Latest News

Modern Slavery Compliance Regime to be Tightened Up?

There are estimated to be more than 40 million people who are victims of 'modern slavery' at any...

Landlord Succeeds in Challenge to HMO Licence Fee

An increasing number of local authorities run licensing regimes to ensure the quality of...

Failure to Have a Social Media Policy Can be Costly

Firms that do not have a social media policy in place should give consideration to introducing one...

The Rules on Time Limits for Employment Tribunal Claims

An employee wishing to bring an unfair dismissal claim must do so within three months of their...

Staff Christmas Parties - Don't Take Unnecessary Risks!

A Christmas party is a chance for staff to relax and enjoy each other's company. It's also a...

Pension Trustees Take Note

Pension transfer scams are commonplace and cause a great deal of hardship for the dupe who puts...

Restrictive Covenants Are Not Necessarily Insurmountable

Property title deeds often contain restrictions on future use of the land and one of the most...

Employers - Are You Treating Misconduct Cases Consistently?

Some forms of workplace misconduct may appear so serious as to obviously justify dismissal as a...

Should your GP surgery lease contain a break clause?

When negotiating a new lease, there are lots of terms to consider. Whilst GP surgery leases are...

Funding in the health and care sector - ten years on

Recent anniversaries of events such as the closure of the US bank Lehman Brothers and the near...

Resolving Disputes in the Boardroom

Boardroom conflict can often mean directors falling into opposing camps, with deadlock the result....

Agriculture Bill 2018

As we enter the last quarter of the year, the uncertainties and questions surrounding Brexit are...

Lillie Ryan celebrates becoming a solicitor

We asked Lillie, who began her career as a paralegal, about qualifying into Birkett Long’s...

Changes to the Definition of HMO - Landlords Take Note

With burgeoning numbers of students and a continuing housing shortage, residential property for...

Debranded Goods Still Protected by Trade Mark Law

Products sell for widely differing prices in different national markets and that creates the...

Whistleblowing - Information or Allegation?

In Cavendish Munro Professional Risks Management Limited v Geduld , the Employment Appeal...

Registration of Property Owned by Foreign Entities

Under draft legislation now in Parliament (the Registration of Overseas Entities Bill), the...

New Guidance on Transfers of Data Abroad

The Information Commissioner's Office (ICO) has issued new guidance on compliance with the General...

Supreme Court Rules in 'Gay Cake' Case

In a unanimous judgment, the Supreme Court has ruled that a bakery in Northern Ireland's refusal...

If You Agree to Abide by Rules...

Football Association (FA) rules require that, where disputes arise between players' agents and...

Resolving disputes - the cost of litigation

Perdeep Grewal, solicitor at Birkett Long, considers the cost of litigation and what some law...

Do you value your property?

  How does your business value its property assets in its balance sheet? Accounting...

Are you burning your profits?

  Is your business losing thousands of pounds on energy or fuel costs every week? It is...

Improving the running of UK companies

  Prompted by some high profile company failures, such as BHS and Carillion, earlier this...

Landlords beware

  The Assured Shorthold Tenant Notices and Prescribed Requirements (England) Regulations...

£500,000 or £1 Billion? It's Just a Matter of Timing

The recent £500,000 fine for Facebook regarding the transfer of data to Cambridge Analytica...

Force Majeure Attempt to Avoid Agreement Fails

Oil exploration is a risky business and industry contracts commonly make provision for unforeseen...

Risk Assessments for Breastfeeding Mothers

EU Directive 92/85/EEC is aimed at protecting the health and safety of women in the workplace who...

When is a Year More Than a Year?

When a landlord appointed agents to manage properties in London, it did so under an agreement for...

Asset Freezing Can be Costly

Asset freezing injunctions can be a crucial tool in commercial litigation – but applying for...

Sale of a domestic and commercial security company

Birkett Long’s Commercial & Corporate Finance team has recently completed the sale of a...

a revised loan facility

Birkett Long’s Commercial & Corporate Finance team recently completed a revised loan...

Unitary Patent

Obtaining a patent can be a rather arduous process, and it is therefore not surprising that...

Landlords Caught by Tenant's Environmental Failings

A landlord that ignores the potential for problems caused by the activities of its tenant does so...

Central Arbitration Committee Can Hear Claims Against Acas

The EU Information and Consultation Directive 2002 established minimum requirements for companies...

Non-Disclosure is Fault of Policyholder Not Brokers

It is no real surprise that insurers are often not wildly enthusiastic about paying claims and...

