News
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Binding settlement by exchange of emails - Salutary reminder to include all main terms in a settlement offer
The Court has held that a binding agreement settling legal proceedings was reached in an exchange of emails between the parties’ solicitors even though the parties were…
Posted on 7 January, 2015 by Ortolan
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Let there be light - Rights to light and The Law Commission's recommendations
Rights of light are an important consideration when undertaking development.This article provides an overview of the current law relating to rights to light, as well as…
Posted on 7 January, 2015 by Ortolan
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Emotive labelling of misconduct - Immaterial whether employer genuinely believed conduct was fraudulent
In the case of Brito-Babapulle v Ealing Hospital NHS Trust [2014] EWCA Civ 1626, the Court of Appeal has upheld a tribunal's finding that a doctor was dismissed for…
Posted on 7 January, 2015 by Ortolan
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Part 36 Offer - No costs consequences where formalities not complied with
The Court of Appeal has held that an offer which did not satisfy the mandatory requirements of Part 36 of the Civil Procedure Rules, by stating on its face that it was intended…
Posted on 7 January, 2015 by Ortolan
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Shared Parental Leave - Significant changes for 2015
The Shared Parental Leave Regulations 2014 have been published. This legislation came into force on 1st December 2014 and applies where a baby is due or adopted on or after…
Posted on 7 January, 2015 by Ortolan
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Unmarried couples - Recent case shakes up entitlements in the family home
A common misconception is the legal existence of the “common law wife”. It is an urban myth that someone who co-habits with their partner obtains rights or obligations…
Posted on 22 November, 2014 by Ortolan
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The curious case of the Blackpool Hotel and Trip Advisor - Hotel "fines" customers for writing a bad review
A Blackpool hotel has made headlines this week after “fining” a couple £100 for reviewing the hotel on Trip Advisor as a “rotten, stinking hovel”.The hotel relied upon…
Posted on 22 November, 2014 by Ortolan
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Dealing with an insolvent tenant - a landlord's rights and options
A common problem for a landlord is how to deal with a tenant that becomes insolvent. This article considers common forms of insolvency processes, what they are and how they…
Posted on 22 November, 2014 by Ortolan
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Workplace Drug Testing - on the rise
A number of employment screening companies have reported a rise in annual workplace drug tests in the last few years.Employers cannot require staff to submit to drug testing…
Posted on 22 November, 2014 by Ortolan
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Liquidated Damages - In a nutshell
The parties to a contract may include a clause requiring the offending party to pay a defined amount of money to the innocent party in the event of a breach. Such…
Posted on 22 November, 2014 by Ortolan
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Holiday Pay Calculation - The Legal Position Explained
There has been a lot of press following the recent case of Bear Scotland Ltd v Fulton and another UKEATS/0047/13, Hertel (UK) Ltd v Woods and others UKEAT/0160/14 and Amec…
Posted on 22 November, 2014 by Ortolan
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We've got the HOTs for you (Part Two of Two) - Heads of Terms for Commercial Lettings. Getting it right.
Entering into a commercial lease exposes a tenant to a number of overheads and liabilities. Equally, from the landlord’s point of view, investment in a commercial property…
Posted on 22 November, 2014 by Ortolan
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Demanding repayment of a debt - Alternative options to issuing proceedings (Part Two)
This article follows on from the article last month on dealing with difficult debtors and the use of demand letters and statutory demands. This month we focus on winding up…
Posted on 20 October, 2014 by Ortolan
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Mediation - Is a refusal to mediate always unreasonable?
Mediation continues to grow in popularity as an alternative form of dispute resolution. More and more people are acknowledging the potential benefits of trying to achieve a…
Posted on 20 October, 2014 by Ortolan
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Equal Pay Audit Orders - Potential for public humiliation
From 1 October employers who have been held by an employment tribunal to have breached equal pay legislation may now be ordered to conduct an equal pay audit and make public…
Posted on 20 October, 2014 by Ortolan