Keyword search Enter keyword Select practice area Select practice area Commercial contracts Banking and finance Construction and engineering Corporate Data protection Debt recovery Employment EU and competition law Insurance Intellectual property Litigation and disputes Pensions Planning Private client Property litigation Real estate Regulatory and compliance Restructuring and insolvency Tax Technology Clear [x] Understanding underleases: what are the risks?29-04-2016Potential undertenants need to understand the nature of their interest and the implications this has for their liability as a whole. This article highlights some risks for undertenants and suggests ways in which these may be addressed.My employer is in Administration: What does this mean for me?29-04-2016Retailers BHS and Austin Reed have recently gone into administration, leaving 11,000 and 1,200 jobs respectively at risk. In such uncertain times, what rights do affected employees have?Redundancies: the lesser known employer duties26-04-2016Redundancies and restructures have dominated the headlines recently. Managing a redundancy process can be challenging, so this article looks at some of the duties involved that employers often neglect.Modern slavery legislation: a global outlook25-04-2016The UK is leading the way in the fight against modern slavery through the Modern Slavery Act 2015. Is the UK legislation the gold standard?Footballer wins disability discrimination claim25-04-2016An employment tribunal has found that Newcastle United (Newcastle) discriminated against former player, Jonas Gutierrez, on the grounds of disability and now the club faces paying considerable compensation of up to £2 million.New apprenticeship levy: further details released25-04-2016Further details about the controversial apprenticeship levy, expected to be in force from April 2017, have been published.All reasonable endeavours and good faith21-04-2016A recent Court of Appeal decision has demonstrated how detailed drafting brings clarity to the scope of 'reasonable endeavours' and 'good faith' obligations.Right to work in the UK: when can an employer dismiss fairly?21-04-2016The Employment Appeal Tribunal has recently considered whether an employer dismissed an employee fairly in the mistaken belief they no longer had the right to work in the UK.Financial Services: Managers beware!21-04-2016The Senior Managers and Certification Regime marks a shift in the individual accountability of certain employees within the financial services industry. We explore the key aspects of the new regime from the perspective of those employees.Tier 2: Minimum salary increase as of 6 April - fact or fiction?20-04-2016There appears to be some confusion around the minimum salary level required to be paid to non-EU workers being sponsored under the Tier 2 (General) category.Surrendering a lease, not just the keys20-04-2016A recent case, has highlighted that a landlord can make arrangements to secure and relet an empty property without bringing about a surrender by operation of law.Minimum Energy Efficiency Standard: preparations investors and landlords should be considering now19-04-2016The Minimum Energy Efficiency Standard (MEES) for both residential and commercial properties in England and Wales comes into force on 1 April 2018. This is less than two years away and so investors need to start to take action now.The inspector calls - handling dawn raids by the competition authorities19-04-2016It's 9.30am. You are in the office, catching up on your emails before heading into back to back meetings that will take up most of the day. Little do you know that this is the calm before the storm.New EU Data Protection Regulation: New Regulation Approved15-04-2016It has taken a lengthy legislative process but on 14 April 2016 the European Parliament voted to replace the existing EU Data Protection Directive with the General Data Protection Regulation; a significant landmark in data protection legislation.BREXIT: What will it mean for employers?14-04-2016It has recently been claimed that up to 400 football players would lose the right to play here if the UK votes to leave the EU, we consider some of the implications for employers generally.Gender pay reporting: the time to consider your bonus payments is now13-04-2016Employers may not yet have fully appreciated the retrospective reporting required by the new gender pay legislation. The draft regulations require that bonuses paid out in the coming bonus year be disclosed by organisations with 250 or more employees.Can you be dismissed for pulling a 'sickie'?11-04-2016The recent case of Metroline West Ltd v Mr Ajaj UKEAT/0185/15/RN looked at when is it 'fair' to dismiss when an employer suspects that an employee may be malingering.A cautionary tale - Court of Appeal confirms that deleted words may be used as an aid to meaning08-04-2016In a world where negotiated points are increasingly tracked and preserved through the use of comparison technology, what are the implications of this ruling on contractual certainty for parties and their legal advisers?Employment particulars: changes to pension information08-04-2016From 