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  • Building Company Discovers Pitfalls of Oral Contracts

    18th January 2017

    Every sensible businessman knows that oral contracts are fraught with difficulty and that the results of a lack of formality can be ruinous. In one case that proved the point,...

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  • Medical Evidence in Employment Tribunal Personal Injury Claims

    17th January 2017

    If an Employment Tribunal (ET) is called upon to assess general damages for personal injury, this is a matter of fact to be determined based on the individual evidence.The award...

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  • Expert Resolution of Boundary Dispute 'Final and Binding'

    17th January 2017

    Neighbours engaged in boundary disputes would generally be wise to submit their differences to an independent expert for resolution, rather than fighting it out in court. However, as one High...

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  • EAT Criticises Perfunctory Treatment of Sacked Property Manager

    16th January 2017

    In a recent case (Thomas v BNP Paribas Real Estate Advisory and Property Management UK Limited), a senior property management company employee who was made redundant in an insensitive and...

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  • Ambiguity of Meaning of 'Costs' Leads to Court Case

    11th January 2017

    There is little point in reaching a settlement of litigation if the wording of the agreement is so ambiguous that it simply creates further scope for disagreement. In one High...

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  • Government Cracks Down on Salary Sacrifice Tax Perks

    11th January 2017

    As had been widely anticipated, the Chancellor of the Exchequer announced in his Autumn Statement that the Government is making changes to salary sacrifice arrangements so that many schemes that...

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  • Boy Due Millions From NHS Following Traumatic Ambulance Delivery

    11th January 2017

    Many clinical negligence victims are put off claiming compensation by the prospect of having to relive their agony in court. However, such concerns are generally misplaced as the vast majority...

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  • Company Articles Triumph in Share Valuation Dispute

    11th January 2017

    People tend to think of the articles of association of companies – and often shareholders' agreements – as matters of detail not warranting close attention. However, a recent case shows...

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  • Don't Let a Dispute With Your Neighbour Get Out of Hand

    11th January 2017

    Disputes between neighbours can become extremely heated, and it is very often best to seek mediation through a lawyer before things get out of hand. In one case where that...

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  • Housing Association Tenant Pays Price for Unlawful Subletting

    11th January 2017

    Social housing tenants are not normally permitted to sublet their properties. Where it is discovered that they have, an Unlawful Profits Order (UPO) can be made to recover any profit...

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  • Dismissal When Final Written Warning 'Manifestly Inappropriate'

    4th January 2017

    Workplace disciplinary processes often have a number of distinct phases, and legal errors in any one of them can be enough to infect the whole. That point was made in...

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  • Director Must Fulfil Pledge to Pay for Shares in Insolvent Company

    22nd December 2016

    Successful entrepreneurs often emotionally engage with their businesses and treat them as 'their babies'. However, as a recent High Court case shows, too great an emotional attachment can create a...

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  • Employers Must Be Proactive to Ensure Workers Get Proper Breaks

    22nd December 2016

    Except in certain circumstances, an adult worker whose daily working time is more than six hours is entitled to a 20-minute uninterrupted rest break as laid down by Regulation 12(1)...

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  • Breastfeeding at Work

    21st December 2016

    Under the Equality Act 2010, it is unlawful for a business to discriminate against a member of the public because she is breastfeeding a child of any age, but that...

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  • Lack of Clarity Over Farm Ownership Leads to Court Appearance

    21st December 2016

    Clarity in business relations is always important, and making sure that what is thought to be agreed is made legally unequivocal is always good advice.In a recent case, the son...

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  • Short-Term Property Rentals – Points to Note

    21st December 2016

    The rise and rise of Airbnb and similar online community marketplaces that allow property owners to rent out their properties on short-term lets has led to many people making use...

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  • When is a Conversion Not a Conversion?

    16th December 2016

    The conversion of agricultural buildings for residential use is commonplace and a special planning regime exists to simplify the procedure for farm owners wishing to convert buildings into residential property....

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  • Jail Threat for Man Who Failed to Cooperate in Divorce Proceedings

    16th December 2016

    Divorce is normally a difficult time for all concerned and the financial arrangements can be very contentious. Normally, problems revolve around the failure to provide accurate disclosure of assets, but...

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  • Incorrect Procedure Can Render Possession Proceedings Voidable

    16th December 2016

    Landlords frequently need to evict tenants, and where a possession order is sought because the tenant breaches conditions in the lease (typically for reasons of behaviour which impacts negatively on...

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  • Lack of Diligence Costs House Purchaser

    16th December 2016

    House buyers often regard any inspection of a property beyond that undertaken by the surveyor acting for their mortgage provider as unnecessary. A recent case shows why this is a...

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  • Compensation Without Proof of Fault

    1st December 2016

    Contrary to what some advertising campaigns might have you believe, it is not always necessary to prove fault in order to win compensation. That point was succinctly made by the...

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  • Health and Safety Fines Must Match Ability to Pay

    30th November 2016

    Employers whose breaches of health and safety law result in injury to workers are made to pay for their non-compliance – but, as with individuals, the penalties levied are tailored...

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  • Damages in Workplace Privacy Claims

    30th November 2016

    A recent case (Brown v The Commissioner of Police of the Metropolis) serves as a reminder to employers that employees' personal information must be handled fairly and in accordance with...

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  • Diabetic Salesman Put Under Too Much Pressure to Meet Targets

    30th November 2016

    A diabetic telephone salesman who was put under intense pressure to meet targets – and was eventually sacked for failing to do so – has won the right to substantial...

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  • Sacked Company Founders Win Unlawful Dismissal Claims

    30th November 2016

    The two founding directors of a successful telecommunications business, who were sacked without notice following accusations of disloyalty and financial wrongdoing, have succeeded in High Court wrongful dismissal claims (Richards...

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