Legal updates

General Medical Council: Changes to GMC Fitness to Practise Rules

On 11 June 2012, the Medical Practitioners' Tribunal Service (MPTS) was launched to provide an impartial adjudication function for doctors as part of the GMC's fitness to practise reforms.

When disaster strikes ...

... businesses need to ensure that they are able to continue 'business as usual.'

Pension trustee decision-making: Fishing for a solution?

On 9 May, the Supreme Court gave judgment in the cases of Futter and another v HMRC and Pitt and another v HMRC. These cases are very similar and deal with decision-making by pension trustees.

All change, please: Defamation Act 2013

After considerable Parliamentary ping-pong and various political manoeuvrings in light of the Leveson inquiry recommendations, Royal Assent has finally been given to the Act that purports to balance protection of reputation and freedom of speech ...

References for ex-employees: an employers' guide to avoiding liability

Drafting references can be a legal minefield for employers. This has not been helped by recent confusion over whether ex-employees are protected against victimisation if they receive a negative assessment.

Offices to residential conversion: The details emerge

The Government has amended the Town and Country Planning (General Permitted Development) Order 1995 to make it possible to convert Class B1 office buildings to Class C3 residential dwellings without having to apply for planning permission.

Retail travel: An opportunity for growth

Travel locations, such as airports and train stations, are one part of the retail sector which has held up relatively well during the economic downturn.

Further twists to service charge consultation

In the recent case of Daejan Investments Ltd v Benson [2013], the Supreme Court granted a landlord dispensation from service charge consultation requirements, overturning the decisions of the Leasehold Valuation Tribunal (LVT) and the Court of Appeal.

Bring your own device: ICO publishes new guidance

A survey by the Information Commissioner's Office (ICO) has revealed that 47% of all UK adults now use their personal smart phone, laptop or tablet computer for work purposes - known as 'bring your own device' (BYOD).

Sir Alex Ferguson's departure shows employers need game plan for succession

When a key employee leaves, even on friendly terms, employers can find themselves facing difficult practical and legal issues over who to replace them with. How can employers manage succession in an orderly way?

Judicial review: It's about time

At present, an application for a judicial review of a decision made by a public body must be made 'promptly' and within three months of that decision being taken in any event.

The digital shift: 10 themes shaping the legal agenda

The first industrial revolution, which began in the 1750s, lasted for between 80 to 100 years. The pace of technological change today encourages us to believe that the second industrial revolution (IR2) will be completed at much greater speed.

Life cycle of a services contract: what goes around comes around

When negotiating a contract for the provision of services the legal implications of TUPE should inform the commercial position of the parties.

Growth and Infrastructure Act 2013

The Growth and Infrastructure Bill finally received Royal Assent on 25 April. Amending existing legislation, it introduces a number of reforms that will affect the planning application process.

New redundancy consultation requirements: some things stay the same

Although changes to the collective redundancy consultation regime introduced last month have been well publicised, some important things are not changing.

TUPE: duty to inform and consult does not apply if transfer never takes place

The Employment Appeal Tribunal has handed down a helpful decision on identifying the affected employees with whom information and consultation must take place on a TUPE transfer.

Promises, promises: employers must be careful what they say to employees in difficult times

The Court of Appeal recently upheld the EAT's decision in a case concerning bonuses promised to bankers prior to the sale of their employer.

Empty property rates relief: High Court decision

We have commented in the past about actions local authorities are taking to challenge the availability of charitable rates relief in connection with various arrangements that charities have been involved with.

Corporate governance: trade union voting and engagement guidelines

The TUC, Unison and UNITE recently announced they had formed the Trade Union Share Owners group and published the Trade Union Voting and Engagement Guidelines.

Purpose clauses: Can Lenders claim breach of trust?

In most facility agreements, lenders include a clause that the loan can only be used for a specific purpose (for example to assist with the costs of development of a property).

Property owners are at risk if Land Registry addresses are out-of-date

The Land Registry requires an address for service for owners of certain interests in land. Most significantly, it requires an address for service for any owner of registered land or of a charge over it.

