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New EHRC guidance on menopause in the workplace

Sally Morris
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The headlines have been filled today with news of the publication of the Equality and Human Rights Commission (EHRC) new guidance for employers in relation to supporting those suffering from menopause symptoms in the workplace.  The symptoms of...

Menopause Discrimination - Navigating the Fine Line Between Support and Offence

Beverley Smith
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I came across the news headline yesterday about the ‘employee gift bag’ given out by Avanti West Coast to its female employees of menopausal age.  It apparently contained things such as a jelly baby ‘ in case you feel like biting...

Preventing Sexual Harassment in the Workplace

Chris Piggott
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The Equality and Human Rights Commission (EHRC) has indicated it will be updating its current guidance and Employment Code of Practice to reflect the forthcoming duty on employers to prevent sexual harassment in the workplace. This follows the Worker...

New ACAS Code of Practice on flexible working

Sally Morris
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Flexible working laws are due to change with effect from 6th April 2024. The new code incorporates all of the proposed changes to the legislation from April 2024, including reaffirming the 8 business grounds that can be relied on by an employer to reject an application. 

Agency workers to replace striking workers? An insight into the debate so far...

Chris Piggott
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Both the Trades Union Congress (TUC) and the Recruitment & Employment Confederation (REC) have openly been critical of the government in its plan to revoke the ban on replacing striking workers with agency workers during industrial action. This runs...

Proposed Employment Tribunal Fees and Their Implications

Chris Piggott
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Last week the Ministry of Justice (MoJ) began a consultation on the re-introduction of fees for employment tribunal claims and appeals to the EAT. How Does the Proposed Fee Structure Impact Employment Tribunal Claims and Appeals? The consultation runs from...

The Cost of Skipping Employment Checks

Chris Piggott
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Twas the day before Valentines… Back in August 2023 the Home Office announced it would be increasing the penalties applied to employers who employ individuals who do not have the appropriate immigration permission in the UK. No date for...

Maternity discrimination - are you leaving employees in the dark?

Darryll Thomas
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Employees on maternity leave can often find themselves absent from the workplace for a significant period of time with many taking the full one year entitlement. In addition, as such employees continue to accrue annual leave in this time, many will bolt such...

In or Out: Is flexible working becoming litigious?

Chris Piggott
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As the call for return to office working increases in demand, a recent judgment has held that a senior employee could not expect to work from home full time. So, can an employer deny flexible working requests if the role requires some office attendance? The...

New transparency rules to keep companies squeaky clean

Matthew Allen
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Company directors, people with significant control of a company, or anyone who files on behalf of a company, must ensure they comply with new transparency rules from March 2024.  Greater scrutiny of information lies at the heart of the new legislation,...

How much compensation will I receive for personal injury?

Lucy Allen
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In successful claims for personal injury, the person bringing the claim (the Claimant) is awarded an amount of compensation, also referred to as damages. The aim of compensation in personal injury is to put the Claimant back in the position that they would...

Streamlining Justice: Registering Foreign Judgments in England

Rebecca Rogers
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In an era marked by global interactions, the process of registering foreign judgments in England serves as a pivotal mechanism for cross-border legal enforcement. Governed by the Administration of Justice Act 1920 and, in some instances, the Foreign...

Lasting Powers of Attorney: Do you know who will look after your affairs if you are no longer able to?

Katie Riley
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It is a common misconception that your next of kin will be able to manage your affairs should you become unable to. A Lasting Power of Attorney (LPA) is the legal document that you need to make, whilst you have mental capacity, which enables you to...

Changes to Flexible Working Requests

Beverley Smith
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Changes to Flexible Working Requests The Government has been talking about making changes to flexible working for a couple of years now but has finally confirmed that from 6 April 2024, employees will have the right to request flexible working from day one...

2023 Top 5 Employment Law Decisions- Just In Case You've Missed Them

Chris Piggott
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Holiday pay Following the Supreme Court ruling in the case of Harper v Brazil, the calculation of holiday pay for regular and part year workers became more complicated and expensive for employers. The government is overruling the decision and proposes to...

Route to the door is different for directors

Samuel Pedley
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When Suella Braverman was removed from her cabinet post she decided to take a defiant stance, with an open letter criticising PM Rishi Sunak for reneging on promises and calling for a leadership election.  It was a defiant, headline-grabbing move and...

