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A lease is a legally binding agreement between you and your landlord for you to occupy their...
Do you breeze through contracts with a mere glance before signing on the dotted line? If so, you...
Artificial Intelligence is trending worldwide, with many governments (including the UK...
Birkett Long LLP is delighted to announce the expansion of its Dispute Resolution team as...
Further to an introduction from Forward Corporate Finance, Birkett Long LLP is delighted to have...
If you’re looking to acquire a business, there are of course many things to consider. You...
Physical expansion is sometimes necessary in business in order to operate efficiently and...
With the ever increasing demand for property, landowners are considering selling some of,...
Employee Ownership Trusts have been around for a considerable time, yet they are only now gaining...
Tell someone with a motoring law background that the theme for an article is “ smoke and...
The delivery of major infrastructure projects across Essex and, indeed, the wider East Anglian...
Director’s Disqualification – The Criminal Law Regime Separate identity of Company ...
As 2022 becomes a distant memory, it is probably wise to consider what your key aims, and...
As of 4 January 2023, the Single Justice Procedure (“SJP”) has been extended to now...
M anor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) Summary of the case ...
This was the question before the court in the case of Northumbrian Water Ltd v Doosan Enpure Ltd...
The Road Traffic Act 1988 gives the police authority to request a preliminary breath test (Section...
Birkett Long advised on the sale of Kent Blaxill Holdings Limited - a long standing client of the...
Have you received a Notice of Intended Prosecution (“NIP”) from the police? This...
With Halloween and Bonfire Night over, it isn’t long before the festive season will be upon...
Many family businesses employ siblings or other family members. Working with siblings can be...
This article is written for family businesses who are in the middle of a dispute and where swift...
Following our Wednesday Webinar session . This is the fifth in a series of daily...
Following our Wednesday Webinar session . This is the third of a series of daily articles that...
Birkett Long is delighted to announce that Senior Associate, Suryen Nullatamby, has been named as...
Alzheimer’s is a progressive disease, which sadly means there may come a time when people...
The vast majority of private limited companies incorporated and operating in England and Wales are...
The recent news about funding the new Sizewell C reactors has raised lots of concerns and...
The Building Safety Act 2022 (BSA), which received Royal Assent on 28 April this year, introduced...
The Grenfell Tower fire has resulted in reviews and consultations that aim to increase safety in...
I work with a number of property development clients who take different approaches to development...
When it comes to challenging an adjudicator’s decision, the losing party’s options are...
Finn v The British Bung Manufacturing Company Ltd The claimant was an electrician who worked for...
When a company goes into liquidation or administration, an insolvency practitioner is appointed to...
As a company director, you may be well aware of the employment rights of your employees. But are...
When it comes to running a company or being a company director, are you aware of your legal...
The Plastic Packaging Tax comes into effect on 1 April 2022. The measures introduce...
The Information Commissioner’s Office has published the final form of its new International...
Sometimes with the day to day running of a business it is easy to push aside...
Family businesses can take decades, or even generations, to build successfully. But what happens...
As 2022 begins, what are the New Year's resolutions that you should be contemplating for your...
Start the new year off right, by making sure you are aware of following the employment law ...
So, you’re fortunate enough to own some land, and you wish to gift parts to your children....
As a business owner, it can often be difficult to decide how best to hand over the running of the...
Directors are concerned with the running of a business day to day. Shareholders are owners of a...
Over the years I have come across all manner of employment issues in family owned...
Health and safety is an obvious concern across all industries. It’s of particular...
In the event the HSE elects to proceed with enforcement action by way of prosecution against the...
The judgment Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC) highlights key issues...
As an Associate Solicitor specialising in dispute resolution and construction law, I am often...
I was once asked to assist a client to draft the construction contracts for a number of projects...
Adjudication has been successful in overcoming problems previously associated with resolving...
Whether you operate your healthcare business as a sole trader, partnership, LLP or company there...
Some employees live at their place of work in connection with their employment. This can arise...
The government has published its response to the 2019 consultation on sexual harassment in the...
Many employees will have been working from home during the Covid-19 pandemic and given the recent...
