News
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Under-funded, overloaded – must the planning system also regulate nuisance?
The Supreme Court handed down its judgment in Fearn & Others v Board of Trustees of the Tate Gallery on 1 February 2023 [2023] UKSC 4 on appeal from [2020] EWCA Civ 104. The…
Posted on 2 March, 2023 by Ortolan
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The end of “no fault” evictions
The Renters Reform Bill aims to give tenants more security and better-quality housing. Most tenancies in England will be affected save for certain purpose-built student…
Posted on 2 March, 2023 by Ortolan
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A real nuisance!
Fearn and others v Board of Tate Trustees In a well-publicised case owners of four flats, in a block adjacent to the Tate Modern’s viewing platform, complained that Tate…
Posted on 2 March, 2023 by Ortolan
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Case Review: McAllister v Commissioners for Her Majesty’s Revenue and Customs [2022] EAT 87
This case gives some comfort to employers choosing to dismiss an employee on long term sickness absence who are concerned about the risks of a disability discrimination…
Posted on 31 January, 2023 by Ortolan
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Levelling Up Funding Allocated and Bidding for Brownfield Release Funding Begins
On 18 January we discovered the list of projects to benefit from funding from Round 2 of the government’s Levelling Up Fund. Headlines covered the award of money to…
Posted on 31 January, 2023 by Ortolan
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Failure to prevent fraud law to be a prosecutable offence
Laws being proposed by the government in the Economic Crime and Corporate Transparency bill include a newly created offence of ‘failure to prevent fraud’ as well as greater…
Posted on 30 January, 2023 by Ortolan
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Calculating holiday entitlement for part-year and irregular hours workers
Issues raised by Harpur v Bazel look set to run and run with the government now issuing a consultation into the matter, with responses requested by 9 March 2023. As you…
Posted on 30 January, 2023 by Ortolan
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Menopause in the workplace - an update
The headline news relating to menopause in the workplace is that this month the government has rejected calls for the menopause to be added as a protected characteristic under…
Posted on 30 January, 2023 by Ortolan
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The right to wild camp
Much has been made of the recent case of Darwall v Dartmoor National Park Authority EWHC 35 (Ch), which was decided in January, but what did it actually find? The area in…
Posted on 30 January, 2023 by Ortolan
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When is a breach a material breach?
In RiverRock European Capital Partners LLP v Harnack
Posted on 27 January, 2023 by Ortolan
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National Planning Policy Framework Changes Consultation is Underway
On 22 December the government published proposed amendments to the National Planning Policy Framework (NPPF), and sought views on: National Development Management Policies; how…
Posted on 12 January, 2023 by Ortolan
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Changes to Flexible Working
The Government has announced a new ‘day one’ right for employees to request flexible working arrangements. This article looks at the scope of the proposed changes and…
Posted on 12 January, 2023 by Ortolan
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Constructive trusts and email
In the recent case of Hudson v Hathaway [2022] EWCA Civ 1648, the Court of Appeal has re-iterated one long-standing point and also confirmed that email correspondence can…
Posted on 12 January, 2023 by Ortolan
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Dispute Resolution: Looking Ahead to 2023 and Beyond
As we move into 2023 the landscape of dispute resolution is changing. We consider below the main developments which we consider will affect those involved in dispute…
Posted on 12 January, 2023 by Ortolan
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Various employment updates to look out for in 2023
Various employment related updates to look out for in 2023 include: Holiday Pay Following Harper Trust v Bazel the Supreme Court heard Chief Constable of the Police Service of…
Posted on 12 January, 2023 by Ortolan