The 'Final Straw' and Constructive Dismissal

It is an implied term of any contract of employment that an employer should not act in a way that...

Registered Your PSCs Yet?

Every UK company is required to identify the people who are 'persons with significant control'...

Dealing With Employee References

Contrary to popular belief, except in certain sectors (e.g. education and financial services),...

New Planning Rules to Benefit Developers

Obtaining planning permission is often a tricky process and the delight in getting permission can...

Oral Contract Variation Invalid, Rules Supreme Court

The Supreme Court has decided a case which will be of significance to anyone who is used to...

"No Oral Modification" (NOM) clauses are binding

The Supreme Court recently decided that “No Oral Modification” clauses are binding,...

You're too noisy!

Are you concerned that your business is causing a nuisance which could lead to a complaint or...

The Digital Economy Act

At the end of 2017, the Digital Economy Act 2017 came into force, impacting upon all land...

GDPR - What next?

  After a flurry of activity around 25 May, when the General Data Protection Regulation...

Data Protection Latest

You'd have to be living on Mars not to know that the General Data Protection Regulation (GDPR) is...

Umbrellas shield you from the rain... but not your taxes

In 2014, the government indicated that it was concerned whether umbrella companies were being...

Enforcing restrictive covenants

Employers who have restrictive covenants in their contracts of employment will appreciate the...

Landlords - Children Count Too!

When a landlord appealed against his prosecution for breaking a planning enforcement notice with...

Ground rent increases causing issues for leaseholders

  Recently, there has been a wide range of media coverage concerning ground rent clauses...

Debt Management Company Investigation Brings Bans

There was a certain irony to a recent report that the directors of a debt management company...

Oral Contract Existed as a Matter of Fact

When a decision is made as to what the facts are in a particular case, the judgment regarding...

Software Company Fails to Lock Out Customer

One aspect of intellectual property (IP) rights that is often not given much thought, but which...

When can an employer withhold wages?

Only in exceptional circumstances can an employer withhold wages . The fundamental...

Director Address Disclosures - Changes

Recent changes have made it easier for company directors to withhold disclosure of their private...

Workplace Whistleblowing Protection

The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act...

Faulty Electrics Necessitate Lease Interpretation

Many commercial leases provide that the formal document represents the entirety of the agreement,...

Do You Understand Your Duties as a Director?

Directors have a wide range of legal duties that do not always coincide with their own interests,...

Agency Law Gives No Recourse to Dumped Software Reseller

Under law which originated in the EU, agents of firms have considerable protection if their agency...

One Reasonable Condition is Sufficient for Landlord

When a tenant wishes to assign a lease, it is usual for the landlord's consent to be required, and...

Bullied Transgender Shop Assistant Wins Compensation

There can really be no excuse for a modern employer not to have in place comprehensive...

Are You Ready for the World Cup?

The 2018 Fédération Internationale de Football Association (FIFA) World Cup starts...

Failure to Address Expert Report Proves Costly

When a tenant of industrial land failed to adhere to a notice to quit the premises, the landlord...

Mental Health Awareness Week - Acas Guidance for Employers

This year, Mental Health Awareness Week (14-20 May), which is hosted by the Mental Health...

GDPR - ICO Launches Awareness Campaign for Micro-Businesses

The EU General Data Protection Regulation (GDPR) replaces the Data Protection Act 1998 and comes...

Breach of Contract Claim Defeated Quickly

Some breach of contract claims are stronger than others, but even groundless cases come to court...

Settlement Agreements and the Date of Termination

Where there is an existing employment dispute, the communications that take place in order to...

Gifted deposits to get on the property ladder

With an increasing property market, more and more buyers appear to be receiving financial gifts...

Tenants Succeed in Avoiding Insurance Charges

When tenants discovered that their landlord had bought insurance over their flats, including the...

Estate agent referral fee ban?

In addition to the ministry’s proposal on dual representation last year, there were also...

GDPR - special category (sensitive) data

As 25 May 2018 fast approaches, and the EU General Data Projection Regulation (GDPR) comes into...

Millennials

By the year 2020, almost half of the workforce will consist of millennials. These individuals are...

Age discrimination and retirement of the older employee

Before the Age Discrimination Regulations came into force, an employer could include a retirement...

Words, Not Intention, Determine Meaning of Contract

When disputes arise over the meaning of a contract, it is usual for the court to look first at...

Director Who Helped Herself Faces Music

It is hardly surprising that directors of companies that face insolvency often wish to recoup...

Court of Appeal Uses Real World Valuation Principles

An empty office block in Blackpool was given a rateable value (RV) of £490,000 by the local...