Here at Birkett Long, we act for many different types of landlords and tenants. But, if this is...
When buying a business, whether by way of an asset or share deal, the process of due diligence is...
No matter which sector your business is in, or where it is located, we are all coming under...
Blog updated 12/7/21 Some contracts of employment entitle the employee to a death in service...
What is a dividend? A dividend is a distribution of a company’s post-tax profits to its...
We have seen a surge in new enquiries relating to neighbour disputes since the start of the...
At Birkett Long, we are lucky enough to be able to work with some very well-known brands. Some of...
Birkett Long can trace its roots back to 1821, celebrating its 200 th anniversary this year....
A conformity mark (or certification mark) on a manufactured product indicates the manufacturer has...
Readers with IP portfolios are advised to check with us whether Brexit affects the rights...
A criminal investigation was being conducted into alleged sexual offences. A detective found...
What is a bad debt? A bad debt occurs when a client owes money for a service or product provided...
A GP Partnership Review was published in 2019. The review found that GPs had considered the...
The case of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd...
If there is a risk, there is insurance… If there is a risk, there is often insurance out...
Extraordinary times often call for extraordinary measures, and there is no more extraordinary time...
Business leaders that have a plan for growth tend to be more optimistic about achieving their...
As of 26 July 2017, it has been a legal requirement that limited companies and limited liability...
Many business deals are concluded by “Gentleman’s Agreements”. These can work...
We all know that it is better to plan things in order to avoid ending up somewhere we didn’t...
Employers are often irritated by weak claims being made in the Employment Tribunal, especially...
A claimant may have difficulties in pursuing an employment claim where his employer or former...
The Reform will affect both public and private limited companies, if they meet the certain...
A recent Court of Appeal decision (Harpur Trust v Brazel) has shown how holiday pay must be...
A task force has recently been set up to look at whether a form of mandatory licensing for the...
Many in the construction industry were unaware of the significant change, which was due to take...
Social media is prominent in today’s technological world. Whether it’s used...
The Government has issued a new consultation paper which could indicate the end of Assured...
Many online business owners ask me about the significance of “cookies”. They question...
Jonathan Perlmutter has recently joined Birkett Long as Head of Intellectual Property, having...
The number of online businesses is growing at an ever-increasing pace. This has led to a multitude...
When carrying out major works, there are specific procedures that must be followed for residential...
A trainee solicitor at leading Essex law firm, Birkett Long, has seen his hard work and commitment...
A scheme exists where employers who have underpaid the National Minimum Wage (NMW) are named. This...
Law firm, Birkett Long, has announced the appointment of Veronika Koenig-Roach as a solicitor in...
When negotiating a new lease, there are lots of terms to consider. Whilst GP surgery leases are...
How does your business value its property assets in its balance sheet? Accounting...
The Supreme Court recently decided that “No Oral Modification” clauses are binding,...
At the end of 2017, the Digital Economy Act 2017 came into force, impacting upon all land...
Are you concerned that your business is causing a nuisance which could lead to a complaint or...
In 2014, the government indicated that it was concerned whether umbrella companies were being used...
Employers who have restrictive covenants in their contracts of employment will appreciate the...
Recently, there has been a wide range of media coverage concerning ground rent clauses within...
Only in exceptional circumstances can an employer withhold wages . The fundamental terms of...
With an increasing property market, more and more buyers appear to be receiving financial gifts...
The Law Gazette recently reported that the idea of dual representation is now off the table...
As 25 May 2018 fast approaches, and the EU General Data Projection Regulation (GDPR) comes into...
A recent decision of the European Court has brought this issue back into the news. In the case the...
Before the Age Discrimination Regulations came into force, an employer could include a retirement...
The General Data Protection Regulation (GDPR) will apply in the UK and across all other EU member...
Artificial Intelligence (AI) programmes have boomed in recent years, yet we are still a long way...
Franchising is an established and popular form of business. It can be successful for both the...
A recent Court of Appeal case has clarified the principles to be taken into account when...
Corporate governance concerns the rules, processes and laws by which public listed companies must...
Crowdfunding typically involves a large volume of small donations in exchange for something, such...
