Company wins injunction against former employee
The employee had left Churchill Retirement Living Ltd to work for a rival company called McCarthy & Stone Retirement Lifestyles Ltd. While working for Churchill, the employee was subject to contractual duties relating to the company’s confidential information and documents. He admitted that when he left Churchill, he had accessed certain confidential documents and taken…
More landlords facing problems with rent arrears
Looking to the future, 37% of landlords are worried that they will experience more arrears in the coming months. NLA research shows that an average landlord with 12 lettings will have four tenants in arrears. The average cost of these arrears is £2,363. The NLA is advising landlords to work closely with tenants to help…
Only use qualified professionals for wills and probate
This has led to thousands of cases of people being overcharged, or having wills drawn up that are not legally watertight. The Legal Services Board (LSB) conducted an extensive investigation into the problem and has recommended that will writing and estate administration services should face strict regulation to protect consumers from sloppy and fraudulent practitioners….
Mother prevented from taking her son on holiday abroad
The boy’s father had obtained an order prohibiting the mother from taking him on holiday to Turkey. The mother applied to the court for a review. Her father – the boy’s grandfather – provided evidence that he would not try to persuade her to remain in Turkey. He also said he would do his best…
Judge wants more rights for cohabiting couples
The call from Lady Hale is important because thousands of cohabiting couples are under the illusion that they have the same legal rights as people who are married. It’s a misconception that all too often leads to heartache. It could be that someone lives with their partner for 20 years yet ends up homeless and…
Engineering firm wins court battle over unpaid invoices
The issue arose when the French firm complained that the various pieces of engineering machinery did not have certificates of conformity which are necessary under an EU directive. It said this meant they could not be sold and so were unfit for purpose under the Sale of Goods Act 1979. This was in spite of…
National Acclaim for Parveen Ahmed
Parveen worked for the Citizen’s Advice Bureau for over 10 years during which period she obtained her law degree from the Leeds University in 2002. She secured a training contract with Ison Harrison in 2002/2003 and qualified as a solicitor in 2005 to specialise in family work. She is a member of the Law Society’s…
Son successfully challenges his father’s will
The father had lived with his second wife in a property that was purchased solely in his name. In 2001, he had written a will that left everything to his two sons. After he died, his son’s solicitor wrote to the wife to ask what she intended to do about living in the property. She…
Government sets employment tribunal fees for employees
The new fee arrangement will be introduced next summer and follows widespread consultation with business leaders and trade unions. Currently, employees don’t need to pay to make a claim. This has led to complaints from some businesses that it is too easy for disgruntled staff to waste time with frivolous claims. Starting next summer, employees…
EU leaders agree on Unified Patent Court with UK section
The court will be based in Paris but will have a London section covering cases involving pharmaceutical and life science issues. There will also be a section in Munich covering engineering and resources. Business Secretary Vince Cable said: “The deal means for the first time a single patent will be valid across 25 European countries….
Man awarded £44,000 after being called gay at work
Michael Austin’s colleagues were football fans. The employment tribunal heard that some of them considered men who don’t like football to be gay. Mr Austin was interested in art. When he spoke about a documentary on Salvador Dali, his colleagues said it was ‘further evidence of his homosexuality’. He was upset and went for a…
Worker off sick for a year ‘entitled to holiday pay’
Janet Larner had been signed off work with ME and depression, and had six months leave on full pay followed by another six months on half pay. While she was off sick, she didn’t ask for her holiday leave to be carried forward into the next year. When her employment was terminated, she wasn’t paid…
Boost for landlords paying empty property rates
Currently, business rates are charged on nearly all non-domestic properties such as shops, offices and factories while they are in use. Properties with a rateable value of less than £2,600 are exempt from rates when they become vacant. However, buildings with a rateable value above £2,600 only qualify for a three-month exemption period if they…
Law Club Live Seminar: ‘Employment issues in 2012’
In most industries, employees are the determinants of a productive, successful company. In the next session of our popular Law Club Law CLub Live seminars, we will be focusing on the risks, responsibilities and rewards of Employment, that will lead to a greater understanding of what most firms would consider their most prized asset. The…
Developer wins appeal to quash planning inspector’s decision
The dispute arose after the developer decided to shut down a pig rearing unit and demolish an old farm house. He said he had done so because the council had told him it would approve his planning application. Later when he made his application, the council said there was no such agreement and refused permission….
