In this session delegates will be guided through the key aspects of a fair redundancy process and dismissal. Through case studies, we will help delegates to understand best practice and provide practical tips to ensure a smooth redundancy process. We will also tackle some of the more difficult issues associated with redundancies.
Often a Will appoints Executors who will then deal with the administration of an Estate. Where there is no Will there may be a number of beneficiaries who are entitled to take out the Grant of Letters of Administration and usually the Estate can be administered without difficulty. In some cases, however, the administration of an Estate requires the…
Nick is a recent graduate from the Graduate Diploma in Legal Studies from UEA and is currently studying the LLM SQE at the University of Law alongside working in the Private client department as a paralegal.
Karina is a highly experienced conveyancing executive, who specialises in residential freehold and leasehold transactions; including sales, purchases and remortgages. Karina is currently continuing her studies to become a Licensed Conveyancer.
Deborah has been working as a professional support lawyer in the real estate sector for the past 15 years, supporting lawyers within private practice by drafting documents, keeping clients informed through regular briefings, researching complex areas of law and delivering updates and training. Deborah keeps a close eye on legislative changes, and analyses…
In-Howes is an exclusive programme for in-house lawyers designed to provide you with tailored support and equip you with invaluable training and resources.
Barely a day goes by without a court making a decision about something interesting. This is where we tell you about our favourites and those that we think you should know about.
BackgroundWhere innocent third parties have been in receipt of funds that were misappropriated by an individual from a company, it may be lawful for them to retain the funds if they can demonstrate that they have changed their position in good faith following receipt of the funds. Otherwise, the company may be able to recover the funds if it can show…
The expansion of the shortage occupation list and the introduction of a two-year automatic extension for pre-settled status have garnered widespread support among sponsors and migrants.
Starting a training contract can be daunting, exciting and nerve-wracking all at once. Here our recent trainees reflect on their experience.
The Equality Act 2010 protects against the unfair treatment of individuals on the basis of their age, however, age discrimination remains one of the most common forms of unfair treatment in the workplace. ACAS has published new guidance on age discrimination to help employers, managers and HR professionals to deal with age discrimination at work.
Nichola Constantinides is a trainee solicitor in our Milton Keynes office. Here she explains what it's like to change seats.
Earlier this week, the Institute for Fiscal Studies (‘IFS’) suggested that a way to raise revenues and make the tax system ‘fairer’ may be to restrict three types of relief from Inheritance Tax and to no longer give ‘special treatment to some assets’.
Howes Percival has successfully challenged the Standards and Testing Agency’s decision to annul the maths SAT results of a Wolverhampton primary school.
The recent case of Fisher v London United Busways Limited involved the use of a gendered swearword in respect of a transgender employee, which the Employment Tribunal accepted would establish a case of gender reassignment discrimination.
Here our experts examine the potential pitfalls of using “off the shelf” Will packs and the case of Cooper & Anor v Chapman & Ors {2022}.
First case to be heard by the Intellectual Property Enterprise Court outside of London
In the recent unreported case of The Secretary of State for Business Energy and Industrial Strategy v Al-Safee (unreported) the defence run was that the Defendant was not the company’s director. Mark Baldwin, the solicitor with conduct of the proceedings for the Secretary of State, considers the judgment.
In the Spanish case of Colino Sigüenza v Ayuntamiento de Valladolid and others the Court of Justice of the European Union (CJEU) has held that a gap of 5 months in the operation of an entity does not preclude a TUPE transfer.
A recent Court of Appeal case, FXF - v - (1) English Karate Federation Limited (2) David Jonathan Donovan (sued in his representative capacity on behalf of The Ishinryu Karate Association an unincorporated association) [2023] EWCA Civ 891, has clarified the position regarding applications for setting aside default judgements.
Laura Clay-Harris comments on a recent case at the High Court.
In the recent case of Warburton v The Chief Constable of Northamptonshire Police, the EAT has given helpful guidance on what amounts to a detriment for the purposes of a victimisation claim. Victimisation occurs where someone is subjected to a detriment for having done “a protected act” (e.g. issuing a tribunal claim or a grievance alleging a breach…
In the recent directors disqualification case of Secretary of State for Business Energy and Industrial Strategy v Rajinder Singh Bains [unreported], the defendant raised a preliminary issue on the new three year limitation period introduced on 1 October 2015. Mark Baldwin of our Insolvency Service Team reviews the decision.
Judgment was handed down on 18 June in the long-awaited Court of Appeal case of Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760. The decision, which clarifies the position with regard to the provision of gas safety certificates, will be welcomed by landlords.
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update webinar is presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals
Two recent cases have looked at the issue that is probably most relevant to landowners with electronic communications equipment on their land (and probably most relevant to the operators as well) – the rents payable under the Code. This is a summary of the key points arising in EE and H3G v Morriss and others and EE and H3G v Affinity Water Limited.
The ‘Vache Farm’ case in the Upper Tribunal Lands Chamber produced a ruling that has the potential to increase the level of rent rural landowners can expect when negotiating an agreement under the Electronic Communications Code (“the Code”). The ruling in EE and H3G v AP Wireless II (UK) Limited (Vache Farm) recently looked at the level of…
BackgroundRalls Builders Limited (“Ralls”) was a construction company which went into liquidation in 2011 following a period in administration. Its liquidators, Stephen Grant and James Tickell, brought proceedings under section 214(1) of the Insolvency Act 1986 (“s214”) seeking a declaration that the directors should pay a contribution to the company’s…
In Fulton and anor v Bear Scotland Limited, the EAT has confirmed that where there is a gap of more than three months between non-payments or underpayments of wages then this breaks the series of deductions for the purpose of bringing an unlawful deduction of wages claim.
The Employment Appeal Tribunal in the ASDA stores equal pay litigation has upheld the Tribunal’s decision that female claimants in retail stores can compare their pay with higher paid men in distribution centres.
Regulatory expert, Alan Millband discusses a recent Supreme Court decision which has lowered the standard of proof for an 'unlawful killing' conclusion in coroners’ courts and its impact on those providing care services.
