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Commercial Conveyancing03-03-2009
Retention of Title Can Include Commingled Goods
Retention of Title (ROT) clauses are often used in contracts for the supply of goods. The effect of the ROT clause is that the goods which have been supplied remain the property of the supplier until ... Read MoreCommercial Litigation
20-02-2008
Arbitration is the Preferred Option
The Law Lords have handed down a significant judgment for people who have disputes over contracts which contain an arbitration clause. The case arose because of a dispute between businesses engaged ... Read More20-02-2008
Fines Should be Proportionate
A small firm and its director, who were originally fined £96,000 and £14,000 respectively following breaches of Health and Safety law which led to the death of an employee, have had their ... Read More20-02-2008
Insolvency Fees Ruling – Damages After Fees
A recent case involving the long-running saga of the insolvency of Leeds United FC has potential implications for employees of companies which go into administration. The administrators of Leeds ... Read More20-02-2008
Policy Wording Negates Claim
Yet another case illustrates the wisdom of reading through the small print of commercial insurance policies to make sure that the risks you think are covered are actually covered by the policy. ... Read More20-02-2008
What is Personal Data?
The definition of personal data for the purposes of the Data Protection Act 1998 is contained in Section 1 of the Act. Personal data is that which relates to a living individual who can be identified ... Read More20-02-2008
‘Pre-Pack’ Administration Gets Court Approval
Insolvency law has produced more than its share of legal argument. One contentious matter which recently came before the court was whether ‘pre-pack’ transfers of insolvent businesses can ... Read More23-10-2007
Protection from Unfair Selling Practices
Further protection for consumers from unfair selling practices is due to be introduced next April. This should help to reduce the litany of complaints of sharp practice that abound in some areas of ... Read More28-06-2007
University Not Liable for Asbestos Exposure
Reading University has been found not to be liable for the death of a worker from mesothelioma. It was alleged that the man was exposed to asbestos when assisting in works to the University’s ... Read More23-03-2007
Phoenix Companies - Insolvency
Insolvency law is littered with cases involving so-called ‘Phoenix companies’ – ones which fail and then seemingly reappear overnight in substantially the same form and with ... Read MoreCompany and Partnership
25-11-2009
OFT loses bank charges ruling
One of the first decisions of the new Supreme Court (which last month replaced the House of Lords as the highest court in the land) will be a disappointment to many bank customers who suffered high ... Read More15-04-2009
Companies (Trading Disclosures) Regulations 2008
Are you up to date with the new Companies (Trading Disclosures) Regulations 2008? It may seem like a small matter in comparison to those other responsibilities you have when running your business; ... Read More20-02-2008
Dividend Waivers – Making Them Work
When a company is set up, it is common to divide the shares in it in approximately equal proportions amongst the subscribers. Whether or not this proves to be the most effective way to split them in ... Read More20-02-2008
Enterprising Investment Made Simple
Successive governments have recognised that the spirit of entrepreneurialism, though deeply ingrained in the UK’s culture, is not really very well supported by the financial institutions. In an ... Read More20-02-2008
New Money Laundering Regime
Business owners are reminded that the new Money Laundering Regulations 2007 came into effect on 15 December 2007. These replace the existing money laundering legislation. The aim of the new regime is ... Read More20-02-2008
Non-Cooperation Sufficient for a Ban
A director of a company who failed to cooperate with the Financial Services Regulator and (although the company was not insolvent) with the Official Receiver recently found that an order was made ... Read More20-02-2008
Taper Takes Toll
One of the more important changes announced in the recent pre-budget report was that Capital Gains Tax (CGT) taper relief, which was introduced in 1998, will be abolished with effect from the end of ... Read More20-02-2008
The New CGT Regime – Who Wins and Who Loses?