New digital approach to Lasting Powers of Attorney
They are often set up as people get older and fear their health may begin to fail. Alternatively, people use them if they are going to be out of the country or preoccupied for some other reason and need someone to look after their interests for them. You can appoint someone to make decisions on…
Changes to consultation process during large scale redundancies
Under the current rules, companies must consult with their employees for 90 days if there are likely to be large scale redundancies involving more than 100 employees. Employment Relations Minister Norman Lamb wants to shorten this consultation period and improve communication between managers and staff. He believes that would reduce uncertainty for workers and make…
Farmers and business owners seek safety in pre-nups
There’s been a similar trend among directors anxious to protect their businesses. Marital agreements such as pre-nups or post-nups set out in advance what should happen if the marriage ends in divorce. They can cover a wide range of topics but mostly they describe how the couple’s money should be divided if they separate. The…
Large companies to report on greenhouse gas emissions
All companies listed on the Main Market of the Stock Exchange will have to report from April next year. This will be reviewed in 2015 with a view to extending the rules to all large companies from 2016. The aim of the reports is to enable investors to see which companies are effectively managing hidden…
The importance of a landlord’s address when demanding rent
Failure to do so could result in tenants refusing to pay, as happened in a recent case that ended in legal proceedings. It involved a landlord who asked his agent to serve demands for payment of outstanding service charges. The address given on the demand was the business address of the agent. The case went…
Pensioner awarded £22,000 after accident on holiday
She had a share in a ground floor timeshare apartment – she needed to be on the ground floor because she was partially wheelchair dependent. However, when she arrived she was told that the ground floor apartment wasn’t ready so she reluctantly agreed to stay in another apartment which involved having to go upseveral steps….
New measures to make international patent applications faster
The changes affect the UK’s fast track system and will allow applicants to make changes to an international application while still being able to request accelerated processing in the UK. The IPO says this will remove a bureaucratic hurdle and increase the flexibility of the patent application process. The changes are part of a wider…
Should you help your children buy a home?
It makes grim reading for both generations and it is little wonder that many parents feel compelled to help, but they need to think carefully before going ahead. Everyone’s circumstances will differ but as a general rule, parents should avoid dipping into their retirement funds to help their children. A lot of things can go…
10% jump in County Court Judgments against businesses
The Registry Trust, which compiles the figures, says there were 34,602 CCJs against businesses in England and Wales in the first quarter. That was a rise of 9.8% on the final quarter of 2011. The total value of the judgments in the first three months of this year was £151m. The figure for the previous…
£100m to help small building firms restart developments
The money is on offer through the Get Britain Building fund, which was introduced last year to help firms resume work on projects that had ground to a halt through lack of funding. Previously, firms had to have plans for at least 25 homes on their sites to qualify for the funding. Now the limit…
Employees who fall ill on holiday can take time off later
The decision was made in a case brought by Spanish trade unions against a group of department stores. The Court said that the timing of an illness was irrelevant and that workers should be entitled to four weeks holiday per year. If the holiday was interrupted by illness, they should be able to take time…
Cohabitant entitled to a share of former partner’s property
The couple had started living together in 1986 at a farm bought by the man. Theyremained there until their relationship broke down in 1996. However, the partner remained on the farm and used it to run a cattery and kennel business. The couple had two children together. They kept in touch and continued to see…
Charitable donations and inheritance tax – more guidance
This cuts the rate from the standard 40% to 36%. The new system came into effect on 6th April but many people are still unclear how it works and how they can make best use of it. With this mind, HM Revenue and Customs have released a guidance document. The guidance makes it clear that…
Landlords risk losing thousands if they fail to consult tenants
In a recent case, Daejan Investments Ltd had to forfeit £270,000. Now Stenau Properties Ltd have fallen into the same trap. The Landlord and Tenant Act 1985 requires that landlords go through a thorough consultation process before imposing service charges on tenants. This process should set out what the charges are for and the precise…
Wife Challenges husband’s will for greater share of estate of estate
The couple were both middle aged and had been married for two years. The husband was a successful businessman who owned three companies. When they married, they bought a house together which the husband funded. He also bought an apartment for them to use as a second home, and another apartment to rent out to…
Protecting your business with restrictive covenants
If the conditions are not strict enough, they may not prevent the employee setting up a rival enterprise or helping a rival firm; if they are too strict, they may not be enforceable, as in a recent case before the High Court. The case involved an online bicycle retailer. It employed a merchandiser who was…
Man awarded £8,000 after suffering hearing loss at work
The man worked in a warehouse for eight years between 2001 and 2009. The warehouse had 17 loading bays. It was a noisy environment with pump trucks, wagons, auto-pickers and dock levellers often being operated simultaneously. During his time at the warehouse, the man sustained permanent bilateral hearing loss of 11.4dB and mild tinnitus as…
Late payment threatens survival of smaller businesses
The credit reference agency Graydon UK, working in conjunction with the Forum of Private Business, surveyed 500 small firms across the UK. The responses showed that 16% had almost been put out of business as a result of late payment. A total of 51% cited it as a problem, and 23% said it was a…
Could you lose property rights to adverse possession?