Disabled employees should have been offered part-time working

The European Court of Justice (ECJ) recently clarified the scope of "disability" and "reasonable accommodation" in the European, Equality Framework Directive (the Directive).

Pensions: Is this the end for RPI?

On 19 March 2013, the Office for National Statistics (ONS) published two new price indices (RPIJ and CPIH) and de-designated RPI as a National Statistic.

Enterprise and Regulatory Reform Act: Changes to heritage planning

Significant changes to the law concerning Listed Buildings and Conservation Areas are set to be made under the Enterprise and Regulatory Reform Act, which received Royal Assent on 25 April.

IT security is often virtually forgotten

The IT industry have seen a rapid move towards 'virtualisation' for example, the 2012 InformationWeek State of the Data Centre survey highlighted that half of the 256 respondents would have at least 50% of their production servers virtualised by 2013.

Data protection authorities announce investigations into Google's privacy policy

On 2 April 2013, data protection authorities across the EU - including the Information Commissioner's Office (ICO) - announced that they are now investigating whether Google's privacy policy complies with national data protection laws.

Women on boards: progress made but more to do

The drive to increase female participation on the Boards of the UK's largest companies is still under the spotlight as a further report is published.

Reasonable adjustments for employees: a reminder for employers

The legal duty on employers to make reasonable adjustments is a regular source of litigation. In this article we remind employers of some of the main points to remember in this area.

Good faith: High Court decides to swim with the tide

In the recent case of Yam Seng Pte Limited v International Trade Corporation Limited, the High Court decided to swim with the tide and recognise an implied duty of good faith and fair dealing.

Tenant's right to end a business tenancy: a simple guide to Section 27 of the 1954 Act

Section 27 of the 1954 Act provides the tenant that does not wish to renew its tenancy with a flexible right to end the tenancy on or after contractual expiry.

Legal Advice Privilege

Supreme Court's stark reminder: Court of Appeal decision that legal advice privilege does not apply to legal advice given by a professional other than a lawyer

Interim Rent Guide

Interim rent is a source of confusion for landlords, tenants and practitioners alike. Our team deals with hundreds of lease renewals each year, and this short guide deals with some of the more frequently asked questions.

Costs budgeting

What is costs budgeting?

CPR Reform: How Jackson will impact lease renewal proceedings

The 'Jackson Reforms' herald a new era in the management of and procedure for civil litigation.

Commercial leases: the pitfalls of forfeiture

Forfeiture is a common and cost-effective method of terminating commercial leases, but is not always the best course of action.

Redevelopment Break Clauses

If a landlord is considering redeveloping premises but cannot yet make out the redevelopment statutory ground of opposition set out in section 30(1)(f) of the Landlord and Tenant Act 1954, all is not lost - a redevelopment break clause could be an option

Seed investment scheme begins to take root - SEIS extended

The Budget 2013 contained a number of measures to extend the capital gains tax relief for re-investing gains in Seed Enterprise Investment Scheme (SEIS) shares.

Will Supreme Court ruling impact on businesses offering 'repair and replace' warranties?

The Financial Services Authority (FSA - now replaced by the FCA) took action against Digital Satellite Warranty Cover Limited (Digital) to wind it up 'in the public interest'.

Crack down on National Minimum Wage payments as rates rise again

The National Minimum Wage will rise again in October 2013 when both the adult and apprenticeship rates will increase.

Mental health and best practice: Appropriately processing data from individuals with mental health problems under the Data Protection Act (1998)

The joint Money Advice Liaison Group (MALG) and Royal Collage of Psychiatrists (RCP) brefing note on appropriately processing data from individuals with mental health problems was released on 4 April 2013.

Fees for Intervention - Six months on

The Health and Safety Executive (HSE) introduced the Fees for Intervention (FFI) scheme on 1 October 2012. Six months on, what has been the experience of clients?

UPDATE: Government action on share buy-backs

The BIS consultation on the recommendations in the Nuttall Review of Employee Ownership closed in November 2012.

