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What to do if your tenant fails to remove its property following expiry/termination of lease
08 Oct 2014
In circumstances where your tenant vacates, whether by way of an agreed surrender or following a possession order being granted, the case of Campbell v Redstone Mortgages Ltd [2014] EWHC 3081 has provided some clarification as to how you should deal with any property your tenant leaves behind.

New System of Shared Parental Leave – 2015
06 Oct 2014
Employers need to be alive to a new system of statutory parental rights which will be applicable to employees and agency workers from January 2015...

Court gives guidance on when expert's valuation is binding
06 Oct 2014
A company that asked an expert to value shares it was buying back from an outgoing director could not automatically set the valuation aside because the expert made mistakes in law, the Court of Appeal has ruled...

Commercial rent arrears recovery (CRAR)
03 Oct 2014
Despite coming into force in April this year, there are still some commercial landlords that aren’t aware of the changes relating to the recovery of rent arrears from their tenants...

Patent owners can mark products with web address and safeguard compensation rights
03 Oct 2014
Patent owners can benefit from new rules allowing them to mark their products with a web address of a page giving details of the patent, rather than setting out the details on the product itself.

Thank you
01 Oct 2014
Thank you to everyone who came along to our coffee morning last month. Thanks to your generous support we raised over £920 for Macmillan Cancer Support...

Sewer Worker Fairly Sacked for Health and Safety Breaches
30 Sep 2014
In cases of unfair dismissal, if the Employment Tribunal (ET) accepts that the employee's dismissal took place for one of the potentially fair reasons for dismissal and a fair procedure was followed, the test becomes whether or not the employer's decision...

ICO Issues New 'Must Do' Data Protection Guide
29 Sep 2014
The Information Commissioner's Office (ICO) has published a new guide to protecting personal data, 'Protecting personal data in online services: learning from the mistakes of others', which it describes as outlining the procedures organisations...

Landmark Rights of Way Victory for Private Landowners
29 Sep 2014
In a decision which represents a landmark victory for private landowners – and a serious blow to open countryside campaigners – the High Court has ruled that 19th Century officials who purported to create public rights of way under an 1801 Act...

Presumption of Death Act Delayed
28 Sep 2014
The proposals aimed at providing a better system to enable the family of someone who has been missing for a long period of time to have that person declared 'presumed dead', so that their affairs can be dealt with, were expected to lead to legislation...

Too Late to Challenge Whistleblower's Good Faith
27 Sep 2014
Under Section 47B of the Employment Rights Act 1996 (ERA), a worker has the right not to be subjected to unwanted treatment amounting to a detriment by their employer because the worker has made a protected disclosure under the Public Interest...

In Brief - New Guide to the Technology and Construction Court
25 Sep 2014
The Technology and Construction Court (TCC) has issued updated guidance to assist those engaged in litigation bound for the TCC. This takes into account developments in case law and regulatory changes introduced in recent years designed to...

Nurse Who Left Patient in Pain Fairly Dismissed
24 Sep 2014
In a case which underlined that the fairness of disciplinary proceedings is an entirely separate matter to mitigation, the Employment Appeal Tribunal (EAT) has ruled that a nurse who failed to give a patient pain-relieving medication on time was fairly...

Court of Appeal Invalidates Club Elections
23 Sep 2014
When an organisation fails to follow its own rules, the result can be the nullification of decisions taken and, in appropriate circumstances, those who have transgressed the rules can be liable for their mistakes. Recently, the Court of Appeal was called upon...

Commercial Contract Survives Businessman's Death
22 Sep 2014
The death of one of the parties to a contract does not necessarily render it unenforceable, as was illustrated by a case in which the executor of a deceased businessman's estate succeeded in a £200,000 breach of contract claim against the...

Overstayer Not Obliged to Observe Notice Period
21 Sep 2014
In tackling the often thorny problem of distinguishing between tenancies at will and protected periodic tenancies, the Court of Appeal has ruled that a tenant who stayed on after the expiry of his lease was not obliged to give six months' notice before ceasing...

Unison's Legal Challenge to Tribunal Fees Goes to Appeal
20 Sep 2014
Following the introduction of Employment Tribunal (ET) fees in July 2013, the UK's largest public service trade union, Unison, supported by the Equality and Human Rights Commission, brought judicial review proceedings challenging the lawfulness of the new regime...

Stay-at-Home Husband in £11 Million Divorce Dispute
20 Sep 2014
A stay-at-home husband who claims that he sacrificed his own career on the altar of his investment banker wife's ambition has triumphed in a crucial round of their £11 million divorce battle, after the Court of Appeal accepted that he was 'habitually...

Dementia Sufferer's Estate Eaten Up By Care Costs
19 Sep 2014
In a cautionary tale for those who care for elderly relatives, the heirs of a dementia sufferer are in danger of losing their inheritance after failing to convince a Land Registry Adjudicator that the value of the man's home should be protected against being eroded...

Electronic Services – Get Ready for New VAT Rules
18 Sep 2014
If you supply electronic products (telecommunications, broadcasting and e-services) to non-business customers through online sales, you should start thinking about how you will comply with the new VAT 'place of supply' rules that will come into force on...

Supreme Court Guidance on Town or Village Greens
17 Sep 2014
In an important victory for developers, which also represents a serious blow to those committed to preserving open spaces for public recreation, a campaigner has failed to convince the Supreme Court that a playing field which had been used by local...

Enhanced Redundancy Payments Became an Implied Contractual Right
16 Sep 2014
A recent dispute over redundancy payments illustrates that where it becomes established custom and practice to pay employees whose contracts are ended more than the statutory minimum, even where the practice is discretionary, this can become an implied...

Shhh….Keep the noise down
16 Sep 2014
In July, a newspaper reported that a clay pigeon shooting club which had been around for thirty years faced closure, after a District Judge dismissed its appeal against a noise abatement notice. The notice had been issued following a complaint to the council by a local resident...

Whose Data is it Anyway?
15 Sep 2014
When a publisher and the firm managing its subscription database fell out over the database manager's quality of service, the publisher gave the database manager a month's notice to terminate the contract. In response, the database manager refused to...

Divorcee Refused 'Second Bite of the Cherry'
14 Sep 2014
Separated couples should fix their eyes firmly on the future when signing divorce agreements, as was demonstrated in a recent case in which a former soldier, whose ex-wife had 'spent her share' after their split, fought off her bid for a slice of his military pension...