Two recent cases have dealt with different issues in relation to restrictive covenants. The first related to an applicant having difficulty registering their disposition of a registered title because of a restriction (a common frustration for many people making Land Registry applications). The second dealt with the interpretation of a restrictive covenant…
In the appeal of Harvey v Dunbar Assets plc the Court of Appeal considered an unusual situation where a debtor had run the same arguments to identical statutory demands some three years apart. Mark Baldwin considers the judgment.
The EAT has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.
Care home providers will be breathing a sigh of relief as the Court of Appeal in Mencap v Tomlinson-Blake has today held that carers who sleep at a client’s home and are technically “on call”, are not entitled to the minimum wage whilst they are asleep.
On 29 November 2023 the Court of Appeal handed down a keenly awaited judgment, which concerned the court’s ability to require parties to take part in alternative dispute resolution ‘ADR’.
The EAT in Evans v Xactly Corporation Limited has upheld the decision of the tribunal in finding that calling an employee a “fat ginger pikey” did not amount to harassment.
Karyn Coburn considers the decision in BVC v EWF [2018] EWHC 2674 (QB) where the Court upheld the validity of service by email.
In Duchey Farm Kennels Ltd v Steels, the High Court has confirmed that an employee’s breach of a confidentiality clause contained within an ACAS-negotiated settlement agreement (COT3) did not release the employer from its obligation to pay outstanding settlement sums.
You would hope that the answer to the title question is always a resounding “no” but from recent experience it would appear that some local planning authorities are not so sure when it comes to providing supported living at existing flats.
Employees who continued to work and who did not take industrial action despite the introduction of a pay freeze were not deemed to have accepted the pay freeze as a variation to their contracts, the Court of Appeal has held.
The Supreme Court has confirmed that the notice period for a redundant employee began on the date the employee had a reasonable opportunity to read the written notice of termination.
The Norwich Employment Tribunal has found that ethical veganism is a philosophical belief capable of protection under the Equality Act 2010. As such, ethical vegans are now likely to be protected against discrimination because of their belief.
In Barclays Bank plc v Various Claimants the Supreme Court has confirmed that an employer will not be vicariously liable for the actions of genuinely self-employed contractors it has engaged.
Deborah Nigh, an Insolvency Partner at Howes Percival, looks at the Judgment of Wow Internet Limited –v- Qasim Majid [2020] EWHC 2890 (Ch) and discusses what this means for similar cases.
In the recent decision in Barton v Wright Hassall LLP the Supreme Court has held by a narrow majority that litigants in person have to comply with the rules of court in the same way as legally represented parties. Mark Baldwin considers the judgment.
The Court of Appeal upheld a claim for discrimination arising from a disability even though the employer was not aware that the disability caused the employee’s gross misconduct when dismissing.
The High Court in Ronald Martin v McLaren Construction Limited [2019] EWHC 2059 (Ch) exercised its discretion and set aside a statutory demand as the creditor had not demanded payment under the terms of a personal guarantee first.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
We invite you to join Howes Percival for a Commercial Property Update.
We invite you to join Howes Percival for a Commercial Property Update.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
In the decision in The Secretary of State for Business Innovation and Skills v Khan the High Court has considered the principles surrounding trading to the detriment of HMRC in directors disqualification proceedings. Mark Baldwin considers the judgment.
This week the Intellectual Property Office have rejected Liverpool Football Club’s application to trade mark “Liverpool” in the context of football products and services.
The Equality and Human Rights Commission (“EHRC”) has launched a consultation on its updated guidance on sexual harassment at work.
The King’s Speech yesterday morning marked the State Opening of Parliament following Labour’s election victory earlier this month.
Howes Percival has advised the shareholders of Kelvin Power on the sale of the business to electrical, automation and ICT engineering company VINCI Energies UK & ROI for an undisclosed sum.
You have probably heard it over and over again…the LPC is tough! It requires a different skills set and a lot more time and dedication than undergraduate studies. So, if you are not lucky enough to have the luxury of not having to work alongside it then it becomes even more of a challenge. However, fear not, it is tricky but not impossible to balance…
Studies have shown that couples who argue effectively are more likely to have a happy and long term relationship. The key however is effective arguing, not fighting.
At Howes Percival, trainees are encouraged to move offices during their training contract. Not only do you benefit from the experience of different specialisms, you get to meet more of your colleagues and build your professional network. Who doesn’t want more LinkedIn connections?
In this article we consider employee ownership in respect of a limited company acquired by way of an employee ownership trust.
Following a very high-profile seven day trial-cum-media-circus in May, the judgment in the dramatic High Court libel case between Rebekah Vardy and Coleen Rooney was handed down today. Having already ‘won’ the media coverage of the case, Coleen Rooney emerged as the winner in Court as well.
Patrick Manning reports on a director's disqualification case in which Howes Percival LPP acted for the Secretary of State for Business, Energy and Industrial Strategy. Tried and won in the High Court recently, the case involved non-payment of taxes with complicated underlying facts.
A recent Bahamian case, Flowers v Scavella [2024], examined an interesting point regarding how a mortgage on a jointly owned property should be settled on death. The Bahamian law in question derives from section 35 of the Administration of Estates Act 1925 (UK law) and so whilst the decision in this case is not binding in English law, the decision…
The Court of Appeal has delivered its Judgment rejecting in full the claimant’s application for permission to further appeal against the Employment Appeal Tribunal’s decision in the long-running case of Seyi Omooba v (1) Michael Garrett Associates Ltd (T/A Global Artists) (2) Leicester Theatre Trust Ltd.
The judgment handed down in the recent High Court case of Rowland Philip Bratt v Nigel Lawson Jones [2024] EWHC 631 has highlighted the significance which is placed on the “Margin of Error” in negligence claims against valuer’s, with importance weighted more towards the valuation result rather than how the valuation was obtained.
In this case, the Claimant was a charity trustee who was elected to the position of President-Elect of the Respondent, the representative body for psychologists in the UK.
