Government announces employment law changes to boost economy
June 13th 2023The government has unveiled a series of employment law reforms aimed at boosting the economy and reducing costs for businesses. Joanne Stronach Director and Head of Employment & HR provides an update. The measures include changes to the Working Time Regulations 1998, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), and non-compete clauses. The measures are set out in the policy paper ‘Smarter Regulation to Grow the Economy’, published by…
Court corrects ‘inheritance error’ made while amending trust fund
June 7th 2023The High Court has corrected an error made when changing a trust fund because it would have led to significant inheritance tax liability. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The declaration of trust had been executed in 1992 in respect of a life insurance policy held by the settlor. It identified “possible beneficiaries”, including any children or grandchildren of the settlor, and certain “immediate beneficiaries” (Kate, Adam,…
Safety controller who nearly caused rail accident ‘unfairly dismissed’
June 1st 2023A team leader with controller of site safety status who nearly caused a rail accident was unfairly dismissed because the delay in dealing with his case took too long and was “wholly unreasonable”. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the decision of the Employment Tribunal in a case involving Network Rail Infrastructure (NRI) and Mr C Boxall. Boxall, who worked as a lubrication…
Court clarifies law on service charges as tenants lose appeal
May 26th 2023The Supreme Court has dismissed an appeal by tenants against rises in service charges and clarified how the law should be applied under the Landlord and Tenant Act 1985 (the Act). Natalie Tatton Solicitor in our dispute team reports on this recent case. The tenants occupied residential units within a block of flats. Under the terms of each lease, the tenants were required to pay a service charge (comprising a share of insurance,…
Corporate insolvencies soar by a third to highest level for three years
May 22nd 2023Corporate insolvencies soared by 37.7% in March to their highest level for three years, according to figures from the Insolvency Service. Carly Davies, our Debt Control Manager provides an update. There was a total of 2,457 insolvencies in March 2023 compared to February’s total of 1,784. That was a 15.9% increase compared to March 2022’s figure of 2,120. Corporate insolvencies increased by 145.9% from March 2021’s total of 999 and by 99.3%…
Long Covid sufferer held to be disabled despite regular gym sessions
May 19th 2023A tribunal has ruled that a long Covid sufferer could be classified as disabled despite being able to run a side business and attend regular sessions at the gym. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr S Bradley who brought an unfair dismissal claim against Cultureshift Communications. Before the claim could proceed in full, it was necessary to determine whether Bradley’s symptoms…
Court of Appeal upholds restrictive covenant relating to employee
May 10th 2023The Court of Appeal has upheld a restrictive covenant preventing a former employee from working for a rival until 12 months after the end of his contract. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved NZP Ltd, which developed and produced bile acid derivatives for sale to pharmaceutical companies for use in their products. One of its senior employees, Mr Boydell, was responsible for the…
Mediation before court action to be mandatory for separating couples
April 28th 2023Separating couples will be obliged to try mediation before being allowed to go to court to settle disputes over financial and child custody arrangements. Joanne Grey Associate Solicitor in our family law team provides an update. The government announcement is part of a major shake-up of the family justice system. The proposals will see mediation become mandatory in all suitable low-level family court cases excluding those that include allegations or a history of…
Business granted new tenancy despite opposition from landlord
April 20th 2023A recent case involving Gill v Lees News Ltd highlights the granting of a new tenancy to a business despite opposition from the landlord due to breaches of the tenancy agreement. Stephanie Johnson, Senior Associate Solicitor, provides a report on this case. The landlord opposed the tenant’s application for a new tenancy based on disrepair, rent arrears, other breaches of the agreement, and an intention to redevelop the premises. In…
Mother’s health must stabilise before she returns abducted son
April 13th 2023The Court of Appeal has overturned a decision that a mother must return her abducted son to Australia. It ruled that her mental health must be given time to stabilise before any order is made. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a 31-year-old British woman and her six-year-old son. The father was Australian. They began a relationship in 2015 and lived together…