Revised fit note guidance issued by DWP

From 6 April 2010 sick notes issued by GPs were replaced by fit notes. The Government hoped this would help encourage employees to return to work and reduce the culture of absenteeism.

EAT says obesity is not a disability

In a recent decision the Employment Appeal Tribunal (EAT) has confirmed that obesity itself is not a disability for the purposes of discrimination law. However, it held that conditions caused by obesity are likely to render someone disabled.

Factors to consider before dismissing at the request of a third party

Employers may need to dismiss an employee in various circumstances because a third party has requested it. The EAT has recently considered what would render such a dismissal fair.

Transgender patients: Doctors and the General Medical Council

The Francis Report, published on 6 February 2013 as a result of the public enquiry into the Mid Staffordshire Hospitals NHS Trust, places the onus on healthcare providers and healthcare professionals to put patients first.

Good character evidence: Wisson v Health Professions Council (2013)

The appellant was a podiatrist - Raymond Wisson - registered with the Health Professions Council (HPC)∗.

Minority shareholders: How far do your rights extend?

In the recent case of Eckerle and others v Wickeder Westfalenstahl GmbH and another, the High Court examined whether minority shareholder protection afforded by the Companies Act 2006 extends to a holder of beneficial interest in shares.

The concept of proportionality is not new to litigation

On 1 April 2013 there will be a cultural shift in the civil litigation landscape, mostly arising out of recommendations made by Lord Justice Jackson.

High Growth Segment: New market now open

The London Stock Exchange (LSE) has announced that its new market segment aimed at fast-growing companies is now open for applications for admission to trading.

Civil Procedure Rules - The Big Bang: But what does it mean for you?

Lord Justice Jackson completed his year long review of costs in civil litigation in January 2010, when his final report was published.

The concept of proportionality is not new to litigation

In addition to the overriding objective, a new test of proportionality has been introduced when assessing costs.

Importance of legal representation before regulatory bodies

The appellant was a midwife employed at an NHS hospital, who faced 13 allegations at a Conduct and Competence Committee of the Nursing & Midwifery Council (NMC). McDaid v Nursing & Midwifery Council [2013] EWHC 586 (Admin).

Redundancy selection criteria - keeping it fair

When employers have to select employees for redundancy they risk claims for unfair dismissal, as a recent case shows.

The Health and Safety Executive and the GMC: A Memorandum of Understanding

In December 2012, the Health and Safety Executive (HSE) and the General Medical Council (GMC) released a Memorandum of Understanding to improve communication between the two organisations in areas where they share a mutual interest.

Cooperation is what you need: Part 2 - Outsourcing: Customer breach of duty of good faith decision reversed

The Court of Appeal has allowed an appeal to be brought by Mid-Essex Hospital Services NHS Trust against Compass Group UK and Ireland Limited T/A Medirest (Medirest) on the grounds that the High Court judgment made in 2012 should be overturned.

Snow and storms: survival guide for employers

As snow and storms cause severe disruption across the UK, many organisations will be forced to close but what are employers' rights and obligations in such circumstances?

Budget 2013: Tax Summary

The Chancellor presented the 2013 Budget to Parliament yesterday (20 March). The following is a summary of the main tax points of interest with the draft Finance Bill to be published on 28 March:

Budget 2013: Government looks again at housing supply

In his March 2013 Budget statement, the Chancellor has announced various measures targeted at promoting growth and addressing some of the structural issues with housing supply and accessibility.

Relaxing the regime on company names

Have you ever chosen the perfect name for a company, only to be told you cannot have it?

Hiring employees: maximising your returns

Recruitment company, Manpower, has reported that the UK's employment situation is the best since the recession began, and that recruitment is set to increase.

Simplification of outline planning applications

The Government has continued its measures to streamline the planning process with the publication of the Town and Country (Development Management Procedure) (England) (Amendment No 3) Order 2012 (DMPO), which came into effect on 31 January 2013.