6 April 2016 the introduction of a single-tier state pension means that pension schemes will no longer be able to 'contract-out'. Consequently, standard employment contracts will need to be amended.The potential Impact of Brexit on your commercial contractual relationships06-04-2016The referendum on whether to leave the EU is fast approaching but uncertainty reigns as to the actual impact on business, should the UK vote to leave. How to have an 'off the record' conversation with an employee06-04-2016Employers may prefer to negotiate the termination of an employee's employment rather than carry out a potentially long or acrimonious dismissal process.Amending affordable housing obligations: developers be warned05-04-2016Developers need to be aware of the deadline for securing amendments to affordable housing obligations under sections 106BA, BB and BC.New EU data protection regulation: compliance in an evolving privacy landscape04-04-2016Some four years in the making, the General Data Protection Regulation (the Regulation) is now in an agreed form pending formal ratification by the EU.Consultation on moving Land Registry operations to the private sector31-03-2016The Government has issued a consultation document containing options to move the Land Registry into the private sector. This is part of the Government's wider aim to raise<br /> £5 billion from sales of public sector assets between now and 2020.April Fool's Day: no laughing matter for employers30-03-2016April Fool's Day is traditionally the day set aside for harmless pranks and practical jokes - but what happens when employees decide to exercise their mischievous streak in the workplace?Employing young workers: Careful planning required29-03-2016With spring having recently sprung, and summer (hopefully!) just around the corner, employers may be thinking about taking on younger workers breaking up from schools, colleges and universities to assist with seasonal peaks / resourcing needs.Modern Slavery - Countdown to compliance29-03-2016Transitional provisions are running out fast. Organisations with a financial year end from 31 March 2016 must publish their statement within 6 months of that year end. Is your organisation ready?New company law on PSC registers comes into force 6 April 2016 - How to comply and avoid criminal penalties24-03-2016From 6 April 2016, most UK companies, LLPs (limited liability partnerships) and SEs (Societas Europaea) will be required to keep and maintain a register of the persons with significant control over them.UK Supreme Court Ruling: Kiddee Case does not infringe Trunki design24-03-2016On 9 March 2016, the UK Supreme Court upheld the Court of Appeal's ruling that the 'Kiddee Case', by PMS International Group plc (PMS), did not infringe Magmatic Limited's Trunki Case design (Community Registered Design No. 43427-0001) (the 'CRD').Higher Rates of Stamp Duty Land Tax (SDLT) on the purchase of additional residential property24-03-2016SDLT must be paid by a purchaser of any residential property in England and Wales where the consideration for the purchase exceeds £125,000.Crackdown on cartels in the UK23-03-2016On 21 March 2016, the Competition and Markets Authority (CMA) announced major developments in two of its ongoing cartel investigations, providing a welcome boast to the authority's enforcement credentials.Record fines for GSK in the UK's first 'pay-for-delay' competition case22-03-2016The Competition and Markets Authority's (CMA) recent £45 million fine on GlaxoSmithKline (GSK) and two other companies is the latest in a series of competition enforcement action in the pharmaceutical sector.FCA warns businesses on competition law compliance22-03-2016The Financial Conduct Authority (FCA) has taken steps to require various businesses to implement competition law compliance programmes, in light of concerns that came to light in a broader review that it was conducting into the pensions sector.Spring heralds more change for employers22-03-2016The arrival of Spring always heralds change for employers with 6 April being one of the government's two annual 'common commencement dates' for new legislation. We take a look at the key changes in employment law in store from this April.Zero-Hours Workers: their forgotten rights22-03-2016With the continued use of zero-hours contracts, and the introduction of the National Living Wage around the corner, employers also need to remember the other rights that zero-hours workers have.New national minimum wage rates announced22-03-2016The new national minimum wage rates which will apply from October have been announced.Court rules that a tenant cannot assign its lease to its guarantor21-03-2016The High Court has held that the anti-avoidance provision in the Landlord and Tenant (Covenants) Act 1995 prevents a tenant assigning its lease to its guarantor. Any attempt to do so will be void.Budget 2016: what it means for your business16-03-2016When a Conservative majority Government was elected last year, most businesses and business owners breathed a sigh of relief thinking that we were in for a period of stability as far as the UK's tax rules