How the cost of living is focusing attention on anti-competitive practices

Phil Hunt
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The Competition and Markets Authority (CMA) is seeking to protect supermarket shoppers by securing agreements from Sainsbury’s and Asda to stop using anti-competitive land agreements.  On 13 June 2023, the CMA published letters that it sent to...

What are the potential dangers of 'overriding interests' affecting my property?

Tom Bell
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Although a registered title at the Land Registry should be a clear record of all rights and other matters affecting land, there continue to be other adverse interests which may affect property. These are known as ‘overriding interests’ and could...

Delay to implementation of Biodiversity Net Gain rules

Tom Bell
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At the end of September, the Government set out its revised timetable for implementing its much-anticipated requirements for ensuring new developments deliver a 10% biodiversity net gain (“BNG”). In particular the Government announced that the...

Boundary problems in property transactions

Lauren Collins
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As part of our series of blogs around issues relating to the agriculture and farming sector, our latest piece is penned by Lauren Collins , a paralegal in our Agriculture and Rural Affairs department. To round off September, Lauren covers the importance...

Extra capacity for "shovel ready" projects due to National Grid's Five Point Plan

Phil Hunt
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National Grid’s five-point plan was launched on 27 February 2023 with the aim of “fundamentally reforming the connections process to make it fit for the future”, including accelerating the connection dates for energy storage projects. ...

Watch out for rights of way!

Jack Cook
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What is a right of way? A right of way is a right for a person to pass over land by foot or vehicle. A right of way could be public so that anyone could use it or private so that it is for the benefit of specific people or land. If you have bought or sold...

New guidance on diverting or extinguishing public rights of way

Hannah Taylor
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DEFRA has issued new guidance which should be taken into account by local authorities when considering applications for the diversion or extinguishment of public rights of way. The new guidance applies when the public right of way passes through the garden...

Challenges of new divorce process

Beth Tutchener-Ellis
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The highs and lows of blame-free digital divorce  Divorce applications rose by 20 per cent in the year following the introduction of no-fault divorce, according to figures from the Ministry for Justice. But while the headline process may be easier,...

Holiday pay calculations to change

Sally Morris
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Managers on the look-out for changes in employment law following Brexit need to prepare for new holiday entitlement and pay calculations. The Retained EU Law (Revocation and Reform) Act 2023 became law in June, setting out how EU-based laws are to be...

What to Know When Buying a New Build Property in the UK

Danielle Fenn
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Buying a new build property in the UK can be an exciting venture, offering modern designs, energy efficiency, and the opportunity to be the first owner. However, purchasing a new build comes with its own set of considerations and unique aspects that buyers...

Child with a different surname - Can I take them abroad?

Kennedy Langley
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When it comes to travelling abroad with a child, parents often have questions about the legal implications, especially if the child has a different surname. In England and Wales, parental rights and responsibilities are primarily governed by the Children Act...

Domestic Abuse - Controlling Coercive Behaviour

Kennedy Langley
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Domestic abuse isn’t always physical. Coercive and controlling behaviours a is a deliberate and calculated pattern of behaviour and psychological abuse designed to isolate, manipulate and terrorise a victim. Recognising Coercive and Controlling...

Delay in Cancer Treatment

David Lydon
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The diagnosis of cancer is one of the moments in life we all dread and hope never to face as the news is not only devastating for the patient but also their families. This can be even more distressing if there has been a delay in diagnosis or treatment as...

Navigating Energy Rates for Commercial Properties

Lucy George
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As the world grapples with the challenges of increasing prices for energy and climate change, the importance of sustainable energy practices has never been more apparent. For commercial property owners and operators in the UK, navigating energy rates can be...

Can I alter my property if it is in a Conservation Area?

Javed Ahmed
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Conservation areas play a vital role in preserving the architectural and historical character of certain areas in the UK. If you are a property owner within a conservation area, you may wonder about the restrictions and regulations governing alterations and...

How harassment hits both ways

Darryll Thomas
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Status does not confer special protection when it comes to bullying or sexual harassment Bullying has been hitting the headlines in recent weeks, demonstrating that no matter how high you fly, wings can be burned.    It’s behaviour that...

