News
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Case Review: Dewhurst v Citysprint UK Ltd ET/2202512/2016
The Central London Employment Tribunal found that Maggie Dewhurst, a courier with logistics firm Citysprint, should be classed as a worker rather than self-employed. This…
Posted on 1 February, 2017 by Ortolan
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CEDR: Meeting the changing needs of Alternative Dispute Resolution in 2017
One of the most common forms of alternative dispute resolution is mediation. It involves an independent third party who, rather than adjudicating on a matter, instead…
Posted on 1 February, 2017 by Ortolan
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Potential Pitfalls of Attempting to Enforce a Judgment Debt against a Co-owned Family Home
ProblemI have a county court judgement against an individual. Can I enforce the judgement against the debtor’s home if it is co-owned with a spouse/partner? If you have a…
Posted on 1 February, 2017 by Ortolan
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New Year New Rateable Values
The rateable value of a property is assessed by the Valuation Office Agency based on the annual open market rent for the property. The last revaluation took place back in 2010.…
Posted on 12 January, 2017 by Ortolan
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Vicarious liability at Christmas: Work, The Party, The After-Party
Case review: Bellman v Northampton Recruitment Ltd [2016] EWHC 3104(QB) In the early hours of the morning, a heated discussion took place between the Managing Director…
Posted on 12 January, 2017 by Ortolan
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Reminder As To Why You Need to Keep Personnel Files Up to Date!
The Employment Appeals Tribunal has upheld a decision (Stratford v Auto Trail VR Ltd UKEAT/0116/16) that an employee was fairly dismissed when, having decided that a…
Posted on 12 January, 2017 by Ortolan
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Clawback Remains A Popular Option
Overage (also known as clawback) remains a popular option Overage provisions are generally used in contracts where a seller is to share in any increase in value in a property…
Posted on 12 January, 2017 by Ortolan
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How to Execute a Contract – Getting It Right!
Arguably the execution clause of a contract is just as important as the terms within the document itself. Getting the execution clause wrong can result in a well written…
Posted on 12 January, 2017 by Ortolan
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Why Duran Duran May Remain Hungry Like The Wolf
Last week’s High Court decision in the case of Gloucester Place Music Ltd v Le Bon & Ors [2016] EWHC 3091 (Ch) (02 December 2016) has made headlines around the…
Posted on 8 December, 2016 by Ortolan
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When Statements of Fact are no longer Statements of Fact – Warranties or Representations?
Anyone that has been involved in a corporate acquisition will be aware of the need for the Seller to provide Warranties on matters related to the Target. If it later…
Posted on 5 December, 2016 by Ortolan
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What to do if you have Squatters in your Commercial Building
Squatting is when a person knowingly enters a building without permission as a trespasser and lives there, or intends to live there. Since the Legal Aid, Sentencing and…
Posted on 5 December, 2016 by Ortolan
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Conduct Dismissals – Beware if relying upon earlier warnings!
In Bandara v British Broadcasting Corporation [2016], the Employment Appeal Tribunal (‘EAT’) considered an employment tribunal's approach to the reasonableness test in a…
Posted on 5 December, 2016 by Ortolan
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I have to give “Vacant Possession” but what does that mean?
The two most common places to see this requirement is in a break clause in a lease or on the sale of a property. The simplest interpretation of vacant possession (“VP”) is…
Posted on 5 December, 2016 by Ortolan
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A Reasonable and Proportionate Approach to Litigation is Required
The Civil Procedure Rules, being the rules which govern the running of litigation in England and Wales, deal with, amongst other things, parties’ ability to recover…
Posted on 2 November, 2016 by Ortolan
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Uber Drivers Should Receive Workers’ Rights - Landmark Decision
On 28 October 2016, the Employment Tribunal ruled that two Uber drivers were in fact ‘workers’ within the meaning of the Employment Rights Act 1996 and not self-employed…
Posted on 2 November, 2016 by Ortolan