The recently decided case of Guest v Guest shows the complexity of claims based on promises and how hard it can be for the Court to balance the interests of parties when giving effect to a claim for proprietary estoppel.
Undue influence has always been difficult to establish in the context of Wills. However, the case of Schrader v Schrader [2013] established that a Will was invalid on the basis of undue influence without having direct evidence of coercion.
Contentious probate solicitor Rachel Leatherland looks at the recent case, McLean v McLean [2023] EWHC 1863, which dealt with what amounts to an agreement for mutual Wills.
Many family lawyers are calling for a change to the law to introduce no fault divorce. This has been brought into focus by the case of Owens. We are not currently at that stage and many petitions are based on unreasonable behaviour. Justine Flack considers the evidence which is required and demonstrates the need for caution if seeking proof.
The Court of Appeal in Bath Rugby Ltd v Greenwood & Ors v Bath Recreation Ltd has found that the term “neighbourhood” is insufficient to describe the land which benefits from a restrictive covenant. This reversed the original decision of the High Court in a case concerning Bath Rugby Club’s plans to redevelop its ground. It is a decision which is likely…
The Supreme Court’s recent judgment in the case of The Harpur Trust v Brazel will have substantial implications for many sectors who regularly engage permanent part-year or casual workers.
In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust, the Employment Appeal Tribunal has held that the dismissal of a nurse was unfair where the selection criteria put her in a selection pool of one and no consultation took place before deciding on the selection pool.
The case of Watts v Davies [2024] EWHC 1177 Ch goes some way toward showing the importance of contemporaneous evidence about a person’s testamentary capacity.
Mr Justice Foxton in the case of Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 2002 (Comm) determined that a party who fails to plead contractual interest is not entitled to statutory interest.
In a recent case, Manchester City Council has secured a confiscation order in the sum of just over £174,000 from a landlord where its property was being used as a shisha café in breach of a planning enforcement notice.
A recent Court of Appeal decision has shed some light on a tricky area of case law relating to rights of way, and may help landowners maximise the use of their properties, where access is via a right of way. Landowners, whose property benefits from a right of way, may now have the option to acquire neighbouring land which would also benefit from the…
In the recent case of The Secretary of State for Business Industry and Skills v Akbar [2017] EWHC 2856 (Ch) the court had to consider the conduct of the directors in a group reorganisation which left creditors behind. Mark Baldwin, the solicitor who attended the trial, considers the judgment.
In Base Childrenswear v Otshudi, the EAT has upheld a Tribunal decision to award compensation of £16,000 for a one-off act of race discrimination. The case also suggests employers are obliged to deal with post-employment grievances, in accordance with the ACAS Code on Disciplinary and Grievance procedures.
The Court of Appeal of Northern Ireland has confirmed in the case of Chief Constable of the Police Service of Northern Ireland v Agnew (and others) that a series of deductions will not necessarily be broken where there is a gap of 3 months between deductions.
In the case of Tillman v Eghon Zehnder Ltd, the Supreme Court has confirmed that words can be deleted from a restrictive covenant in order to make an otherwise void restriction enforceable.
On 15 September 2020, the High Court handed down judgment in a test case brought by the FCA, ruling that some insurance providers must reimburse businesses for losses caused by the Covid-19 lockdown where cover had previously been denied.
In the recent case of AECOM Ltd v Mallon [2023], the Employment Appeal Tribunal has found that an employer was under a duty to make reasonable adjustments (and failed to fulfil that duty) when its requirement for job applicants to create an online profile and complete an online application form put an applicant with dyspraxia at a substantial disadvantage.
In this case, the claimant was on maternity leave when a redundancy exercise reduced the respondent’s team leader positions from 21 to 16, resulting in the claimant being made redundant. Following her dismissal, she brought claims of unfair dismissal and maternity discrimination.
Landowners are often keen to incorporate an overage agreement when selling land to a developer to make more money from their land, however, a recent court case highlights the need to negotiate these agreements carefully to avoid uncertainty and misinterpretation.
In the case of Gray v Mulberry Company (Design) Ltd, the EAT have found that the employee’s belief in protecting ownership of her artistic creations was not a protected belief.
The High Court in Brown & Anor v Neon Management Ltd & Anor has ruled that employees working a notice period of six months or more could result in them affirming the contract and waiving the employer’s repudiatory breach, although in this case the claimants had not done so as the employer committed further breaches in their notice periods.
In his latest article, Property Litigation Partner, Jamie Kidd discusses the case of Rashid v Nasrullah and what can happen if someone delays in challenging a forged transfer of land.
In the recent case of Integral Petroleum SA v Petrogat FZE and San Trade GmBh [2018] EWHC 2686, Mrs Justice Moulder had to determine whether individuals had acted as de facto directors. Sue Austin considers that aspect of the judgment.
In the case of Hare Wines Limited v Kaur, the Court of Appeal upheld a decision of the Employment Appeal Tribunal (EAT) that dismissal of an employee immediately before a TUPE transfer was automatically unfair because the principal reason was the transfer and not ‘personal’ reasons relevant to the employee’s circumstances as argued by the employer.
A recent case has seen the courts confirm that a binding contract can exist even if it’s only been signed by one of the parties.
Estimates of the percentage of people in the UK who have not made a Will are all disturbingly high, often topping 60%. Failure to take this simple precaution can leave people extremely vulnerable, particularly in the case of couples who choose not to marry or form a civil partnership. This article explores some of the relevant issues.
Reversing the ruling of Sir Wyn Williams, the Court of Appeal ruled on 5th November in the case of Finney v Welsh Minsters [2019] EWCA Civ 1868 that it is unlawful to use section 73 of the Town and Country Planning Act 1990 to amend or contradict the description of the development permitted by a planning permission.
Howes Percival’s planning team comment on the latest Planning Court case dealing with the tilted balance.
The recently decided European Court of Justice (ECJ) case, ISS Facility Services v Govaerts, could have significant implications for UK employers, specifically affecting the way the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are applied where a TUPE transfer involves multiple transferees.
