixed-use developments.
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01/09/2010 |
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| + |
Bribery Act 2010 - What does it mean for Corporate Hospitality - September 2010
The Bribery Act 2010 is intended to bring the UK into line with international best practice for anti-corruption legislation, and replaces the existing patchwork of anti-corruption laws. Its scope is extremely wide-ranging, and this has led to concerns that activities perceived as legitimate - such as corporate hospitality - could become illegal when the Bribery Act comes into force (now expected to take place in April 2011).
|
01/09/2010 |
John Halton Kathryn Leslie |
| + |
Employment law - Phasing out the default retirement age - September 2010
At the end of July the Government published a consultation document setting out its proposals to phase out the default retirement age (DRA) of 65 and the statutory retirement procedures. The consultation period ends in October and we hope to have more details for you then. In the meantime, in this Alert we look at the proposals and the impact they could have on employers.
|
01/09/2010 |
Petra Venton |
| + |
Construction law - The right to set off - August 2010
It's not uncommon for commercial entities with an established track record of doing business together to be party to a number of contracts at the same time, for different projects or even different elements of the same project. When matters are progressing properly, this arrangement can work well. But if something goes wrong on one of those contracts, a question that frequently arises is whether a sum claimed under that contract can be set off against a sum due on another.
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01/08/2010 |
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| + |
Commercial dispute resolution - Discriminatory choice of Arbitrators - July 2010
The Court of Appeal has decided that an arbitration agreement requiring an arbitrator to be a member of a particular religious group is void.
|
01/07/2010 |
Peter Ashford |
| + |
Employment law - The Equality Act - July 2010
The Equality Act - Following a few weeks of uncertainty, the Government has now confirmed that the first wave of the Equality Act 2010 will be introduced in October 2010.
|
01/07/2010 |
Petra Venton |
| + |
Media and advertising law - New advertising codes - July 2010
In March 2009 the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) launched a consultation about a wide-ranging review of the advertising codes. This was the first time that CAP and BCAP had conducted a comprehensive, co-ordinated review of the advertising codes, covering both broadcast and non-broadcast advertisements.
|
01/07/2010 |
Kathryn Leslie Nigel Stanford |
| + |
Construction law - A guide to surviving main contractor insolvency - for employers - July 2010
When a main contractor becomes insolvent mid-project, the impact is far reaching. A crucial link in the contractual chain required for successful completion of building projects falls away.
|
01/07/2010 |
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| + |
Trust and estate disputes - update for professionals and practioners - July 2010
This case, which was recently heard in the Supreme Court, looked at section 35 Limitation Act 1980 and involved a dispute between two brothers (J and M) regarding their grandmother's two farms.
|
01/07/2010 |
Russell Simpson |
| + |
Construction law - Shaken not stirred - Know your bond! - June 2010
Performance bonds protect employers against contractor default, non-performance or insolvency. However, many employers wrongly assume that a bond provides an insurance policy which automatically pays out in such circumstances. This is rarely the case and it is crucial to check carefully the circumstances under which a claim can be made.
|
01/06/2010 |
James Lee |
| + |
Commercial dispute resolution - The IBA Rules are Revised - June 2010
The IBA Rules on the Taking of Evidence in International Commercial Arbitration ("the Rules") are one of the few safe havens in international arbitration. Most parties, counsel and tribunals adopt the Rules either expressly in the Terms of Reference or first procedural order, or are otherwise guided by them.
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01/06/2010 |
Peter Ashford |
| + |
Employment law - Time off for training and study - June 2010
Time off for training and study - Many employers offer their employees opportunities to develop their skills. There is now legislation in place which formalises the process and gives certain employees the right to request time off to study or undertake training.
|
01/06/2010 |
Petra Venton |
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Health and safety - Summer 2010
In this edition we review recent Regulations dealing with tower cranes as well as looking at some HSE initiatives
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01/06/2010 |
Philip Youdan |
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Trust and estate disputes - update for professionals and practitioners - June 2010
This month has seen the publication of details of the Aon Pension Trustees case which considered the definition of 'notice' and in particular, what it takes for the trustees to have been notified of a beneficiary or class of beneficiaries.
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01/06/2010 |
Russell Simpson |
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Trust and estate disputes - The rule in Hastings Bass after Futter and Pitt - June 2010
The recent cases of Futter and Cutbill v Futter and HMRC (2010) EWHC 449 ("Futter") and Pitt v Holt (2010) EWHC 45("Pitt") may have caused some sleepless nights amongst trustees.
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01/06/2010 |
Russell Simpson |
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Tax and wealth preservation - Emergency budget - June 2010
Most people have now seen or heard the headline figures included in the Emergency Budget. We have paused to reflect how the changes may affect clients, what did not happen and what might be still to come.
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01/06/2010 |
Roger Holman |
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Tax and wealth preservation - Emergency budget Key Tax facts - June 2010
Key tax measures in the Budget
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01/06/2010 |
Roger Holman |
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Construction law - Please Sir may I have some more? - May 2010
This article looks at The Late Payment of Commercial Debts (Interest) Act 1998 following its review in the recent TCC judgment in Yuanda (UK) Co. Limited v WW Gear Construction Limited [2010] EWHC 720, together with a development in the use of "Tolent" clauses from the same case.
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01/05/2010 |
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Employment law - Pre-employment health questionnaire - May 2010
Pre-employment health questionnaire - What employers need to know?
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01/05/2010 |
Petra Venton |
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Trust and estate disputes - Update for professionals - May 2010
This month has seen a lot of coverage of the Futter v Futter case and its implications for the future.
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01/05/2010 |
Russell Simpson |