The changes announced in the Capital Gains Tax (CGT) regime in the Chancellor of the Exchequer’s pre-budget report are more far-reaching than has generally been understood. In this article, we ... Read More10-05-2007
Guidance on REITs
HM Revenue and Customs (HMRC) have now published guidance on Real Estate Investment Trusts (REITs), which became available on 1 January 2007. Among the main issues clarified are the following: ... Read MoreEmployment
20-03-2009
Court of Appeal Rules on the Employment Status of Agency Workers
Under the Employment Rights Act 1996, protection against unfair dismissal is only afforded to employees. For this reason, the exact employment status of an agency worker is often at issue in the ... Read More20-03-2009
Definition of Disability: Is it ‘Likely to Recur’?
For the purposes of the Disability Discrimination Act 1995 (DDA), someone has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ... Read More19-03-2009
Dispute Resolution – Are You Prepared for the New Regime?
In order to establish what it is hoped will be a more flexible system for dealing with workplace disputes, as of 6 April 2009 the Employment Act 2008 repeals the Statutory Dispute Resolution ... Read More20-02-2008
Age Discrimination Cases on Hold
Following a Practice Directive handed down by the President of the Employment Tribunals, all age discrimination cases in England and Wales that relate to dismissal on the grounds of retirement ... Read More20-02-2008
Company Road Safety – Police Get Tough
Employers who forget that their health and safety responsibilities extend to employees driving on company business should take note of a shift in the way police will investigate road accidents in ... Read More20-02-2008
Consultation on Collective Redundancies
The Employment Appeal Tribunal (EAT) has ruled that the obligation on an employer, under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, to consult over collective ... Read More20-02-2008
Insurance Contracts – New Discrimination Law
Legislation enacting European law prohibiting sex discrimination in insurance contracts came into force in the UK on 21 December 2007. It is now unlawful to use sex as a factor in the calculation of ... Read More20-02-2008
Is a Director an Employee?
When a company becomes insolvent, whether or not a shareholder and director is an employee, within the meaning of section 230 of the Employment Rights Act 1996 (ERA), for the purposes of a claim for ... Read More20-02-2008
Making Training Costs Tax Deductible
You would be forgiven for thinking that training costs aimed at improving your skills or business profits would automatically qualify for tax relief, but that is not necessarily the case. The ... Read More20-02-2008
Music While You Work
If you allow your staff to listen to music whilst working, the Performing Rights Society (PRS) has warned that you could be liable to pay a licence fee. PRS is a not-for-profit organisation that ... Read More20-02-2008
New Advisory Fuel Rates
HM Revenue and Customs (HMRC) have revised the advisory fuel payment rates to be used without tax or NIC implications when employers reimburse employees for business travel in a company car or when ... Read More20-02-2008
Taxman Challenges Troncs
The Central London Employment Tribunal’s decision that discretionary service charges and credit card tips paid via the tronc are to be counted as paid by the employer, and thus a component of ... Read MoreIntellectual Property
20-02-2008
No Agreement Means Software Writer Owns Copyright
A recent case has illustrated the common legal difference between intellectual property (IP) produced by a freelancer and that produced by an employee. In the case of IP produced by an employee, the ... Read More20-02-2008
Patent Protection Depends on Proof of Invention
A recent ruling by the House of Lords, in a case involving a patent, marks a significant change to UK patent law. Prior to the decision, under UK law an action brought to prove entitlement to a ... Read MoreLandlord and Tenant
20-02-2008
Empty Properties – Rating Change Approaches
It has for some years been a bit of an oddity that with the economy buoyant, quite generous reliefs from business rates have been available where commercial premises are unoccupied. Ironically, a ... Read More08-05-2007
Landlord Need Not Repair Item Not in Disrepair
A tenant who sought to claim from her landlord, after she was cut by broken glass, found that the Court of Appeal did not agree that her landlord was liable for her injury. Elaine Alker had been ... Read More02-04-2007
Unpaid Rent Claim – Landlord Need Not Mitigate Loss
A common principle in English law is that of mitigation. This means that in cases involving a claim for damages, the person who has suffered the loss for which compensation is being sought is ... Read More