It may seem unfair that someone could claim ownership of some of your property without paying you anything but it happens surprisingly often. All it takes is for them to use it without your permission and without you challenging them for a set period, usually 10 years. One recent case involved a couple who owned…
Want a bigger home? Newbuy Guarantee may help
The scheme was originally aimed at first time buyers. It’s backed by the Government, construction firms and mortgage lenders. It aims to make it easier for people to buy a home by providing 95% mortgages on newly built properties. It means that instead of a typical buyer having to provide a deposit of £40,000, which…
Review of how assets should be split when couples divorce
The review will concentrate on two specific issues. The first is the extent to which one party should be required to meet the other’s financial needs after the relationship ends. The second is how to deal with non-matrimonial property – that is, assets acquired by one party before the marriage, or received by gift or…
Be careful what you promise – firm ordered to pay staff bonuses
The firm, which carried out services for a large banking group, was about to be taken over. During an informal meeting with staff broadcast over the internet, it announced that a “guaranteed” minimum bonus pool would be allocated to employees according to their individual performances “in the usual way”. This was followed up a few…
Man’s living will upheld – life-saving treatment can cease
The 67-year-old man, known as XB during the hearing, suffered from motor neurone disease for several years. In November 2011, he communicated to family members using eye movements that artificial feeding and ventilation should be stopped under certain circumstances. This advance decision, or living will, was made in the presence of several witnesses including family…
Judge criticises neighbours for ‘absurd’ boundary dispute
The dispute between Darren Aston and Emma Durdenfrom Solihull lasted four years and was based on 45-year-old planning documents. The disagreement was over the boundarythat separated the properties and was represented on the plan by a 1.2mm thick red line. Mr Aston wanted to extend it away from his property by 2½ feet, which would…
Changes to Employment tribunals come into effect
The Government says it has streamlined the system to reduce some of the burden on employers and reduce the number of vexatious claims. The main changes are: The qualifying period for claiming unfair dismissal rises from one to two years Judges will be able to sit alone in unfair dismissal cases Witness statements can be…
Supreme Court provides ruling on compulsory retirement age
The case involved solicitor Leslie Seldon who was a partner at a law firm. In 2006, he was obliged to retire at the age of 65 under provisions contained in the firm’s deed of partnership. Mr Seldon claimed that this was direct discrimination on the grounds of age. His firm submitted that the law allows…
Agreement to agree did not amount to a binding contract
This can prove costly, as shown in a recent case before the High Court. It involved two businessmen, KarimDhanani and Serge Crasnianski, who discussed setting up a private equity fund together. They signed a letter and term sheet under which it was envisaged that Mr Crasnianski would provide money for a fund to be managed…
New chief for the office that registers Lasting Powers of Attorney
The Office of the Public Guardian (OPG) registers Lasting Powers of Attorney – an important mechanism that enables you to nominate someone you trust to make decisions on your behalf should you lack the capacity to do so yourself in future. The property and finance LPA allows you to appoint someone to look after your…
Bankruptcy: untaken pensions can be used to pay creditors
When a person is declared bankrupt, the courts will assess their income and decide how much they can afford to pay their creditors each month, usually for a period of three years until the bankruptcy is discharged. Income from pensions already being taken can be used to pay creditors but until now, a pension that…
Most middle managers are ‘unaware of Bribery Act’
This is in spite of the fact that the Act came into effect in July 2011. The researchers also found that of the 28% of middle managers who had heard of the Act, only just over half felt they had received adequate training to ensurecompliance. John Smart, a partner at Ernst & Young said: “It…
Judge was wrong to allow father contact with son
The case involved a couple who separated after a difficult relationship. The son lived with the mother and had very little contact with the father. The mother alleged that the father had been violent towards her in the past. The father then applied for a contact order. A report was drawn up by an officer…
Woman receives £76,000 compensation for work
The woman started working as an administrator for her employer in 2002. Within four years her role had increased and she had a number of responsibilities that were vital to the day to day running of the business. She had a pre-existing condition which made her vulnerable to depressive episodes that could be brought on…
Agency fined for getting information about tenant illegally
The offence took place in 2009 whenthe agency became concerned about overdue rent payments. One of its directors approached a local authority customer service adviser and asked him to obtain information about certain tenants from housing benefit records. The adviser provided the information as requested. The council began an investigation after receiving an anonymous tip-off…
Cohabitant loses appeal for half share of house
In a recent case, a man found that he was not entitled to a half share in the house where he had lived with his partner. The woman in the case had entered a property as a local authority tenant. The man moved in later and they had two children together. The couple then tried…
Director and shareholder in contempt of court after selling assets
The case involved an agency that sold car breakdown policies on behalf of an insurance company. The insurers came to believe that the agency had not accounted fully to it for its premiums and had provided false information. It began legal proceedings and obtained an interim injunction preventing the agency from disposing of its assets….