September 21, 2020
What is an employee? What is a worker? The answer to those perennially tricky questions has been illuminated by a ruling of the Employment Appeal ...
September 16, 2020
In a welcome development for thousands of small businesses, the High Court has ruled that losses arising from the COVID-19 pandemic are covered by ...
September 15, 2020
Speedy and cost-effective dispute resolution is the primary aspiration of the contract adjudication regime – but to what extent can that be ...
September 9, 2020
Disputes concerning major construction projects can simmer on for years after they are completed and one of the great advantages of litigation is ...
September 1, 2020
Many employers are taking laudable steps to increase diversity in their workforces by recruiting more women. However, as a case involving an ...
August 18, 2020
The names and trade marks of certain well-known regional food and drink products are tightly protected under European law. The extent of that ...
August 12, 2020
The process of selecting staff for redundancy is fraught with legal pitfalls and seeking professional advice at the outset can in the long run save ...
August 6, 2020
Contracts often require payments for services to be made in advance in order to get the ball rolling and provide liquidity, but this gives rise to ...
August 2, 2020
The vexed distinction between 'workers' and 'independent contractors' could hardly be more important for many businesses but remains perennially ...
July 29, 2020
Contract adjudicators' awards, even if disputed, must generally be satisfied straight away. That principle – often referred to as 'pay now, ...
July 21, 2020
The freeholds of a great many blocks of flats are held by tenant-owned companies which operate on democratic principles. Such arrangements are, ...
July 15, 2020
Sexual harassment proceedings against disgraced film producer Harvey Weinstein gave rise to a thorny jurisdictional issue that threatened to ...
July 12, 2020
Businesses that handle personal data but fail to take appropriate steps to guard against cyber attacks expose themselves to grave financial and ...
July 1, 2020
Fixed-term employment contracts mean what they say and expire at the end of their terms without the need for any notice of termination. The Court of ...
June 23, 2020
Public authorities engaged in nationally significant infrastructure projects have the power to enter private land to carry out necessary surveys. An ...
June 17, 2020
Trade marks that achieve widespread public recognition are the lifeblood of a great many businesses, forming the foundation of their brands. A High ...
June 14, 2020
When entering into a contract with a limited company, it is vital to know whether it is acting as principal, in its own right, or as an agent for ...
June 8, 2020
Qualifying apartment dwellers have a right to acquire the freehold of the buildings where they live, but does that extend to the subsoil beneath the ...
June 3, 2020
Many commercial contracts contain clauses which state that they can only be varied in writing. Such provisions offer the advantage of certainty and, ...
May 31, 2020
Workplace whistleblowers who, in the public interest, disclose what they believe to be wrongdoing are protected by the full force of the law. As an ...
May 25, 2020
Direct marketing messages that appear uninvited on mobile phones are viewed as a plague by many and those responsible for sending them can expect to ...
May 19, 2020
The Health and Safety Executive (HSE) has taken steps to support hand sanitiser manufacturers as UK production increases to tackle the ...
May 10, 2020
The consequences of discrimination in the workplace can be truly devastating and compensation awards to victims can be very substantial. In one case, ...
May 4, 2020
Are adjacent commercial properties in common occupation, but divided by a service area, to be treated as one unit or two for business rates purposes? ...
April 26, 2020
Works of artistic craftsmanship are, if original, entitled to copyright protection – but what exactly does the phrase mean? In a ruling that ...
April 19, 2020
Many commercial leases ban tenants from subletting the premises and breaching such embargoes can have severe consequences. In one case, tenants of a ...
April 13, 2020
Ascertaining exactly why an employee has been dismissed can be a complicated process. In a case on point, a supermarket chain defeated a worker's ...
April 5, 2020
The burgeoning demand for rented accommodation has encouraged some landlords to create flats which are not large enough to swing a proverbial cat. ...
March 30, 2020
UK equality watchdog the Equality and Human Rights Commission (EHRC) has issued new technical guidance for employers, to help them protect staff from ...
March 23, 2020
If you receive notice that your commercial property is to be compulsorily purchased to make way for a public infrastructure project, the only wise ...
March 10, 2020
Do landlords of commercial premises continue to be occupiers of the premises, thus owing a duty of care to tenants' visitors? In a guideline case ...
March 5, 2020
Managing a sick employee's return to work can be tricky and employers who fail to act fairly risk serious financial and reputational consequences. In ...
February 28, 2020
Directors are obliged to put their own interests to one side in making decisions for the benefit of the companies they serve. The Court of Appeal ...
February 26, 2020
Commercial tenants whose rights are trampled upon by their landlords are far from powerless and should seek legal advice right away. A shopkeeper who ...
February 21, 2020
Workplace practices that result in employees being treated less favourably because of their age may be justified if they are a proportionate means of ...
February 18, 2020
Miscreant employees often form the first link in a chain which feeds the black market in personal data. However, as a ground-breaking High Court ...
February 10, 2020
Included in almost every commercial lease is a covenant which confers on the tenant a right to peacefully enjoy the premises. One such provision came ...
February 6, 2020
The word 'disabled' may bring to mind a person who is physically incapacitated, but the definition of the word in employment law terms is far broader ...
February 4, 2020
Unsolicited direct marketing emails, sent without informed consent, are viewed as a modern scourge by millions and those who engage in such campaigns ...
January 28, 2020
Does an agreement to enter into a commercial lease come to an end if the identity of the prospective landlord changes? The High Court tackled that ...
January 22, 2020
Workplace disciplinary investigations require careful handling and employers who fail to act fairly are likely to be hit hard in the pocket. That was ...
January 7, 2020
It is only too easy for businesses dealing with office politics, poor trading or cashflow difficulties to take their eye off the ball when it comes ...
December 23, 2019
Neighbourhood plans are an increasingly common means by which local people are given the chance to express their views on the future character and ...
December 18, 2019
The National Minimum Wage (NMW) on the face of it imposes a straightforward duty to pay a minimum sum for every hour worked. However, as an important ...
December 10, 2019
The introduction of the new VAT domestic reverse charge for construction services, originally due this October, has been postponed until October ...
November 29, 2019
Shareholder disagreements as to the direction a company should take are generally fought out behind closed doors. However, as a High Court case ...
November 21, 2019
Record employment levels mean strong demand for office space, but the need for more new homes is perhaps even more pressing. A case concerning ...
November 18, 2019
People have all sorts of reasons for choosing not to eat meat, and that prompted an Employment Tribunal (ET) to rule that vegetarianism is a ...
November 13, 2019
It may seem obvious that no one can own a wild animal. However, in a novel case of interest to property professionals – and anglers – the ...
November 8, 2019
Flat tenants in certain circumstances have the right to band together and acquire the freehold of the blocks in which they live. However, as a High ...
