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…
Shared parenting agreements will ‘benefit children and families’
The reforms being introduced by the Ministry of Justice (MoJ) are intended to strengthen parenting and reduce the time cases take to get through the courts. The Children’s Minister, Tim Loughton, said: “On the issue of shared parenting, we accept the need to clarify and restore public confidence that the courts properly recognise the joint…
Gay barrister was a victim of discrimination
Lee Bennett joined the fraud specialist law firm Bivonas in 2007. His role involved bringing in new work and liaising with barristers outside the firm. Staff at the firm knew he was gay. One day he found a note written by a senior colleague which claimed that Bennett “takes our cases to his batty boy…
Divorcing husband must pay more after failing to disclose assets
The case involved a mature couple who separated after several years of marriage. They agreed a clean break settlement in which the wife received a lump sum of £176,000. However, the wife later began to suspect that the husband had not revealed all his assets when the settlement was agreed and she applied to the…
Incorrect redundancy procedure leads to unfair dismissal claim
Firms that find themselves in this position need to take great care to ensure the correct procedures are followed. Failure to do so could result in a successful unfair dismissal claim, as a recent case illustrates. It involved a woman who worked as an actuary alongside three colleagues. They each had their own portfolio managing…
More ‘reluctant landlords’ entering the housing rental market
A survey of ARLA members showed that 47% had seen a rise in “unplanned lettings” by homeowners who either couldn’t sell or wanted to wait until the market improved so they would be able to sell for a higher price. It means that there are now many “reluctant landlords” who are turning to the private…
Insurers get injunction against rival firm set up by employees
The court found that the group had committed numerous breaches of their employment contracts and fiduciary duty. They enticed others to resign and also used confidential company information while still employees. The insurers claimed that the launch of the rival business was only possiblebecause the employees had breached and abused their employment contracts on several…
Does your business need a ‘pre-nup’ agreement?
This is particularly true for new or small businesses. For example, if two directors have equal shares in a joint venture, settling disputes can become very difficult. At that point, just like many married couples, both sides may wish they had a business ‘pre-nup’ in place. Such agreements should set out how disputes should be…
Rise in number of divorcees sharing pension funds
There are thought to be several reasons for the increase. The recession has reduced many people’s incomes and the value of assets such as stocks and shares. Property values have also fallen dramatically and the slump in the housing market means that homes can be difficult to sell. Money held in other high value assets…
Failure to pay interest invalidated break clause notice
The fact that the landlord had not sent a demand for payment made no difference. The case involved a tenant that had taken out a ten-year lease on commercial premises. There was a clause saying the lease could be terminated if the tenant gave three months notice of the specified break date. The notice would…
Teacher receives compensation after attack by pupil
The teacher was 49 years old when she was attacked at the school where she worked. She was pushed against a wall and the pupil then struck her on the shoulder with aschool bag. She sustained injuries to her neck and shoulder, and suffered from post traumaticstress disorder for two years after the attack. She…
Man’s death bed will upheld despite challenge by children
The man had lived with his partner for 32 years. He had children from an earlier marriage and also from an extra-marital affair. He fell terminally ill and so shortly before he died, he made a will leaving all his substantial estate to his partner. The will was prepared by his solicitor and read to…
Would you like to set up your own business?