When talking business in a pub, over a drink or two, could you inadvertently create a legally...
The General Data Protection Regulation (GDPR) is a European piece of legislation which will come...
There have been a number of cases recently where the courts have determined when holiday pay is...
When a commercial property lease is granted, a landlord will want the tenant to take on the...
The 2016 JCT building contracts have been released over the past few months and the updated...
When entering into a contract parties often get so involved in negotiating terms that they fail to...
Before a claimant can make a claim in the Tribunal, they must comply with the statutory duty to...
Those who intend to buy a business, or who are bidding for a contract to provided services from a...
When a company is presented with a winding up petition it is not uncommon for the business to...
A partnership agreement is an important document for all individuals conducting business together...
The Ministry of Justice has launched a website where all Employment Tribunal judgments can be...
Claims against an employer can be costly – in both time and financial terms. All the...
All of us who travel on public transport have seen seats and spaces allocated for disabled...
Restraint of trade clauses appear in numerous contracts and are designed to protect a business by...
Whilst the government has suffered the recent set back of loosing a court case requiring...
A business entering into a commercial contract will sometimes wish to include a clause that...
Last month, the employment tribunal introduced a process of judicial assessment. The aim of...
In most cases the termination of employment is clear and unambiguous. But when a dispute arises...
The Medical Defence Union has warned that there are various websites offering advice on how to...
Essex law firm Birkett Long has been praised by client Runwood Homes after its specialist...
Demand for new housing and increased development has lead to an increase in overage agreements....
In the immediate aftermath of the vote to leave, we have seen shares in Barratt Homes and Taylor...
The Court of Appeal recently considered in the case of Winterburn v Bennett whether a property...
One of the biggest changes the Small Business Enterprise and Employment Act 2015...
Two members of staff at the well-respected Essex firm Birkett Long are celebrating after learning...
When acquiring commercial property it is really important to identify at the outset whether or not...
If your business deals with large organisations, local authorities, schools, hospitals, social...
Direct race discrimination occurs where, because of race, a person treats another person less...
When employers are asked for references most want to be open and honest, but a recent case shows...
In the civil courts a claim for breach of contract must be brought within 6 years of when the...
Vacant possession is an important point to consider when developing land, acquiring it or when...
Most leases, particularly commercial leases, will contain a clause that gives the landlord a right...
A recent landmark ruling in Arnold v Britton & Ors (2015) has confirmed the old cliché...
Under the Equality Act, discrimination “arising from a disability” occurs when an...
The right of forfeiture is a remedy currently available to a landlord when their tenant fails to...
What type of work do you and your team do? I lead the South Essex dispute resolution team and...
To safeguard their investment, developers should before embarking on any acquisition of a...
As everyone is now well aware, following the correct valuation process for payments due under a...
When an employer proposes to make 20 or more employees redundant within a period of 90 days, it...
Government ministers have had a couple of months to settle into their new seats and there are two...
Some clients have received advice that statutory books are not required for private companies and...
As a dispute resolution lawyer I am all too aware that people are often deterred from instructing...
Partner, Commercial Real Estate team, based...
Transferring land from your partnership to individual partners might seem like a simple structural...
The Construction (Design and Management) Regulations 2015 (CDM2015) came into effect on 6 April...
Last year the Government consulted on its proposals to enforce a minimum energy requirement for...
When an employee is invited to attend a disciplinary hearing they may try to delay matters by...
Prudent employers will have an alcohol and drug policy in place. That policy usually states...
Businesses in Basildon, Southend and the rest of south Essex that are planning legal action...
Many directors and owners of companies will have been asked, at some point, to provide a...
The ACAS Early Conciliation procedure (EC) was introduced on 6 April 2014 and became mandatory...
Staff handbooks can be very useful for both employers and employees. It is vitally...
Employers will be aware of a recent decision that non-guaranteed overtime must be taken into...
Employers are dismayed when one of their employees is paid sick pay but they later discover that...
The Finance Act 2014, which became law in July, is threatening some companies with insolvency. ...
The underlying principle of equal pay is that men and women should receive the same pay for the...