were concerned.Market abuse regime update15-03-2016This year will see an overhaul of the market abuse regime across the EU with the implementation of the new Market Abuse Regulation (MAR) under the latest Market Abuse Directive (MAD II).Impact of the new Market Abuse Regulation on AIM disclosure rules15-03-2016Under the new Market Abuse Regulation (MAR), set to come into force on 3 July 2016, the market abuse regime in the UK will be updated.Cybercrime: it's a question of 'when', not 'if' for business11-03-2016Businesses face an increasing number of challenges and one of the most severe and potentially damaging is that of cybercrime. Fallout from a cyber-attack can result in both physical as well as reputational damage and the loss of business and customers.Bracing for Brexit: countdown to impact10-03-2016With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Pharmacists and those in the healthcare sector must be aware of new requirements under the UK Modern Slavery Act 201504-03-2016The Modern Slavery Act 2015 introduces a new area of compliance for commercial organisations. The Act is amongst the toughest anti-slavery and human trafficking legislation in the world.The National Living Wage: time to prepare01-03-2016The National Minimum Wage (Amendment) Regulations 2016 come into force on 1 April 2016. Employers need to be aware of their new obligations in good time to ensure compliance.Unreasonably refusing to engage in mediation: at what cost?29-02-2016The court has the power to impose costs penalties on parties who refuse to mediate.Unlocking holiday pay: the latest EAT decision29-02-2016The Employment Appeal Tribunal has ruled in the long-running case of British Gas Trading Ltd v Lock, confirming that commission payments need to be taken into account when calculating holiday pay.Supreme Court guidance: Freedom of contract not open to interpretation25-02-2016Two recent Supreme Court cases represent a stark warning against liberal interpretation of contracts and serve as a reminder that the plain meaning of the words is likely to be the starting point.An unfortunate boost to potential scammers?25-02-2016This article explores the Hughes vs Royal London case and what this means for access to pensions funds.Dyslexia discrimination23-02-2016Following a recent employment tribunal decision, we look at how employers should ensure that they are accommodating and supporting dyslexic employees.Obliged to build before contractual completion date17-02-2016In a recent case the High Court has ordered, by way of specific performance, that building works must be carried out before the date specified in the contract for those works to be completed. Business regulation - the power of the brand12-02-2016There is a growing trend for naming and shaming rather than criminal penalties. Is the future of compliance self-regulation, for fear of reputational damage?Gender pay gap revolution moves closer12-02-2016The government is consulting on draft regulations on gender pay reporting for large organisations.Modern Slavery: what does it mean for SMEs?12-02-2016Contrary to expectations SMEs are finding that they are affected by the Modern Slavery Transparency Supply Chain provisions because they are required to give assurances to those they supply that they comply with the Modern Slavery Act 2015.The new apprenticeship levy: what does it mean for employers?11-02-2016The government recently published draft legislation introducing an apprenticeship levy which is expected to come into force on 6 April 2017. In this article we look at the impact on employers.Bearer shares - time is running out11-02-2016Bearer shares were abolished by The Small Business, Enterprise and Employment Act 2015 ('the Act'). Holders of bearer shares have until 26 February 2016 to surrender them to the company for conversion into registered shares or risk their cancellation.Rap artist M.I.A. brings attention to the importance of balancing the enforcement of legal rights with reputation management10-02-2016London rapper Mathangi "Maya" Arulpragasam pka M.I.A. is known for being an artist who is not afraid to express her political opinions and promote causes about which she is passionate through her art form. Purpose built student accommodation excluded from Scottish PRS reforms09-02-2016Following lobbying and sector feedback, Purpose Built Student Accommodation (PBSA) is to be excluded from the remit of the Private Housing (Tenancies) (Scotland) Bill.YouTube 'reacts'08-02-2016A recent decision by two YouTube bloggers to cancel their portfolio of trade mark applications serves as an important reminder for businesses to always take into account the commercial considerations of their actions.The EU-US Privacy Shield - a new safe harbor?05-02-2016The European Court of Justice ruled last October that the data sharing framework between the EU and US, referred to as Safe Harbor, is no longer valid.Zero hours contracts: proper protections for staff now in place05-02-2016With the use of zero-hours contracts 'ZHCs' increasing and new regulations in this area coming into effect, employers should ensure compliance with the new