The ‘Business in You’ campaign highlights the support available for people wishing to start a new business or develop an existing one. A statement from the Department for Business Innovation & Skills says: “Small businesses are the lifeblood of the British economy. Here we find the people with unusual and inspiring ideas, people who have…
Stamp duty holiday for first time buyers coming to an end
The scheme was introduced by the Labour Government in 2010 as a way to boost the housing market. It removed the 1% stamp duty tax for first time buyers on properties worth between £125,000 and £250,000. Many buyers hoped the holiday would be extended but the Coalition Government has confirmed that it is being scrapped…
You don’t have to be ill to use Lasting Powers of Attorney
This is because people often set up an LPA as a way of protecting their interestsshould they lose mental capacity in the future. This can provide great peace ofmind for people who fear their health may deteriorate with age. LPAs enable you to nominate someone such as a family member or trusted associate to make…
Surge in number of parents abducting their children
In seven out of ten cases reported to reunite, it was mothers who were responsible for the abductions. The Acting Director of reunite, Alison Shalaby, said: “It isconcerning that we have seen such a large increase in the number of childrenabducted, especially as we know this is just the tip of the iceberg – manycases…
PM wants to ‘kill off health and safety culture
He says he wants to address “the fear from businesses of being sued for trivial or excessive claims”. The Government is now planning to change the law on strict liability so that businesses will no longer be automatically at fault if something goes wrong. It will also investigate the demands made by insurance companies which…
Estate agent in court over Data Protection offence
The Data Protection Act 1998 requires organisations or individuals who process personal information in an automated form to notify the ICO, unless they are exempt. Failure to do so is a criminal offence and could lead to a fine of up to £5,000 in a Magistrates Court. If the case goes to the Crown Court…
Sales manager breached his duty when setting up rival company
The manager was working for an information technology consultancy when he decided to set up a new company of his own. While preparing his new venture, he downloaded some of his employer’s business contacts and copied invoices in order to use them for his own purposes. He also obtained contracts for his new company while…
NHS director awarded £933,000 in race discrimination case
Elliot Browne, who is 55, had worked for the NHS for more than 30 years. His career came to an end in 2008 when he lost his management job with Central Manchester University NHS Foundation Trust. Mr Browne claimed he had been harassed and verbally bullied because he was the only black director in his…
More landlords taking action against tenants in arrears
Figures released by the specialist receivers, Templeton LPA, also show that the number of tenants in “severe arrears” of more than two months rose by 18% last year to 78,970. That’s the highest level since the third quarter of 2008. Paul Jardine, director and receiver at Templeton LPA, said: “The soaring cost of renting has…
Inheritance tax cuts to support charity will start in April
The plan was announced in last year’s Budget statement. Chancellor George Osborne said that if at least 10% of the estate is left to charity, IHT will be cut by 10%.This would reduce the rate from the standard 40% to 36% for qualifying estates. It’s hoped that the measure will encourage more people to leave…
Don’t overlook new tax relief for property investors
The change rectified the situation whereby if an investor bought a property containing several flats from the same seller, the rate of SDLT would be determined by the total amount payable. For example, if there were five flats at £250,000 each then the total purchase cost would be £1.25m. SDLT would then be charged at…
New rules aim to prevent risky mortgage lending
The Financial Services Authority (FSA) wants tighter controls so that people don’t borrow more than they can afford and are properly informed when they take out amortgage. It says it wants “common sense” standards to apply in future. An FSA statement said: “The Mortgage Market Review aims to prevent a recurrence of the irresponsible lending…
Employees will have to pay to bring tribunal claims
Ministers say the move will relieve pressure on businesses and reduce the £84m annual cost to the taxpayer. The Ministry of Justice has now begun a public consultation on the proposals, which are designed to ensure that those who use the system make a contributiontowards the costs. The consultation offers two options for consideration: Option…
Till turning 60 do us part – divorce in later life
The latest figures show that the overall divorce rate across all age groups fell by 11% between 2007 and 2009. However, the figure for the over-60s rose by 4.2% to 11,507 over the same period. There are probably several reasons for this. People are living longer, more active lives. Many couples find they have grown…
When a letter can amount to a written contract
The case arose after the architects agreed to carry out consultancy services for a local authority under a framework agreement. The work was to be carried out in two stages. The first stage was completed without incident but there was a disagreement about fees for the second stage. The architects claimed they were entitled to…
Developers must pay extra after selling land cheap
The developers bought the land from the authority with a view to creating abusiness park. The authority retained a share in the open market value of theland, which meant an uplift was payable if the developers disposed of the landby sale or lease, or if they wanted to buy out the authority’s share. The developers…
Local authorities lose appeal over planning permission for HMOs
The need for planning permission was introduced in April 2010 by the last LabourGovernment after it had conducted a consultation with interested parties theprevious year. However, the new Coalition Government decided that imposing a blanket need for planning permission in such cases could not be justified. It feared it would deter landlords from providing much…
Proposals to help both married and cohabiting couples
This can sometimes create problems for partners and close family members who don’t inherit as much as they expect or believe they deserve. Cohabiting couples are particularly at risk because if one dies without having made a will, the other has no automatic right to inherit the estate. This applies even if the couple have…
Golfer receives nearly £400,000 after being hit by ball
The accident happened when the novice visited a golf club in 2007. He and his companions were approaching the 7th tee when they heard a warning cry of “fore”. The novice golfer ducked his head and raised his hand to protect himself but was still struck by the ball. His injury was so bad that…
OFT updates its guidance on debt collection
The revised guidance highlights specific practices that the OFT considers to be unfair, such as using Facebook, Twitter and other social networking sites to contact debtors. It says that it is not acceptable to contact debtors at unreasonable times or inappropriate places, such as when they are a patient in hospital. The guidance also warns…
Common sense should apply when interpreting business contracts
Delivering the ruling, Lord Clarke said: “If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.” The issue arose in the case of six separate companies that had each contracted to buy a ship for $33m from a Korean…
Make sure you know the boundaries when buying property
This is not as simple as it may appear, especially when provisions made in previous transfers of the property have an effect. A recent case before the Court of Appeal highlighted the problems that can arise. It involved a couple who bought a property that bordered a park. There were two potential boundaries to their…
Man awarded £1.8m compensation after ‘sun glare’ accident
He had been in the passenger seat of a vehicle when the driver was blinded by glare from the sun. The driver lost control of the car and collided with a stationary truck. The passenger suffered a near fatal brain injury. He was unconscious for six weeks and then had to spend three months in…
Government calls time on unfair practices that restrict pubs
The proposals have been put forward by the Department for Business, Innovation and Skills (BIS) and are in response to the Select Committee’s Report on Pub Companies. They set out the details of a strengthened, legally binding Industry Code which it’s hoped will improve the relationship between pub companies and licensees. A BIS statement highlighted…
Bankruptcy and debt relief orders don’t ‘rule out possession orders’
That was the ruling of the Court of Appeal in two separate cases involving two tenants. Both tenants held assured tenancies and in both cases their landlords had applied for possession because of rent arrears. The first tenant had been made bankrupt before the possession hearing; the second tenant had obtained a debt relief order….