Resolving drainage issues on new development sites is an essential but often painstaking exercise. If additionally you need rights over land belonging to third parties, you may find them unwilling to give you what you want at a price you are prepared to pay. So you may be interested to hear about a strategy adopted in a recent and relatively developer-friendly…
The Supreme Court has delivered its judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home). The case considered whether two “sleep-in” care workers were entitled to National Minimum Wage (“NMW”) during all shift hours including those spent sleeping at or near their place of work.
The Supreme Court has delivered its judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home). The case considered whether two “sleep-in” care workers were entitled to National Minimum Wage (“NMW”) during all shift hours including those spent sleeping at or near their place of work.
The Court of Appeal has in the last few days ruled in the case of Re Hirachand (Deceased) that a “success fee” in a claim funded by a Conditional Fee Agreement (CFA, or as they are often known, a ‘no win, no fee’ agreement) could be recovered as part of the award under the Inheritance (Provision for Family and Dependants) Act 1975.
Last month The Guardian highlighted again the case of Joan Blass who died in 2016 aged 91. Joan Blass had suffered from vascular dementia having been diagnosed in 2011. That same year she met Colman Folan who was 24 years her junior. He moved into the home of Joan Blass just a month later.
In the case of Kocur v Angard Staffing Solution Ltd, the Court of Appeal has provided clarity on the extent of rights afforded to agency workers by the Agency Workers Regulations 2010 (AWR), specifically whether agency workers have the same rights as permanent employees insofar as applying for certain vacancies at the end hirer.
A “no contest” clause is a device that can be included in a Will to try to put someone who is unhappy with the terms of a Will off the idea of challenging its validity or bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Nathan v Leonard and National Association For Mental Health (2002) is cited as the leading case…
In a recent case the Court had to decide whether a person named as an Executor had standing to bring an application for a Declaration of Presumed Death under the Presumption of Death Act 2013.
In the recent case of Ponticelli UK Ltd v Gallagher [2023], the Inner House of the Court of Session (Scotland’s equivalent of the Court of Appeal) ruled that an employee’s right to participate in a share incentive (“SIP”) plan arose “in connection with” their contract of employment for the purposes of the Transfer of Undertakings (Protection of Employment)…
Father's Day is fast approaching and whilst many separated parents are successful in amicably navigating special occasions with one another; this is not the case for every family.
Proprietary estoppel seems to be the gift that keeps on giving for agricultural professionals. With yet another case reported this month (Williams v Williams), following hot on the heels of Morton v Morton in January, what can we, as our clients’ trusted advisors, do to reduce the risk of such claims?
There will be much discussion and debate concerning the Supreme Court Judgment handed down on 5 October 2022 in the case of BTI v Sequana [2022] UKSC 25 but, in essence, what you need to know is as follows.
Join Howes Percival's Private Wealth experts for their upcoming webinar, where they will use a case study to discuss key differences between cohabitation and divorce when it comes to splitting assets in a relationship breakdown and what happens when a partner dies with no Will in place?
The High Court have rejected an appeal by landowners in a case where the access had been physically used without issue until relations broke down and a fence preventing access was erected with far reaching implications.
Join Howes Percival's Private Wealth experts for their upcoming webinar, where they will use the above case study to discuss various scenarios including: identifying undue influence; revocation and drafting of Wills; the importance of working collaboratively with other professionals; the definition of “child” in different contexts (with some surprises…
A landlord can oppose a statutory renewal of tenant’s commercial lease under the Landlord and Tenant Act 1954 on certain grounds set out in the Act. The interpretation of these grounds, in this case whether or not the landlord’s intent and/or motive affected their reliance on the grounds, is key to determining if a renewal is granted.
In the case of Cod Hyde Limited v Space Change Management Limited, heard on 7 April 2016, an application to restrain the presentation of a Winding up Petition on the grounds of dispute and counter-claim was refused because of the failure, by the claimant, to adhere to the provisions of a bespoke JCT Design and Build contract entered into between the…
Since the start of the Covid-19 (coronavirus) Pandemic we have been contacted by many employers to ask about their reporting obligations under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) and specifically in relation to whether employers must report incidences where someone working for them catches Covid-19…
In this article Gordon Simpson, Commercial Litigation Solicitor, considers the obiter comments of the Judge.BackgroundThe case of Goldsmith v Chittell [2016] EWHC 630 (Ch) involved a claim by the claimant, Jonathan Goldsmith, for repayment of a loan of £663,232. Mr Goldsmith claimed that he had loaned the sum of £718,232 (the equivalent of $1.3 million)…
There are two stages to the sale or purchase of land in England and Wales. The first is an exchange of contracts and the second is completion.
Head of Family Law at Howes Percival, Justine Flack gives her top five tips to help ensure your divorce is handled in the most efficient and cost effective way possible.
In recent years we have seen an increasing number of claims brought on the basis of the legal concept of proprietary estoppel. Proprietary estoppel claims can have particular relevance in the agricultural sector and involve a claim by a party to land belonging to another.
With the Courts in England and Wales struggling with significant backlogs, this is the fourth in a series of articles when Family Law Expert, Sally Harris, explores alternative routes to resolve matrimonial financial claims without waiting months for a Court date.
NEWSIn Taylor v Ladbrokes Betting and Gaming Ltd, the employment appeal tribunal considered the argument that type 2 diabetes should be treated as a progressive condition under the Equality Act 2010 and therefore deemed to be a disability. The case was remitted to the employment tribunal to be reconsidered in light of further medical evidence.DETAILSUnder…
Alice Liddle discusses how time can affect property arrangements as well as some of the traps and tricks.
We are all familiar with the phrase “a right to privacy”. It is something that we all value and it is common for celebrities to fight for it through the courts, but to what extent can we rely on it when going through a divorce? Do we have a right to keep certain information to ourselves? What about past secrets that have been kept during the marriage?…
In a decision by the Technology and Construction Court (TCC) a tenant has had their claim against a contractor for failure to identify and rectify defects dismissed.
