News
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Immigration - And the "right to rent"
New measures are being introduced by the Department for Communities and Local Government concerning the immigration status of residential tenants, with implications for both…
Posted on 9 September, 2015 by Ortolan
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Relief From Forfeiture - The court's view on a landlord's windfall
The Court of Appeal has considered the correct approach to granting relief from forfeiture where a tenant had wilfully granted an underlease in breach of the terms of its…
Posted on 9 September, 2015 by Ortolan
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Legal Professional Privilege - New qualification or exception created
Legal professional privilege is a cornerstone of our legal system. In short, a client must be free to communicate openly with their legal advisors and any such communications…
Posted on 9 September, 2015 by Ortolan
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Data Protection - Google granted permission to appeal to the Supreme Court
Earlier this year we reported on the Court of Appeal decision in the Google case that means claimants can now bring a claim for breach of the Data Protection Act (DPA) if they…
Posted on 9 September, 2015 by Ortolan
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Employment - Derogatory comments on Facebook
In British Waterways Board v Smith [2015] UKEAT/0004/15, the EAT considered whether it was fair to dismiss an employee that made derogatory statements about their employer on…
Posted on 9 September, 2015 by Ortolan
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Employment Tribunals And Breach Of Contract - Not bound by the civil courts time limit of six years
In Grisanti v NBC News Worldwide Inc ET/2200964/15, a tribunal considered the limitation period for a breach of contract claim in the employment tribunal.In the civil courts…
Posted on 9 September, 2015 by Ortolan
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Employment - Rectifying procedural flaws on dismissal appeal
The case of Adeshina v St George's University Hospitals NHS Foundation Trust & Ors UKEAT/0293/14/RN provides a useful example that procedural flaws can be corrected on a…
Posted on 9 September, 2015 by Ortolan
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Residential Landlords - Requirement to carry out immigration checks
A pilot scheme with the aim of introducing restrictions on illegal immigrants accessing private rented housing has been considered successful and will now be rolled out across…
Posted on 5 August, 2015 by Ortolan
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Workers On Sick Leave - No need to demonstrate inability to take annual leave
A recent case has confirmed that workers do not need to show that they are unable to take annual leave because of their medical condition in order to carry over any accrued and…
Posted on 5 August, 2015 by Ortolan
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Illegal Penalty Or Enforceable Liquidated Damages? - Supreme Court may decide an important shift in the law
A case was heard last month by the Supreme Court (ParkingEye Ltd v Beavis ) which may effectively change the law on penalty clauses and liquidated damages. For 100 years, ever…
Posted on 5 August, 2015 by Ortolan
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Court Fees - More increases on the way
On 9 March 2015 substantial increases in the fees to issue a claim were introduced. Claims over £10,000 now incur a court fee equal to 5% of the claim up to a maximum of…
Posted on 5 August, 2015 by Ortolan
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Back to Basics - Best versus reasonable endeavours
Contractual obligations are normally absolute and failure to satisfy an obligation will be a breach of contract. Parties to a contract may, therefore, want to qualify an…
Posted on 5 August, 2015 by Ortolan
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Budget 2015 - Is George Osborne moving to Manchester?
Probably not and, in truth, the main thrust of the budget delivered on 8 July 2015 by the new Tory-majority government was aimed at tackling the deficit, although there were…
Posted on 5 August, 2015 by Ortolan
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Collective Redundancy - Failure to consult; ignorance is no defence
This month the Employment Appeals Tribunal (EAT) considered the application of the “special circumstances” exception to the obligation to collectively consult. The Claimant…
Posted on 7 July, 2015 by Ortolan
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Limiting Your Liability - Practical Considerations
It may be tempting to try excluding your liability for absolutely everything. However, some losses cannot be excluded by law. Legislation, such as the Unfair Contract Terms Act…
Posted on 7 July, 2015 by Ortolan