Will writing and estate administration ‘open to abuse’
There could also be major problems if consumers allow unregulated practitioners to draw up lasting powers of attorney. The society raised its concerns in response to the Legal Services Board’s call for evidence into will writing, estate administration and probate activities. The problem is that anyone can set up in business as a will writer,…
Hotel retains right of way over neighbour’s service road
The original owner of the hotel had been granted a licence in 1973 to use the road to provide access for coaches and commercial vehicles. That licence was personal to the original owner and ceased to have effect when new owners acquired the hotel in 1980. In spite of this, however, the hotel continued to…
Would you share your lottery winnings with your spouse?
If one hits the jackpot, they may be able to simply walk away without giving the other anything. The case involved a woman who had won £500,000 on the National Lottery. She bought the winning ticket with her own money and without her husband’s knowledge. The couple, who can’t be named for legal reasons, were…
Directors disqualified after failing to keep company records
The company was placed in administration in 2009 with an estimated deficiency of £1.3m. It was then investigated by the Insolvency Service which was unable to find any of the cars listed on the company’s books. The case went to Crewe County Court, which found that the directors had failed to ensure that the company…
Father faces repeated jail terms if he disobeys court orders
The issue arose following the breakdown of his relationship with the girl’s mother. He was allowed contact with his daughter but that wasn’t enough. In 2009 he abducted her and took her to Pakistan. The girl was then made a ward of court so the father took her to Iran, which has no arrangements with…
Could you make a profit pursuing late payers?
Record numbers of firms are going out of business every day. Their demise is often caused by their inability to recover money owed to them. Thankfully, there are many options available when it comes to dealing with debtors. If handled properly, firms can turn credit control into a profit making operation by recovering unpaid money…
Demand for rented accommodation is outstripping supply
The Association of Residential Letting Agents (ARLA) says that the number of its members stating that there are more tenants than properties has reached the highest level since records began. A survey of ARLA members found that 74% of agents believe that demand is outstripping supply. This has remained constant for the last four quarters….
Covenant restricts homeowner’s right to build
Failure to do so could prevent you carrying out alterations or developing the land, as happened in a recent case in the High Court. It involved a house owner who had bought a property on a small residential estate managed by a residents company. There was a covenant relating to the property stating that it…
Have you recorded your internet passwords in your will?
A survey by the cloud computing company Rackspace found that many people have built up valuable collections of music and videos online and they want to be able to pass these on to their loved ones, just as they would with other property and assets. They also fear that their accounts on bank websites or…
New proposals to allow more firms to avoid audits
EU regulations list three criteria by which firms can be regarded as small for accounting purposes. These are: no more than 50 employees balance sheet total no more than £3.26m no more than £6.5m in turnover To obtain an exemption in the UK, companies must currently fulfil both the balance sheet and turnover criteria. The…
Have you had problems with hair removal creams?
In May 2011 she used AVON’s ‘skin so soft’ hair removal cream adhering to the instructions, and within minutes of application she suffered a severe chemical burn to her skin. The only warnings that were given were on a leaflet in very small print stated “to avoid a skin reaction, test before each use”.There were…
Buy to let landlords acquiring more properties
The Association of Residential Letting Agents (ARLA) and the Residential Landlords Association (RLA) conducted a survey of their members. The results showed that 30% of buy to let landlords in the North East had increased their portfolios in the last 12 months. The figure was 26% for both the Midlands and Greater London. The research…