In early March 2020, nobody could have anticipated the impact the COVID pandemic would have on the UK economy and Britain as a whole. No business or individual can fail to have been affected in some manner. Howes Percival and Price Bailey have joined up to highlight some of the hurdles the construction sector may find along its path, and how to approach…
The ‘new’ telecommunications code may not be so new anymore, having been around since December 2017. But thanks to a raft of cases testing its limits and interpretation, we have a far better understanding of its impact than we did when it was first introduced. So what have we learnt? We set out the 5 key things for landowners to remember about this…
The Employment Appeal Tribunal has held that an employee, dismissed during her probationary period for poor performance, was not discriminated against because her employer was only made aware of her disability following the dismissal (Stott v Ralli Ltd).FactsMs Stott worked for Ralli Ltd and was dismissed for poor performance during her probationary…
English law (oddly perhaps) provides that marriage revokes an earlier Will but a divorce does not. As a result, divorcing couples are quite properly advised to make a new Will when they contemplate a divorce to ensure that their wishes are expressed.
NEWSThe Employment Tribunal in the ASDA stores equal pay litigation has allowed female claimants in retail stores to compare their pay with men in distribution centres. This means the claimants have overcome an important hurdle in their claim for equal pay.IMPLICATIONSThis case concerns around 7,000 claimants working in the retail division of ASDA…
NEWSThe Court of Appeal has confirmed, in the case of Lock v British Gas Trading Limited that holiday pay must include any results-based commission that would normally be earned by an employee. IMPLICATIONSThe Lock litigation is important for many employers as it has confirmed that the Working Time Regulations 1998 (“WTR”) can be interpreted to accommodate…
On 14 July 2016, the Competition Appeal Tribunal handed down a 300-page judgment in the case of Sainsbury's Supermarket Ltd v MasterCard Incorporated and others. As a result of the judgment, MasterCard has had to pay Sainsbury’s over £68 million (plus interest) for fees imposed as a result of customers using debit and credit cards in store. Sainsbury…
Should both parties act on a mistaken assumption about a certain provision, this can override the terms of the lease, with potentially costly consequences.Introduction Ordinarily, the parties to a lease either abide by its terms or, if a there is a breach, the dispute is settled one way or the other. But what happens if a party mistakenly breaches…
The Supreme Court has overturned the previous decisions of the Court of Appeal and High Court, finding that Morrisons supermarket were not vicariously liable for the unauthorised uploading of payroll data to the internet by an employee who used his own personal equipment at home on his day off.
Over recent years the Courts have seen an increase in the number of claims being brought under the Inheritance (Provision for Family and Dependants) Act 1975
The recent conviction of 66 year-old Penelope Jackson in the killing of her husband David following a row over a birthday meal is shocking both on the circumstances that led to the murder and the ages of those involved.According to reports, Mrs Jackson stabbed her husband with a kitchen knife after a row over her serving bubble and squeak with a gourmet…
In the first of a series of articles, Head of Family Law at Howes Percival, Justine Flack considers the consequences of a death within divorce proceedings.
With the Courts in England & Wales struggling with significant backlogs, this is the first of a series of articles where Family law expert, Sally Harris, explores alternative routes to resolve matrimonial financial claims without waiting months for a Court date.
Making a Will is a sensible approach to organising your affairs and something that almost everyone should do. As clients get older the destination of their assets when they are no longer here to enjoy them will often become a more pressing consideration.
The Civil Procedure Rules (CPR) govern the litigation process, containing rules as to how each stage is to be conducted and what information documents are to include.
Are you looking to sell part of your home’s garden for development? Take note and proceed with caution!
There have been examples where appeal inspectors and local planning authorities have exercised their respective planning judgements to conclude that development (in most cases, residential development) is sustainable and therefore benefits from a presumption in its favour within the National Planning Policy Framework notwithstanding that the development…
NEWSThe Employment Appeal Tribunal has held that the duty to make reasonable adjustments for a disabled employee could extend to continuing to pay a higher salary to an employee who is moved to a lesser role.IMPLICATIONSThe Employment Appeal Tribunal’s view was that there was no reason in principle why the duty to make reasonable adjustments should…
BackgroundThe rules regarding security for costs are found in Civil Procedure Rule (“CPR”) 25.12 and 25.13. The extracts relevant to this article are as follows:Rule 25.12(1) “(1) A defendant to any claim may apply under this Section of this Part for security for his costs of the proceedings."Rule 25.13“(1) The court may make an order for security…
BackgroundA bankruptcy order was made against Mr Brian Cooke on 18 December 2014 on a petition presented by Dunbar Assets Plc ("Dunbar"). Mr Cooke appealed the bankruptcy order and this was dismissed by the Judge on 6 April 2016. At this time, it became apparent that there was a fundamental disagreement between the parties as to the costs order which…
Howes Percival has this month defeated another judicial review claim to enable a multi-million pound development to proceed. This case of Dignity Funerals Limited v Breckland District Council and Thornalley Funeral Services Limited [CO/497/2017] is a further example of the Courts being asked to scrutinise a planning authority’s decision making and…
BackgroundParties to litigation often choose to settle their disputes to avoid the time, costs and stress that they can encounter by embarking on, or continuing with, court proceedings. Whether a dispute is settled through mediation or simply by correspondence, when the parties enter into a binding settlement agreement it is very important to know…
Overage is a mechanism that gives a seller of land an opportunity to share in the uplift in value of land following a grant and implementation of planning permission, or to take advantage of the value provided by section 106 contributions from a planning permission.
With the demise of Carillion, public sector contracts are back in the headlines. However, while the press has focussed on the implications of such contracts for the Government and the tax payer, little has been said about how such contracts work for the businesses that enter into them.
Justine Flack from the family team gives tips on how to tackle the issue of taking your child on holiday when you are separated from the other parent, including what you need to know and what to do if you encounter difficulties.
The High Court have laid out extensive guidance for administrators when appointed by a secured creditor and open up the possibility of claims against an administrator’s appointing party if they act essentially as their agent.
The court will be cautious about refusing security for costs on the grounds that it would stifle a serious or genuine claim. Sarah Lee considers why the court was willing to do so in the recent decision to do in Absolute Living Developments Limited v DS7 Limited.