Exclusion of mines and minerals: the considerations

Reservations of mines and minerals have come into sharp focus over the last year, and pose a new challenge for developers.

A customer's guide to agile software development: part 2 - what should a customer do?

This article looks at what a customer entering an agile development project should do to ensure it is geared up to implement such a project and that the documents governing the same adequately protect its position.

Stamp Duty Land Tax: Finance Bill 2013 - Recent Developments

This article summarises the main changes proposed in the draft clauses of the Finance Bill 2013, with particular reference to the transfer of rights (sub-sale) rules.

Loss of disciplinary data leads to large fine

The Nursing and Midwifery Council has been fined £150,000 by the Information Commissioner's Office for losing three DVDs which contained evidence relating to a disciplinary investigation.

Misconceptions in relation to Chancel Repair

There are some common misconceptions about chancel repair liability. Here, we seek to clarify two of them.

Late payment of commercial debts: New developments of interest

The Late Payment of Commercial Debts Regulations 2013 come into force on 16 March 2013, affecting commercial contracts for the supply of goods or services entered into after that date.

NHBC Cover for Contamination

NHBC Standards provide the technical benchmark for all newly-built homes registered with it, and include a land quality standard.

How to miss penalties: A guide to avoiding penalty clauses

Being English, you might think it is our nature to miss penalties, but what you might not realise is that as lawyers we can be just as anxious about penalties as the Premier League's finest.

A customer's guide to agile software development: part 1 - what is agile?

Agile software development is fast becoming a mainstream development methodology and has seen a steep increase in use over the last decade.

Yahoo, Marissa Mayer and remote working: the employment law angle

Yahoo's Marissa Mayer caused an outcry when she banned 'remote working' at the company: organisations thinking about a similar move could fall foul of employment laws.

Agency workers and collective consultation: don't get caught out

A recent employment tribunal decision is a timely warning to employers who may not be aware that the law relating to collective consultation on a TUPE transfer and where more than 20 redundancies are proposed has changed.

Fixed term contracts and redundancy consultation: changes from April 2013

Draft legislation to implement the Government's previously announced intention to make changes to the consultation regime for collective redundancies has now been published.

New UK Timber Regulations

New UK regulations come into force on 3 March 2013 to enforce the EU Timber Regulations.

Swansea mine deaths: charges confirmed

Malcolm Fyfield, a manager at the mine where four men lost their lives in 2011, has been charged with four counts of gross negligence manslaughter.

Charges dropped against firework display organiser

In November 2011, seven people died and 51 were injured in a motorway pile-up involving dozens of vehicles. It was one of the UK's worst ever road traffic accidents.

Speeding towards trouble: Foreign employees in company cars

Employers of foreign nationals who visit the UK for extended periods and who need to drive for work, should be aware of UK requirements for international drivers and their responsibility for employees' health and safety.

HSE to bring local authorities into line?

Local authorities have jurisdiction for enforcing health and safety legislation for a significant number of types of businesses and premises, including shops, hotels, warehouses, pubs and clubs.

Temperature at work: Employer obligations

With more snow forecast in the coming weeks, it seems an appropriate time to consider temperature in the workplace and the responsibilities of employers to provide a comfortable work environment for their employees.

Unfair dismissal for political views: no need for qualifying service

The requirement for employees to have two years' service before bringing a claim for unfair dismissal where the reason for dismissal was the employee's political opinion or affiliation is to be removed.

Employee shareholders: the basics

A new employment status intended to encourage small and medium-sized businesses to take on staff was proposed by the Government last year. Following a short consultation the legislation incorporating the changes is now making its way through Parliament.

Exclusion clauses: Top drafting tips and recent developments

The parties to a commercial agreement often try to manage their risk by inserting clauses into the contract stating that one or both of the parties' liability - for example, where there is a breach of contract - is limited or restricted in certain ways.

What is good faith?

Whilst there is no implied duty of good faith in English contracts, this is not the case in many European civil law jurisdictions; such as Belgium, France, Germany, Italy, The Netherlands, Poland, Portugal, Spain and Switzerland.