Essex businesses have put in another solid performance over the last 12 months, driven by a...
Employees are entitled to take a reasonable amount of unpaid time off work to deal with situations...
When a building contract comes to an end, there are often snags or remedial works that are already...
There is a great deal of confusion about what is meant by the term “consequential...
One little known element of the Agricultural Tenancies Act 1995 is that tenants of Farm Business...
The natural tendency when a business moves is to focus on the new premises. However, when a...
In 2003 the Employment Appeal Tribunal clarified that obesity was not an impairment in itself when...
An employee can claim constructive dismissal if they are able to show that the employer committed...
If you sell goods, as part of your credit control arrangements your business to business terms...
We often find that clients are confused about what constitutes an agent. Essentially, an agent is...
It is frustrating for employers when an employee leaves work without giving or working their...
Poor cash flow may be a sign of a struggling business and in those circumstances directors need...
Tracey heads the firm’s commercial and corporate finance team. She is a partner who...
Colchester industrial property is proving a great long-term investment without the risk of the...
The settlement of an employment tribunal claim must take one of three forms: The terms of...
One of the best ways to fund litigation is through legal expenses insurance. Such insurance...
A recent case confirms that there remain some scenarios where employers will not be held liable...
Directors of limited companies are being warned that their personal assets could still be at risk...
Bonds are used in construction contracts to ensure that the contractor carries out and completes...
Employers will be aware that they can be vicariously liable for acts of their employees if that...
Simarco, one of the UK’s leading independent freight firms, has announced the completion of...
Confidence has returned and local businesses are proving to be prime targets for purchasers who...
Through our professional adviser network we have access to UK immigration law specialists, and via...
Employers will be disappointed to hear that where a claimant gives false evidence, in the form of...
Strange as it may seem, the fact that you have not been paid does not mean that you are...
It has generally been thought that landowners will not be liable for damage caused to neighbouring...
A recent judgment from the Employment Appeals Tribunal (EAT), together with the...
Employers often seek medical opinions from Occupational Health Practitioners (OH) to help them...
The Equality Act says that employers cannot be expected to make adjustments to the workplace if...
ACAS has the power to help parties conciliate tribunal claims using conciliation officers who act...
Can you explain a little about your role at Birkett Long? I am one of Birkett Long’s...
Knowing who you are contracting with should be simple. However, on many occasions the...
The media has recently given extensive coverage to a story regarding an employee who...
Developments in the field of vicarious liability have resulted in a broadening of the definition...
Since the case of Aston Cantlow PCC v Wallbank, there has been significant concern about...
Employers or other organisations used to be free to ask a job applicant, employee, worker or...
Often, it can be difficult to identify contracting parties. For example, when negotiating...
It is well known that employers have an obligation to make reasonable adjustments for disabled...
A claim which has not been actively pursued or is considered to not have a chance of a fair...
Over the next few years all employers will have to auto-enrol all “eligible” workers...
As part of the 2013 Budget the Government has made the EMI (Enterprise Management Incentives)...
Many present day healthcare leases contain a “break clause” which gives the tenant the...
The question has often been asked whether an employee has to inform their new employer about any...
If an employer overpays an employee can he always recover that overpayment? The Employment Rights...
The shareholders in a company trust its directors to run the company properly and in their...
21 February 2013 saw the Late Payment of Commercial Debts Regulations 2013...
A parent company can become liable for its subsidiary and the “corporate veil”, which...
Employers should be aware of the recent decision of the Court of Appeal which made it clear that...
Employers may be disgruntled to find an employee who is on sick leave and is claiming sick pay...
Many construction contracts contain retention clauses but it is not always easy to recover the...
The Protection from Harassment Act 1997 prohibits a person from pursuing a course of conduct which...
The Coalition Government has taken to the idea of making us a nation that holds shares in our...
The Accounts team at Birkett Long looks after the financial management of the firm - a very...
With our South Essex office now over a year old, working with clients and business partners is...
When an Employment Tribunal assesses whether an employee was dismissed fairly or not, it must...
In a world where the number of websites, e-mails and electronic files increases on a daily...
