Sector Articles

Talk to the experts - they really can help

We were approached by our client, a company specialising in the fabrication and installation of...

You for MEES and MEES for you

The government’s drive to tackle climate change continues, estimating that 18% of commercial...

Dedicated to developers

The General Permitted Development Rights (GPDR) currently allow for some commercial property, such...

The impact of a 'no deal' Brexit

What could the impact of a ‘no deal’ Brexit be for the construction industry? With...

Enforceability of an unsigned contract

A recent case, Tenon FM Ltd –v- Cawley, has highlighted the dangers to employers of...

Two years' service and unfair dismissal

Employers will be aware that unless an employee has acquired 2 years’ service, the...

Employees should be given the right to appeal

Where an employee is dismissed, the ACAS Code indicates that the employee should be given the...

Resolving disputes - the cost of litigation

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

Keeping Children Safe in Education

The Keeping Children Safe in Education statutory guidance has been updated and came into force...

Enhance duty of care and practicability

The recent case of Pook –v- Rossal is interesting, as it required the High Court to...

Managing Your School's Finance

The ESFA is placing an ever increasing burden on Trustees to ensure they have sufficient...

Scrutiny of those working with children

  The Childcare Act 2006 and the subsequent Childcare (Disqualification) Regulations...

High hopes for a fruitful season

2018 brings uncertainty for the agricultural industry. The Government’s Agricultural Bill...

Grazing Licences: avoiding the tax pitfalls

Who occupies agricultural land and what activity is really carried out on the land are questions...

Coastal Erosion

Since my article in the Agricultural Law Association Bulletin, most eyes have been on Brexit,...

Proprietary estoppel - the expectation of inheritance

There are a variety of claims that can be made against a deceased’s estate, such as a...

GDPR - special category (sensitive) data

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

LPAs are important for care homes too

Running a care home can be stressful - managing budgets, keeping residents and their families...

Who has to obtain planning permission?

In most cases, planning permission will already have been obtained prior to any construction...

Adjudicating the true value of an interim payment

Everyone in the construction industry should know that it is vitally important for parties to...

Is time ticking on your right to be paid?

As you are probably aware, there are time limits known as “limitation periods” within...

Two insurances: Which one pays?

Insurance provisions in a construction contract can be complex and confusing. There is public...

Interview with Fellow of the Agricultural Law Association

Interview with Emma Coke, as she achieves The Agricultural Law Association Fellowship Emma Coke...

How compliant will your buildings be?

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

Payment notices

Clarification from the courts The Construction Act gives contractors the right to be paid at...

26.25 million euros remedial work!

Beware the 'fitness for purpose' clause.  In every construction contract there is a...

Is it a van?

What constitutes a van for employment purposes? You may think the question is simple, but with...

Delays...who pays?

Concurrent delays could leave you out of pocket Sometimes delays are inevitable, especially in...

More protection for residents and their families

The Competitions and Markets Authority (CMA) has announced, as part of its market study into care...

Paying beyond retirement

Many doctors and healthcare professionals lease their surgeries.  Few realise that their...

Your business - where will it be in 20 years' time?

Few people face as much pressure and time constraints as those in the health and social care...

Who owns what when a relationship fails

Who owns what is a tricky question when a relationship breaks down – even more so when...

Voluntary registration - there are benefits

Since 2002, it has been compulsory to register property and land at HM Land Registry upon certain...

protecting tax reliefs for your family

Farming is usually a family affair and, in many cases, parents want their farm to be kept in the...

Relationships and the division of assets

Who owns what is a tricky question when a relationship breaks down and even more so when the...

Don't get caught out by the unexpected

Farmers work tirelessly to run an efficient and profitable business and to provide an income for...

Protecting your farm

In the same way that insurance guards against the unexpected, a lasting power of attorney can give...

The rules say it must be on the curriculum

Following a Freedom of Information request by the Religious Education Council and the National...

New statistics

The Department for Education and the Education and Skills Funding Agency (ESFA) have published...

The dynamics of teacher redeployment

Research published in June relating to staff redeployment across multi-academy trusts (MATs), is...

Holidays in term time

The media has covered - at some length - cases of parents who take their children out of school...

Legislation update - school governance

Two sets of regulations were made in 2012 to deal with the issue of governance in maintained...

Transgender and non-binary pupils

It has been reported that some schools have failed to recognise the chosen name of transgender and...

What does the future hold for pupil numbers?

In July, the Department for Education released statistics projecting the number of pupils in...

Fundraising Preference Scheme has been launched

Charities should take note of the Fundraising Preference Service that was launched on 6 July 2017....

GDPR for charities

Will changes to Data Protection rules affect your charity’s ability to fund raise? In all...

A new version of NEC contracts introduces major changes

Hot on the heels of the updated JCT contracts comes publication of the new version of the NEC...

Employment rights All change for sub-contractors

With the publication of the Taylor Review “Good Work” Report at the beginning of July,...

Think twice if you don't want to go to mediation!

Mediation is an alternative method of resolving disputes and involves an independent third party...

Protecting the value in your business

Wealth in many families comes from family businesses.  Tracey Dickens, a specialist in...

New probate fees in 2017

In February 2017, the government announced plans to increase probate fees from £155 up to...

Miles joins specialist agriculture team

First-class Oxford graduate Miles Coates has joined leading Essex law firm Birkett Long’s...

Seasonal workers - we need you

What will the impact of leaving the European Union have for those businesses reliant on migrant...

JCT 2016 building contract changes

The 2016 JCT building contracts have been released over the past few months and the updated...

Practical protection before you enter a contract

When entering into a contract parties often get so involved in negotiating terms that they fail to...

Law Update - Rent review provisions in NHS funded leases

NHS practitioners should bear in mind that when they lease a GP surgery any rent review has to be...

GP Partnerships - the gold standard

A House of Lords committee has caused quite a stir in claiming that the GP Partnership Model is...

The Apprenticeship Levy

The Apprenticeship Levy came into force on 6 April 2017.  It will facilitate the funding of...

Charity trustee's duties

If an Earl’s charity can get it wrong, are you sure you are doing it right? Overview The...

Entrepreneurs' Relief on development land

Significant capital sums can be realised by the sale of land for redevelopment purposes.  A...

Tax relief on gains from land sales

Selling land for development can be an attractive proposition, but capital gains tax is less so!...

Your farmhouse and inheritance tax

In recent years, claims for Agricultural Property Relief (APR) on farmhouses have come under...

Where are we now and what lies ahead?

What an interesting year it has been so far, especially with regard to the EU referendum and the...

Can I take a photo of the Eiffel Tower?

When you're next visiting London, taking in the sights and admiring all that the city skyline...

A nod and a handshake

Our last construction newsletter featured a case that highlighted the fact that the courts will...

The launch of Birkett Long's new regulatory team

In our last construction newsletter we gave details of a case where two directors were sentenced...

Joint Contracts Tribunal 2016

The Joint Contracts Tribunal (JCT) publishes standard forms of contract for use in the...

Dealing with property in an academy conversion

The property aspects of an academy conversion can be more complicated than you may expect....

Converting to an academy

Once you have made the decision to start along the conversion process, there are certain stages...

Academies...where to begin?

The decision of whether to convert to an academy remains a hot topic at governors’ meetings....