News
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Disability Discrimination – Protecting an employee’s pay is a reasonable adjustment
In G4S Cash Solutions (UK) Ltd, the Employment Appeal Tribunal (‘EAT’) has recently held that it was a reasonable adjustment for an employer to continue to pay a…
Posted on 2 November, 2016 by Ortolan
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Can a Leaseholder Object to the Re-Calculation of Service Charges Years After Making Payment
Admiralty Park Management Company Ltd v Ojo [2016] UKUT 0421 (LC) An interesting case where both parties had, for several years, ignored the express terms of the…
Posted on 2 November, 2016 by Ortolan
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Excluding And Limiting Liability In Commercial Contracts - Court of Appeal quotes Baldrick’s cunning plan
A year ago we reported on a High Court case (Scottish Power UK Plc v BP Exploration Operating Company Ltd ([2015] EWHC 2658, 25 September 2015)) which considered some…
Posted on 2 November, 2016 by Ortolan
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Corporate Manslaughter - Skip company fined £600,000
A recent case against a skip company has reinforced the importance of having adequate health and safety policies and procedures in place. An employee of Bilston…
Posted on 6 September, 2016 by Ortolan
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Implied Surrender Of A Lease - Are the keys the issue?
Surrender is the consensual termination of a lease by agreement between the landlord and the tenant. Surrender can be expressly set out in documentation or it can be…
Posted on 6 September, 2016 by Ortolan
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Riparian Ownership - Rights and obligations
Under common law, a riparian owner possesses rights over and responsibilities for the stretch of a watercourse that forms the boundary of their property. A riparian owner is…
Posted on 6 September, 2016 by Ortolan
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The Lockpick - Exiting unsuitable or unprofitable contract
Whether you were in favour of leaving the EU or were hoping to remain, the ongoing uncertainty relating to Brexit continues to put pressure on numerous commercial…
Posted on 6 September, 2016 by Ortolan
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Labour Leadership Contest - Employment law pledges
Jeremy Corbyn and Owen Smith have set out a number of pledges in relation to employment law. Both candidates would outlaw zero-hours contracts, abolish employment…
Posted on 6 September, 2016 by Ortolan
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Acting Reasonably - Real life versus contracts
The question of reasonableness raises its head in the vast majority of commercial contracts we are involved with. It’s a deceptively simple concept; we all understand…
Posted on 6 September, 2016 by Ortolan
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Statutory Registers - Keeping up with your admin
Every company must keep registers of certain information including: Directors; Secretaries; Directors’ residential addresses; Shareholders; People…
Posted on 3 August, 2016 by Ortolan
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Costly Mess For Failing To Give Vacant Possession - Partitions left by the tenant meant that break clause had not been complied with
In this case, the lease contained a ‘one-off’ break option which contained common express conditions. The relevant condition here was that ‘vacant possession’ of the…
Posted on 3 August, 2016 by Ortolan
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Case Review - Dismissal automatically unfair despite decision-maker not being aware of protected disclosures
The EAT has recently held that an employee was automatically unfairly dismissed for making protected disclosures even though the person who dismissed her was unaware of those…
Posted on 3 August, 2016 by Ortolan
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Goodbye Annual Return - Hello Confirmation Statement
From 30 June 2016 the requirement to file an Annual Return at Companies House has been replaced with the requirement to file a Confirmation Statement within 14 days of the end…
Posted on 3 August, 2016 by Ortolan
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Data Protection - EU-US Privacy Shield adopted by European Commission
The European Commission has adopted an adequacy decision approving the Privacy Shield framework for EU-US transfers of personal data. In October 2015 we reported that the…
Posted on 3 August, 2016 by Ortolan
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Racehorses And Crude Oil - Court of Appeal provides guidance on damages for deceit
Here’s a legal conundrum for you; If you bought a racehorse from a dealer who promised you it had been thoroughly vetted and was physically sound, but in fact the dealer knew…
Posted on 3 August, 2016 by Ortolan