Perceived Disability Discrimination

Under the Equality Act 2010 , direct discrimination occurs when the reason for a person being...

Incomplete Partnership Arrangements Lead to Court Appearance

When new partners are being introduced into a partnership, it is wise to finalise the arrangements...

Incorrect Procedure Stymies Landlord

It is unusual when a case raises two different but significant points. A recent case dealt with...

Video Surveillance at Work

Two recent decisions of the European Court of Human Rights (ECHR) have looked at a worker's right...

Copyright Law Still Applies on the Web

The idea that the Internet is a free-for-all is nothing more than a persistent myth and the...

How compliant will your buildings be?

Housing and planning almost topped the agenda in the last Budget, but 2018 will also see changes...

Refusal to Cooperate Spells Trouble

Being made bankrupt is never a welcome experience, but failing to comply with reasonable requests...

New 'Goods Mortgages' Bill

Fairer for borrowers and purchasers of used goods, and more straightforward for lenders? The Law...

New fee structure for GDPR

At the end of February 2018, the Government announced a new charging structure for data...

Thinking of franchising your business?

Franchising is an established and popular form of business. It can be successful for both the...

Gender Pay Gap Reporting - A Reminder

Whilst the BBC has recently headlined the news on the topic of differences in pay between male and...

In Principle Planning Permission

One of the bugbears of UK planning law has always been that a lot of work has to be done before a...

Serving Companies with Legal Documents - High Court Guidance

Although companies are independent entities in law, they can only act through natural persons and...

Veteran Car Salesman Wins Damages for TUPE Breach

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any...

Property Rights Wrangle Ends Up in Court

Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit...

Why a business needs shareholders' agreements

Often when going into business the last thing that people think about is regulating the...

Pre-Trial Skirmishing Can Be as Important as the Main Event

In commercial litigation, many of the most important battles are fought before the trial even...

New National Minimum Wage Rates

The draft National Minimum Wage (Amendment) Regulations 2018 were published on 6 February and...

Absolute Discretion Has Limits

Construction disputes are a rich source of argument in the courts, and where the contract affords...

E-Signature Consultation

Under the Law Commissions Act 1965 , the Law Commission is required to submit programmes of law...

Failure to Point Out Business Decline Proves Costly

When a business is sold, a 'due diligence' process is normally entered into to make sure that the...

Charges Must Be Reasonable to be Reasonably Incurred

The leases relating to tenancies in blocks of flats and similar buildings will normally require...

Airline Pilot Strikes Crucial Blow for Trade Union Rights

It has long been unlawful to refuse to employ someone because of his or her trade union...

Copyright Claim Success Does Not Necessarily Mean Victory

When a man copied part of a photograph (showing the Welsh poet Dylan Thomas's head) from a...

Perceived Disability Discrimination

Disability is one of the protected characteristics under the Equality Act 2010 if  “A...

Follow Proper Planning Procedures or Else

An argument over a planning permission for a small rural development has necessitated the...

If You Help Fund a Claim You May Be Liable if it Fails

It is not unusual for the cost of litigation – especially where a group of companies is...

Workplace Mobility Clauses - EAT Guidance

Mobility of labour is vital to any modern economy and many employment contracts require staff to...

Contract Terms Clarified by Court

No amount of careful drafting can be guaranteed to iron out disagreements as to the true meaning...

Corporate governance - your company's obligations

Corporate governance concerns the rules, processes and laws by which public listed companies must...

Parent company liability for acts of subsidiaries

A recent Court of Appeal case has clarified the principles to be taken into account when...

EU Trade Mark Reforms

On 1 October, changes came into effect across the European Union which broaden the range of things...

Restrictive Covenants and Unlawful Restraint of Trade

Restrictive covenants in employment contracts are worthless if they are so broad as to amount to...

Council's Drafting Error Opens Way for Change of Use

Planning permissions mean what they say and judges are very reluctant to imply terms into them,...

Crowdfunding - Could it save the village pub?

Crowdfunding typically involves a large volume of small donations in exchange for something, such...

An end to tribunal fees - The repercussions for employers

Between 2013 and July 2017, employees had to pay a fee if they wanted to take a case to...

Bar talk, watch what you say

When talking business in a pub, over a drink or two, could you inadvertently create a legally...

Two Wrongs Don't Make a Right

When a contract is breached and one party suffers a loss as a result, they are normally entitled...

Part-Time Workers and Discrimination

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR), which...

National Minimum Wage Rates 2018-2019

The Government has accepted the Low Pay Commission's recommended rates for the National Living...