rules.Section 288 Challenges - Is there scope to think outside the box?04-02-2016For a number of years, the Government has sought to narrow the scope and use of planning obligations. It has actively encouraged local authorities to adopt the Community Infrastructure Levy (CIL) when it introduced the CIL Regulations in 2010.Misleading replies to enquiries - a costly reminder for sellers and landlords03-02-2016Providing inaccurate replies to pre-contract enquiries cost a seller almost £400,000 after the buyer withdrew shortly before completion and claimed damages for deceit.Court of Appeal clarifies occupational rights of husband after vacation of family home by wife28-01-2016The case of Derwent Housing Association Limited v Taylor, 19 January 2016 has provided clarification on whether a spouse who remains in the matrimonial home has continued rights of occupation if their partner has left the home and terminated the tenancy.Subrogation to unpaid vendor's lien28-01-2016In the recent case of Bank of Cyprus UK Limited v Menelaou, the Supreme Court showed the flexibility of the equitable remedy of unpaid vendor's lien.Monitoring employees' communications: EU case sends wrong message28-01-2016Employers should be cautious after a recent decision was widely reported as a 'green light' to read employees' person communications at work; this is not the case.'Right to Rent' checks in force 1 February 201627-01-2016From 1 February 2016 landlords of residential property in England (not also Wales) will have to carry out checks to ensure potential tenants have the right to rent property in the UK.What the new ODR Platform means for consumers and traders27-01-2016On 15 February 2016, the new European Union Online Dispute Resolution platform (the 'ODR Platform') will be available for use by consumers and traders.Is an 84 hour average working week lawful?26-01-2016A recent decision of the European Free Trade Association Court (EFTA Court) in Matja Kumba T M'bye and Others v Stiftelsen Fossumkollektivet, E-5/15 that an 84 hour working week is lawful, certainly catches the eye.Safety Non-Compliance Offences - Is your provision for fines sufficient?22-01-2016The linking of fines to turnover is one of the most seismic changes to hit offenders in a generation.Gender Pay Gap Reporting: Why does it matter?21-01-2016In the first of a series of articles on gender pay gap reporting, we look at the position so far and what implications the new reporting obligations could have for public and private sector employers alike.Housing and Planning Bill - Update: New resolution procedure for S.106 negotiation disputes19-01-2016The Housing and Planning Bill has now passed through the House of Commons, with MPs concluding reporting and final reading on 12 January 2016. The Bill will now be passed on to the House of Lords for its first reading.Transgender equality: time to act19-01-2016A recent report on transgender equality from the House of Commons Women and Equalities Committee confirms that transgender people continue to suffer prejudice in and out of the workplace.Disability discrimination in attendance management policies18-01-2016Employers must make reasonable adjustments to make sure disabled workers aren't seriously disadvantaged when doing their jobs. This article looks at how recent decisions in relation to attendance management policies impacts employers.Pension Schemes: Pension Protection Fund Levy Determination 2016/1714-01-2016This update looks at the Pension Protection Fund Levy determination for the PPF Levy Year 1 April 2016 to 31 March 2017.PSC registers: Criminal sanctions for non-compliance loom as draft guidance is published14-01-2016Less than three months now remain until the implementation of new regulations which will require disclosure of people who exert significant influence over companies and limited liability partnerships (LLPs) in the UK.Mid-market corporate finance - a look ahead at 201613-01-20162015 saw a year of growth - after a quietly confident start, the market gained momentum following the election and growth across the sectors continued into the fourth quarter.Has the role of Chairman changed?12-01-2016Following the announcement that Sir Philip Dilley, chairman of the Environment Agency, would step down in the aftermath of the latest floods to hit the UK, we look at the role of the Chairman.The buy-to-let tax raid11-01-2016Not content with increasing the rate of SDLT by 3% on buy-to-let properties, the chancellor has announced radical changes to interest deductibility, which will make owning buy to let properties less attractive than ever before.Effective crisis management: the crucial first 12 hours11-01-2016Twelve hours. Just twelve hours. That's how long an organisation has to shape the way in which a crisis is going to unfold.Employers risk financial, brand and reputation fall out over National Minimum Wage08-01-2016Before Christmas, a national newspaper reported that staff working in Sports Direct's warehouses might not be being paid the National Minimum Wage ('NMW') due to the time it was taking for compulsory security searches to be carried out after each shift.