In the wake of the Covid-19 pandemic, businesses have been doing their best to keep operational. Although that has become impossible for some, in particular as a result of the unprecedented measures announced on Friday 20 March 2020 and Monday 23 March 2020 by the government, there are those which have been able to continue by implementing remote working…
Howes Percival’s planning team comment on the recent developments arising in the sphere of planning as a result of the coronavirus pandemic
There has been some discussion in recent years about the interaction between the test for testamentary capacity set out in the case of Banks v Goodfellow (decided in 1870) and provisions of the Mental Capacity Act 2005.The 2021 case of Clitheroe v Bond confirmed that the Banks v Goodfellow test prevails and also provided guidance to be used where there…
A recent case has highlighted the importance of having a (good!) lawyer look at your lease before you enter into it - otherwise you might be at risk of certain damage to the demise not being covered by its terms. We’ve summarised the recent case (Stonecrest Marble Ltd v Shepherds Bush Housing Association Ltd [2021] EWHC 2621 (Ch)) below.The CaseThe…
The Courts have long made it clear that they will do their utmost to preserve testamentary freedom and that it should take a lot for a Court to interfere with the expressed wishes of someone who has made a Will.
The office Christmas party can be a great way to boost morale and build relationships with co-workers. However, with employees ‘letting their hair down’ and getting into the festive spirit fuelled with the availability of free alcohol, employers may be left feeling anxious about the fallout from the end of year celebrations.
Background The relevant provisions relating to the appointment of administrators are Schedule B1 of the Insolvency Act 1986. In order for an administration order to be made there are two preconditions specified in paragraph 11 of Schedule B1 which must be satisfied. The court must, firstly, be satisfied, on a balance of probabilities, that the company…
BackgroundSection 284 IA 1986 provides that any disposition of property made by a bankrupt during the period from the date the bankruptcy petition is presented, or a debtor’s bankruptcy application is made, until the estate vests in the trustee in bankruptcy on appointment, is void unless made with the consent of or is subsequently ratified by the…
NEWSThe Northern Ireland Court of Appeal has held that a bakery discriminated against a customer on the grounds of sexual orientation when it refused to decorate a cake with a slogan supporting gay marriage.IMPLICATIONSWhilst not an employment law case, this is an interesting decision on the conflict between two protected characteristics, in this case,…
BackgroundIn 2002 Jacqueline Powell (“P”) and a former partner set up Wormtech Ltd (“Wormtech”), a waste processing company. As part of its business, Wormtech held a permit from the Environment Agency (“EA”) to turn food waste into compost. The process was conducted in South Wales, on land owned by the Ministry of Defence (“MoD”). Key factsWormtech…
In a judgement handed down on 29 June 2017, the Court of Appeal overturned the decision of His Honour Judge Purle QC in the case of Rowntree Ventures Limited v Oak Property Partners Limited. Howes Percival had represented a number of creditors of two companies, Oak Property Partners Limited and Oak Forest Partnership Limited. The creditors were…
In Charlesworth v Dransfields Engineering Services Ltd the EAT held that the Claimant’s absence from work due to a disability was not an operative cause of his dismissal by reason of redundancy.
In April 2013, a new test of proportionality was introduced to assess the amount of costs to be awarded in cases brought before the court. This article considers a recent decision taken by the Senior Courts Costs Office and the implications this will have on claimants in the future.Once a litigated dispute has been resolved, the court has complete…
JudgmentSee: Costs Judgment at foot of this judgment.Mr Justice Males :The village of Bishop’s Cleeve in Gloucestershire lies within the Central Severn Vale. Currently its population is about 10,700. To the north and north-west is open farmland. That farmland includes a total of 87.9 hectares with which this application is concerned. The Secretary…
PreliminariesA Statement of Common Ground was agreed between the principal parties and submitted at the hearing. It sets out details of the appeal proposal, a description of the appeal site and its surroundings, and the relevant planning policies, together with matters of agreement and matters of dispute. It also includes a list of draft conditions,…
Asbestos: Court confirms landlords do not need to remove all asbestos – landlords just need to take reasonable steps
The High Court has dismissed the challenge against a Written Ministerial Statement which dilutes the need for local planning authorities to demonstrate a five year supply of housing land where recently adopted neighbourhood plans allocate sites for housing. Howes Percival’s Planning Team examines the consequences.
Time spent ‘on call’ at home but within 8 minutes travel of a workplace can be “working time” under the Working Time Directive.
The revised National Planning Policy Framework (NPPF) was finally published on 24 July 2018 just before the summer recess of the House of Commons. Howes Percival’s planning team review the implications of the largest overhaul of national planning policy since 2012.
The Employment Appeal Tribunal in Brooknight Guarding Limited v Matei has held that a security guard on a zero hours contract was an agency worker under the Agency Worker Regulations 2010, and was not a permanent employee.
The EAT in East Kent Hospitals University NHS Foundation Trust v Levy has held that a tribunal was entitled to find that an employee’s letter to her employer giving ‘one month’s notice’ was not a letter of resignation.
Neena Jakhu discusses a recent win by Howes Percival LLP defending a debtor’s application to set aside their Local Authority client’s Liability Orders following the instigation of insolvency proceedings.
The EAT in Awan v ICTS has held that there was an implied term in an employment contract requiring the employer not to dismiss the employee by reason of ill-health capability if that would result in the employee no longer being entitled to long-term disability benefits.
The office Christmas party can be a great way to boost morale and build relationships with co-workers. However, following the rise of the #MeToo Movement, and a number of high profile sexual harassment scandals, employers may be left feeling more anxious than ever about exposing themselves to such claims arising from events at the office Christmas…
Retail giant, Iceland Foods, have been accused by HMRC of breaching national minimum wage rules by operation of a Christmas saving scheme offered to its employees.
Separation and Divorce brings about a number of significant changes. In circumstances where one party has worked fewer hours or not worked at all, is it fair to expect that party to now seek full time employment?
