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….
Right to Buy discounts of up to £75,000 now available
The revamped Right to Buy scheme came into effect on 3rd April and provides some tenants with discounts that are three times higher than were previously available. Up to 2.5million tenants could benefit. The Government has pledged that homes sold under the scheme will be replaced by new properties for rent to ensure that there…
Landlords must comply with new tenancy deposit rules
If they fail to do so, they could face fines and find it harder to evict tenants. The new rules are part of the Localism Act, which redefines the way landlords should protect the deposits given to them by their tenants. Tenancy deposit schemes were originally introduced in 2007. Under that system,landlords had to protect…
Teenager awarded £5,000 after falling off faulty bicycle
He had been riding his mountain bike along an approved track that went through woods and included lots of twists, turns and jumps. As he was travelling downhill, he took a relatively small jump and when he landed, his right handlebar snapped. The boy went flying over the handlebars and his body hit the ground…
Will writing to be regulated to protect the public
The move comes after a long investigation by the Legal Services Board (LSB) – the body that oversees the regulation of legal services. The issue arose because at the moment, anyone can set up in business as a will writer, even though they have no qualifications, no insurance and are not regulated in any way….
The Challenges and Opportunities faced by Social Housing in light of reform of the Localism Act
Angela Macready, of Ison Harrison, along with Linda Stevenson, of QI Research, would like to invite you and your colleagues to a free workshop to discuss the challenges your organisation faces. Angela, among other specialisms is a legal advisor to the social housing sector and Linda facilitates dialogue between social housing associations and tenants, conducting…
Assert your property rights or you may lose them
Failure to do so could result in you losing ownership, as happened in a recent case before the High Court. It involved a couple who owned a piece of land close to their home. A neighbour started to use this land to park his car. The couple did not challenge this. The neighbour then fitted…
Mother wins appeal against returning her son to Australia
The mother had abducted her two-year-old son after her relationship with the father broke down. She said the father had a problem with alcohol and drug abuse, and had been violent and threatening towards her. She provided evidence from a psychologist saying that she suffered from chronicanxiety, which would be likely to cause clinical depression…
TUPE transfer ‘amounted to unfair dismissal of bus drivers
The casearose when the bus operator Centrewest transferred one of its routes in London to another operator,Abellio.The drivers were to keep their jobs but would need to work from a new depot six miles away. They resigned because the extra travel time to work was unacceptable to them. Their claim of unfair dismissal was based…
Businesses are asked for their views on workplace dismissal rules
The move is part of the wide ranging Employment Law Review, which aims to assess the awareness, understanding and the use of the Acas Code of Practice on Discipline and Grievance. The Review will also look at the idea of compensated no-fault dismissal formicro-businesses with fewer than 10 employees. The Business Secretary Vince Cable said:…
Developer must repay deposits after contract breach
However, it was not the delay itself that caused the problem, but the lack of due diligence in failing to get the work done as quickly as possible after problems arose. In February 2008, the developer took deposits from several people buying long leases on flats in a large apartment block. The flats were due…
Will declared invalid over signing error – adopted son loses out
The court ruled that the wills therefore had to be declared invalid. Alfred and Maureen Rawlings befriended and unofficially adopted orphan Terry Marley when he was 15. They already had two sons of their own. Mr Marley lived with them for 30 years and looked after them in their old age. The couple intended to…
Will power can prevent family disputes over your money
This is partly due to the increasing number of people having second marriages and relationships. More complicated family networks can lead to conflict. A typical problem might arise when a man marries for a second time but then leaves most of his wealth to the children of his first marriage. The second wife may feel…
The Queen’s Diamond Jubilee – is it a Holiday?
The Working Times Regulation 1998 allows 5.6 weeks’ annual leave. This equates to 28 days full time with part time workers having a pro-rata entitlement. It is important to bear in mind that although the 28 days is generally seen as 4 weeks of 5 days plus 8 bank holidays, the Regulations do not allow…
Judge urges neighbours to avoid costly boundary disputes
Lord Justice Mummery’s comments came after the end of a long legal dispute between two neighbours over a small strip of gravel between their homes. The details of the dispute are less important than the fact that Lord Justice Mummery felt the cost of legal action for both sides was out of all proportion to…
Do you need to take a stand over late payments?
Ministers also want businesses to sign up to its Prompt Payment Code, which already represents about 60% of the supply chain value in the UK. The Code is designed to encourage best practice and the Government is trying to set an example by pledging to pay 80% of invoices within five days. These are welcome…
Government widens its search for land to build new homes
HousingMinister Grant Shapps recently announced that he wants local authorities and Government departments to release enough land for 100,000 homes by 2015. He said the Government had already found enough land for 80,000 homes and more plots were still being identified. He said he was also looking outside Government departments and was working with organisations…
Delay proves costly for company seeking damages
The company had hired a firm of builders to carry out some roofing and cladding works at a new factory. A contract was agreed which stated that in the event of a dispute, no action could be taken after the expiry of a one-year period from when the builders last performed any services. The work…
HSE revises its guidance for employers on home working
The new guidance relaxes some of the regulatory requirements and recognises that a lot of work carried out at home is going to be “low-risk, office-type work”. In these circumstances, as an employer, you are only responsible for the equipment you supply. Turning to higher risk activities, the guidance says: “If your staff work at…