In most companies, it is commonly accepted that a Managing Director will not have the power to...
In today’s electronic age the vast majority of businesses have a website. Some trade using...
It is clear that for a termination of employment to be effective it must be communicated to the...
Employers will be aware that under the Reporting of Injuries, Diseases and Dangerous Occurrence...
Have you ever had a cheque bounced on you or a bank payment stopped? If you have you will...
It is well known that the care home industry has endured a turbulent few years as a result of the...
Birkett Long, the leading Essex law firm, has advised Fallow International Freight Limited, a...
David Rayner, partner from Birkett Long’s Commercial Property Team discusses the “big...
Tougher economic environments often see a greater amount of restructuring within businesses,...
Two cases have recently been referred to the European Court of Justice (ECJ). The first case...
Recently the court in Kosar v. Bank of Scotland Plc T/A Halifax [2011] has again confirmed that a...
A recent discharge of diesel fuel into the River Chelmer has highlighted an area of pollution...
Many of us using email as a regular means of correspondence are aware of just how easy it is to...
An ‘employee’ is provided with a statutory right to maternity leave, however, the same...
It is an unquestionable fact that the revival of the UK economy will be dependent upon the success...
Commercial property experts at Birkett Long LLP have just helped the largest restaurant in the UK...
Birkett Long has officially celebrated the opening of its new office in Phoenix House, on the...
Equity partners (including members of LLPs) do not qualify for many employment protection rights...
Recent legal cases have highlighted the importance of a director’s duty to act in good faith...
A recent professional negligence case involving law firm Mills & Reeve has highlighted the...
Sometimes employers will write to employees who have been absent for a period of time, usually...
Employers may be disgruntled to find an employee who is on sick leave and is claiming sick pay...
Confidence is returning, albeit it slowly, but signs are that more businesses are considering...
The Corporate Manslaughter & Corporate Homicide Act 2007 came into force on 6 April...
Construction contract disputes can be resolved in many different ways, including negotiation,...
The Office of Fair Trading (OFT) has confirmed its ability to enforce fairness for consumers. A...
Liquidators seeking to bring a claim under s.213 Insolvency Act 1986 (fraudulent trading) must be...
Often clients will ask when terminating an employee’s contract of employment what payments...
The law offers individuals protection from harassment. Harassment is defined as a person pursuing...
The law states that if an employee wishes to make a claim for unfair dismissal they must to do so...
There have been several recent changes to immigration legislation. The major issues are as...
When is a company insolvent? The Insolvency Act 1986 sets out a number of tests including the...
In some countries it is almost impossible to do business without becoming embroiled in bribery of...
Not only are GP practices involved in an increased number of disputes with their PCTs regarding...
An updated ACAS Statutory Code of Practice on disciplinary and grievance procedure came into force...
Employers will know that they can be vicariously liable for the wrongdoing of employees where the...
The Department for Work and Pensions has announced the proposed rates for statutory sick pay and...
For dismissal to be effective, the fact of dismissal must be communicated to the employee....
There are often concerns about whether a dismissal has taken place when ambiguous words have been...
From 1 October 2010 employees no longer have to be aged 22 to become eligible for the maximum...
Do you value your partnership and your respective share in the partnership assets? If so, you are...
Are you fully aware of the cost to your business of non-compliance with the law relating to...
You have dealt with ‘Failing Company Ltd’ for years but recently it has been...
There is often confusion about the rights to continue in employment after 65 or after reaching the...
It is a sad but true fact that bankruptcy has become particularly topical. Here, we examine its...
Birkett Long has been ranked as a top legal firm in Essex across five different disciplines. That...
Entering into and negotiating contracts can be a long and detailed process. Disagreements over...
Employers who discover that one of their employees is alleged to have committed a criminal offence...
In a recent case against regional newspaper publisher, Newsquest Media Group, the High Court...
The new regulations The new Public Contracts (Amendment) Regulations 2009 came into force on...
The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR)...
The Public Contracts Regulations 2006 (the ”Regulations”) require public contracting...
Author: Tracey Dickens By subscribing to the European Franchise Federation (“EFF”)...