It’s no secret that times are tough for high street tenants, with rising business rates and falling footfall. In light of this, retail tenants may be looking to consolidate their assets by closing down premises and terminating any obligations under their leases. Sometimes a tenant or its administrator may try to do this by manoeuvring its landlord…
Sophie Key considers the impact of Coronavirus on financial settlements ordered by the Financial Remedies Court.
The UK Government announced a plan to avoid mass redundancies through the impact of the Covid-19 pandemic by offering to cover 80% of workers’ wages for four months starting retrospectively from 1 March 2020, known as the Coronavirus Job Retention Scheme (“Scheme”).
Jay Mehta, Director in Howes Percival’s planning team provides practical insight for those promoting schemes within the Green Belt following a helpful Supreme Court decision and provides further advice on how to ensure planning permissions are not subject to successful judicial review.
Howes Percival’s planning law experts comment on a recent planning appeal decision by the Secretary of State on local housing need.
Family law partner, Justine Flack looks at the effect of the Covid-19 pandemic on divorce settlements and gives some practical steps for those who feel their settlement has become unfair in light of the circumstances.
Amy Walpole considers the impact of redundancy on financial settlements within Divorce settlements.
Landlords and tenants often include break clauses within heads of terms – the commercial arrangement is that one or either party can terminate the lease and exit the property.
Employment expert, Nick Benton, partner at Howes Percival, comments on the importance of having effective anti-harassment training in the workplace, to give employers the option of the reasonable steps defence if faced with a harassment claim.
In a recent decision (Kubilius v Kent Foods Ltd), the Employment Tribunal found that Kent Foods’ dismissal of Mr Kubilius, for refusing to wear a face mask while attending one of its client’s sites, was fair.
You have found the perfect site to develop. You have instructed your solicitor to commence the due diligence and they quickly discover that there is a restrictive covenant on the title limiting or even prohibiting development of the land. Your plans for the site appear to be in ruins – but is there anything that can be done to salvage your development?
Family law expert, Melanie Westwood, considers the risks and uncertainties in paying child maintenance upfront as opposed to making monthly payments.
When pursuing a debt, it’s not always clear whether a letter before action or a statutory demand is appropriate. Here, Hope Wilson (dispute resolution associate) and Gurjeet Kaur Walia (insolvency associate) discuss the key differences between these two options.Letter before actionA letter before action (“LBA”) is also known as…
Here our experts review the Provision for Family and Dependants Act 1975 and what consideration should be given by grandparents and step-parents who stand in the shoes of a parent to a “child” when estate planning.
The Court of Appeal has given judgment in Smith v Pimlico Plumbers, the second significant judgment between the parties with implications for UK employment law.
The Competition and Markets Authority (CMA) has updated its guidance on consumer law advice for UK care home providers. As care home providers, it is important for you to understand and comply with consumer law obligations.
The recent decision in Shazam Productions Ltd -v- Only Fools The Dining Experience Ltd & Ors [2022] EWHC 1379 (IPEC) serves as an excellent reminder of the potential breadth of works protected by copyright, together with how the tests for such protection are applied.
Howes Percival’s social housing experts review the recent Leasehold Reform (Ground Rent) Act 2022 and consider its implications in the eyes of housing associations.
This article looks at the issues that arise when there is a dispute as to the burial or cremation of a person.
Construction law expert Simon Franklin discusses the importance of strict compliance with contractual payment terms
Litigation can be a costly process but there are ways in which you can fund it. The costs of litigation will include not just your legal costs which are your solicitors’ fees but also disbursements such as barristers’ fees, court fees and potentially expert and mediator fees.
From 12 February 2024, new planning applications for major developments will be subject to a pre-commencement planning condition requiring a minimum 10% improvement in biodiversity and maintenance of it for at least 30 years.
Actor Hugh Grant took to X (formally known as Twitter) on 17 April 2024 to announce that he had accepted a Part 36 offer and settled his lawsuit against The Sun.
At 104 pages and accompanied by numerous associated documents, reports and responses dealing with proposed changes to the NPPF, Local Plans, starter homes regulations, CIL, Planning and Affordable Housing for Build to Rent, planning application fees and custom build housing, the much awaited Housing White Paper greets the reader with a foreword from…
The EAT has ruled in Dudley Metropolitan Borough Council v Mr G Willetts and others that remuneration linked to overtime work performed on a voluntary basis could be included in normal remuneration for the purpose of calculating holiday pay.
NEWSIn Achbita v G4S Secure Solutions, the ECJ decided that an employee dismissed for insisting on wearing a headscarf in the workplace did not suffer direct discrimination. This was on the basis that the dismissal was further to a company policy which banned all wearing of political, religious or similar signs regardless of any particular religion…
On 23 January 2017, the UK High Court approved a reverse cross-border merger in which a UK parent company (Formenta Ltd) was absorbed by its Italian wholly owned subsidiary (Newco Immobiliare S.R.L.). The ruling has cleared the way for UK companies to be absorbed by European subsidiaries as they restructure in response to Brexit. The mechanism of a…
We look at the recent Upper Tribunal decision of Bennett v Winterburn which appears to answer the question whether land owners can prevent the acquisition of rights over their land by erecting signs ...
Contentious probate solicitor Rachel Leatherland looks at the effects of a marriage after execution of a Will and marriage-proofing a Will.
Dress codes have recently been thrown into the spotlight, following a government review of current workplace practices. A joint report issued by two Parliamentary committees said that the Equality Act 2010 should be properly enforced to ban sexist dress rules at work, which discriminate against women.
In Royal Mencap Society v Tomlinson-Blake, the EAT has determined that an employee who was required to carry out a sleep-in shift to provide support and care to vulnerable adults in their own property was entitled to national minimum wage for the full duration of the night shift.
In the Government Legal Service v Brookes the EAT has confirmed the earlier decision of the Employment Tribunal, that a candidate required to carry out a psychometric test as part of a recruitment process, was placed at a particular disadvantage because she had Asperger’s syndrome.