Penalty clauses and liquidated damages: Traps for the unwary

Liquidated damages (LDs) clauses stipulate that a certain specified sum of money will be payable by one ('guilty') party to the other ('innocent') party, where there has been a particular breach of contract.

Competition law compliance: OFT fines Mercedes-Benz and three of its dealers

The Office of Fair Trading (OFT) today announced fines of £2.6m for Mercedes-Benz and three of its commercial vehicle dealers.

IT contracts: Dealing with the risk of supplier insolvency

The collapse of systems integrator and reseller 2e2 in January has highlighted the danger for clients of companies such as 2e2, and focuses attention on how to deal with this type of situation.

UK Supreme Court disallows the extension of privilege

Love in the workplace: heartache for employers?

As the nation has just participated in the annual lovefest that is Valentine's Day, spare a thought for employers having to deal with the fall out from the increasingly common office romance.

State aid: Green light for UK's Green Deal

The European Commission has given the green light to a £600m funding package to support the UK's Green Deal - a new way for consumers to pay for energy saving improvements to their property.

High and dry? Flooding and uninsured risks

The Statement of Principles on the Provision of Flood Insurance was last renewed by the Government and the Association of British Insurers (ABI) in July 2008.

Checking criminal records: Court rules current regime must change

In the recent case of T v Chief Constable of Greater Manchester and ors, the Court of Appeal considered whether the current criminal records checking system breaches article 8 of the ECHR.

PILON: Employer pays the price for termination confusion

The Supreme Court recently handed down an important decision affecting the operation of pay in lieu of notice clauses.

Break conditions in a lease: no Court of Appeal ruling on strict compliance

It has been reported in the legal press that the parties in Avocet Industrial Estates LLP v Merol Ltd and another [2011] have reached an agreement in court.

Going viral: misuse of work emails

In this article we consider the legal issues regarding misuse of email in the workplace and what employers can do to protect their businesses.

Restrictive covenants in sale agreements: Enforceable or restraint of trade?

A recent High Court case has considered whether restrictive covenants placed on a seller amounted to an unlawful restraint of trade.

Litigation in Scotland

The addition of the ACH Shoosmiths full service office in Edinburgh means that Shoosmiths can advise clients on litigation matters throughout the UK. In this article we highlight some of the key litigation considerations north of the border.

Pension Schemes: Pension Protection Fund and Contingent assets 2013-2014

The Pension Protection Fund (PPF) has published its Levy Estimate for the 2013/14 levy year.

BIS launches new code of practice for age restricted products

The Department of Business Innovation and Skills (BIS) has published a new Age Restricted Products Code of Practice.

Victory for franchisors

In the recent High Court case of PSG Franchising v Lydia Darby, a year-long restrictive covenant in a franchise agreement to protect the franchisor's goodwill post-termination, was held to be valid and enforceable - despite being drafted in broad terms.

Changes to Energy Performance Regulations

The Energy Performance of Buildings (England and Wales) Regulations 2012 came into force on 9 January 2013, replacing all previous energy performance regulations.

On your NED be it: A reminder of the expectations of the role of non-executive directors

On 18 January, the Institute of Chartered Secretaries and Administrators (ICSA) published a guidance note on the liability of non-executive directors (NEDs).

Permitted development rights - office to residential conversion

The Government is introducing a new permitted development right to allow offices to be converted into flats without the need for planning permission.

The Green Deal: Should you take advantage?

Funding under the Green Deal will be available for domestic and non-domestic properties from 28 January 2013.

FOS award no longer end of the road for claimants

In late December 2012, the High Court heard the appeal in Clark v In Focus Asset Management and Tax Solutions Limited.

Supreme Court decision on legal advice privilege

The Supreme Court today handed down its decision in the case of R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents) [2013] UKSC 1.

Online behavioural advertising: The new rules

From 4 February 2013, organisations using targeting advertising online - known as 'online behavioural advertising' (OBA) - will be required to tell web users about their use of OBA and allow them to opt-out of having their data collected and used for OBA.