In Ali v Capita Customer Management Limited a new father succeeded in his direct sex discrimination claim against his employer when he was only entitled to two weeks’ full pay paternity leave followed by shared parental leave at statutory pay, whereas his equivalent female comparator was entitled to 14 weeks’ enhanced maternity leave on full pay.
The Court of Appeal has now confirmed that signs which are clearly visible can be effective in stopping prescriptive rights from accruing.
If your current Will was made before October 2007 and you were married at the time, there is every chance that it contains a Nil Rate Band (NRB) Trust. Unless a trust is needed for reasons other than making sure the NRB was used, it is no longer serving any purpose and could soon pose the risk of actually causing additional tax.Every person (unless…
Employment status has become a hot topic in recent months, with a number of high profile cases grabbing the headlines. Graham Irons from Howes Percival, explores the recent Uber and Citysprint cases, which determined that “self employed” contractors were actually workers and the impact that this could have on the growing gig economy in the UK.Why does…
There are many recent examples where appeal inspectors and local planning authorities have exercised their respective planning judgements to conclude that development (in most cases, residential development) is sustainable and therefore benefits from the presumption in its favour within the National Planning Policy Framework notwithstanding that the…
The IET pilot scheme aims to simplify the court process for simple insolvency applications before Bankruptcy Registrars in the High Court in the hope that this will reduce court time and costs for the parties.
The EAT has upheld the Tribunal’s decision that Uber drivers are ‘workers’ under the Employment Rights Act, the National Minimum Wage Act and the Working Time Regulations. In doing so, the EAT confirmed that the Tribunal was entitled to look beyond the contractual documentation which described drivers as self-employed.
The Court of Appeal has upheld a Tribunal's decision that an employer was not deemed to have knowledge of an employee’s disability where an OH report had wrongly determined that she was not disabled.
Do I have to pay employees unable to get to work because of bad weather conditions?
Further research supports the growing demand for a change in the law to allow for no fault divorce.
The Court of Appeal’s ruling in Pimlico Plumbers Limited v Smith, that a plumber whose contract described him as an independent contractor was a worker under the Employment Rights Act 1996 (ERA) and Working Time Regulations 1998 (WTR), and in employment for the purposes of the Equality Act 2010, has been upheld by the Supreme Court.
Spousal maintenance is a topic which can be hotly debated. Should there be long term orders; the ‘meal ticket for life’? When should the recipient be expected to be self-sufficient? What level of payment should be made; what are reasonable needs?
Whether you are a landlord or tenant, the inclusion of a break clause within a lease can be vitally important. A break clause allows the lease to be terminated early (by the landlord or tenant (or both)) if specific conditions are met.
Karyn Coburn considers the Court of Appeal decision in Sony/ATV Music Publishing LLC and another v WPMC Ltd and another [2018] EWCA Civ 2005 refusing to make a non-party costs order where an early warning had not been given to the non-party.
Profits available when interim dividends are paid determines if they are lawful; and quantum meruit is no defence to an unlawful dividends claim when the company is insolvent. Sarah Lee considers Global Corporate Ltd v Hale [2018] EWCA Civ 2618
In Ibrahim v HCA International Limited (‘HCA’) the EAT has confirmed that an allegation of defamation can give rise to a whistleblowing claim.
In Asda Stores v Brierley and ors, the Court of Appeal have dismissed an appeal from Asda that sought to challenge the rulings of the Employment Tribunal and Employment Appeal Tribunal allowing Asda store employees to compare their role with higher paid warehouse staff for the purposes of their claim for equal pay.
Having recently started my first seat in Insolvency Department in our Norwich office, I am already taking responsibility for different files and tasks after just a couple of weeks into my seat.
In October last year, the Government launched a consultation on updates to the National Planning Policy Framework (“NPPF”) and the National Planning Practice Guidance (“NPPG”) setting out proposed alterations to the standard method for assessing local housing need to ensure that it is consistent with increasing the supply of homes.
On 26 February 2019, the government launched a consultation on proposals to make HMRC a “secondary preferential creditor”. Business owners, directors, lenders and insolvency practitioners have until 27 May 2019 to feedback on these proposals.
In Cape Intermediate Holdings Limited v Dring [2018] EWCA Civ 1795 the Court of Appeal clarified what documents a non-party can obtain from the court file. Sarah Lee outlines the procedure and what court documents a non-party is entitled to.
In ICTS (UK) Limited v Visram, the EAT has upheld a Tribunal’s decision to award compensation for loss of a long term disability benefit (‘LTDB’) on the basis it would continue until the Claimant’s death or retirement.
In Antuzis and others v DJ Houghton and others, the High Court found directors of the defendant company personally liable for breaches of the claimants’ employment contracts.
Mark Baldwin of our Insolvency Service team considers the recent decision in Secretary of State for Business Energy and Industrial Strategy v Raymond St John Murphy [2019] EWHC 459 (Ch)
The recent EAT decision of Baldeh v Churches Housing Association has provided guidance on the extent to which “something arising in consequence” of a disability must be the cause of unfavourable treatment, for the purposes of a section 15 Equality Act 2010 (EA) claim.
Mr Zannetou was the sole appointed director of Ixoyc Anenis (2014) Limited (“the company”) from its incorporation in 2012 until its liquidation on 27 August 2015. The company commenced trading on 21 March 2014, when it acquired the assets of another company in liquidation, as a general provider of beauty treatments.
Not everyone can afford a solicitor to represent them at court so if you are faced with attending on your own, this guidance may help you to prepare.
In Forbes v LHR Airport Limited the EAT considered whether a discriminatory Facebook post was made by an employee “in the course of their employment”. If so, the employer could be liable for it.
As the saying goes, better the devil you know. Landlords and tenants need to be aware that commercial leases contain implied terms that are not expressly written down. Leases set out the obligations on the part of both the landlord and the tenant (and sometimes other parties, such as guarantors) and for this reason they are often lengthy documents.…
The EAT has ruled in Lafferty v Nuffield Health that an employer can fairly dismiss an employee who has been charged with, but not yet convicted of a criminal offence. On the facts the continued employment of the employee posed enough of a risk to the employer’s reputation to make the dismissal fair.