Construction blacklisting: ICO under scrutiny

The Information Commissioner's handling of the blacklisting of construction workers scandal is under scrutiny in Parliament.

Christine Tacon appointed first Groceries Code Adjudicator

Christine Tacon has been appointed to the newly-created role of independent Groceries Code Adjudicator - already dubbed 'supermarket ombudsman'.

Equity markets: Taking the long-term view

The Government has published its response to Professor John Kay's review of UK equity markets and long-term decision making, which focused on changing the perceived culture of short-termism in the equity markets (the Kay Review).

Tenants' right of first refusal: Transfer to a management company

It is well known that the Landlord and Tenant Act 1987 - legislation relating to tenants' right of first refusal - is badly drafted, but developers need to be aware of a lesser known defect affecting flats schemes.

TUPE changes: end of the line for service change provisions?

A consultation on removing the service change provisions from TUPE has been launched.

Job applicants' health: Can employers ask about it?

The Equality and Human Rights Commission has issued guidance for employers and job applicants on pre employment health questions.

Action by ROT suppliers: Effective enforcement of your claim

A supplier wishing to assert a claim to reservation or retention of title (ROT) of stock it has supplied may be faced with a real predicament on learning that a customer has gone into administration.

Warranties and representations? Why it matters

In Sycamore Bidco Ltd v Breslin, the High Court considered whether express warranties in a share sale agreement could also found an action for misrepresentation.

Competition law compliance: OFT investigates construction training services sector

The Office of Fair Trading (OFT) has launched an investigation into suspected anti-competitive conduct concerning provision of training services to the construction industry.

High Court rules on competition law damages and conspiracy claims

The High Court has confirmed that so-called 'follow on' damages actions brought under section 47A of the Competition Act 1998 may be based on the tort of conspiracy to use unlawful means.

Budget changes: Entrepreneurs' relief and EMI options

The Finance Bill 2013 makes changes to the rules applying entrepreneurs' relief (ER) to the disposal by an employee or officer of a company, on or after 6 April 2013, of shares meeting the requirements of the enterprise management incentive (EMI) scheme.

Are you breaching your ongoing duty of care under the Data Protection Act?

£325,000 - the largest Civil Monetary Penalty issued to date by the Information Commissioner's Officer (ICO) for breach of the Data Protection Act (DPA).

Religion at work: new ECHR ruling

The European Court of Human Rights has handed down a judgment considering the right of individuals to manifest their religion in the workplace.

CRC - Government confirms CRC will continue in a simplified form

The Government's Autumn Statement confirmed that the CRC Energy Efficiency Scheme ("CRC") will be retained in a simplified form, rather than abolished.

Consensual Disposal: Osteopaths

All osteopaths must be registered with the General Osteopathic Council (GOsC) and fit to practise. This means they must have the requisite skills, knowledge, good character and health to carry out their professional responsibilities safely and competently

Pension auto-enrolment: Fewer workers will now be caught

Changes announced at the end of 2012 will result in fewer lower paid workers being subject to the new auto-enrolment pension regime.

Volunteer was not protected against discrimination

The Supreme Court recently ruled that a volunteer was not protected against disability discrimination.

New 2013 rates and limits for employment claims and payments

The new limits on employment tribunal awards and on statutory payments for 2013 have been announced.

Last orders for Machine Games Duty Registration

Owners and tenants of premises operating gaming machines only have a few days left to register for the new Machine Games Duty (MGD) or they could face penalties imposed by HM Revenue & Customs (HMRC).

Finance Bill 2013: Caps on income tax reliefs

The draft Finance Bill 2013, published on 11 December, includes a cap on the amount of income tax relief that tax payers can receive, where the relief itself is not already capped.

EU Energy Efficiency Directive

The Energy Efficiency Directive 2012 (EED) was brought into force on 4 December 2012. It introduces binding measures for energy efficiency on the public sector and industry and covers the entire energy chain from generation and transmission to end use.