Watch out Ed, the robots are coming....

Matthew Allen
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Ed Sheeran has been defending himself in court against claims that he copied Marvin Gaye’s classic Let’s Get it On for his 2014 hit I’m thinking out loud .  And while the songwriter had a successful outcome, copyright experts say...

Rent-to-rent landlords cannot duck responsibilities

Stephanie Rushfirth
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The ‘rent-to-rent’ business model has seen a huge increase in recent years, reflecting the trend for businesses to take over utilisation of assets, like Uber and Airbnb.  But for landlords, it has given rise to confusion over the extent of...

How to identify your working status

Darryll Thomas
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Employed, Self-Employed and Workers - How to identify your working status As someone who works in the United Kingdom, understanding your employment status is essential, as it determines your legal rights, tax obligations, and benefits. In the...

Can a UK employee work remotely in another country?

Darryll Thomas
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With the rise of remote work opportunities and the desire for more flexible lifestyles, many UK employees are considering the possibility of working remotely from another country, particularly during the summer months. However, before embarking on such an...

What happens when a parent breaches a Court Order?

Anna Robinson
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When a court issues an order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other...

Accidents on construction sites

Lauren Goode
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According to the Labour Force Survey 2021/22, there were around 59,000 cases of non-fatal work-related injuries within the construction industry between 2021 and 2022.   Common accidents may involve: Falling from a height Falling objects Lifting...

Mitigating cost in challenging times

Phil Hunt
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Many will have been watching the Government’s consultation on the future of business rates and hoping that any changes made will support the growth of businesses.  There was a full revaluation of business rates on 1 April 2023, the first since...

What to do if you have suffered an injury from an accident in a public place

Lauren Goode
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Occasionally, we all slip or trip up whilst walking on a pavement, a road or virtually anywhere. Usually this is fine. You may be embarrassed but you get up, dust off your clothes and move on. However, sometimes, it isn’t that simple. It may be that...

Does common law marriage exist in the UK? What you need to know.

Beth Tutchener-Ellis
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Common law marriage is a concept that refers to a marriage-like relationship between two people who live together for a certain period of time but without actually getting married or registering their partnership formally. This type of arrangement is...

National Pet Month - Have you got a pet nup in place?

Kennedy Langley
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National Pet Month runs from April 1 - May 1 2023, and aims to promote responsible pet ownership. As a nation, we love our pets, and with more than half of households in the UK owning at least one pet, pets are a huge part of our lives for many of...

Public Rights of Way - a U-turn decision

Hannah Taylor
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Almost 12 months ago, I penned a short blog here on our website which was essentially to alert farmers and landowners to changes around Public Rights of Way (PROW) – a complex and often confused area of legislation, especially in rural communities. ...

Chancellor sets out his pothole filling vision

Clare Lang
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This year’s Spring statement saw Chancellor Jeremy Hunt in confident mood with jokes aplenty and a promise of bounty in his bucket to fill the holes in the economy. The Chancellor set the scene for his hour-long delivery by opening with the news...

The Future of Energy Efficiency - Landlords Beware

Phil Hunt
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If you are a landlord, you are probably already aware that in order to grant a lease to a tenant the property must have an “Energy Performance Certificate” (‘EPC’) showing that the building has an energy efficiency rating of at least...

What you need to know before hiring seasonal workers

Sally Morris
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Seasonal agricultural work - What you need to know before hiring seasonal workers Seasonal agricultural work is an important part of the UK's farming industry. It provides an opportunity for farmers to hire workers for a short period of time, like...

How should employers be supporting workers with endometriosis?

Sally Morris
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Endometriosis Month - How should employers be supporting workers with endometriosis? Endometriosis is a chronic and debilitating condition that affects approximately 1 in 10 women in the UK. March is Endometriosis Action Month, which aims to raise...

Eight Things to Remember When You're Selling a House

Claire Ross
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Conveyancing can be a long and stressful process, but the work of conveyancers helps to reduce this significantly by taking on many of the more complex tasks. Selling a house can be daunting, and many legal considerations need to be taken into account to...

Eight Things to Remember When You're Buying a House

Claire Ross
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Buying a house is one of the most significant investments that most people make in their lifetime. Whether you are a first-time buyer or an experienced property investor, the process of buying a house can be daunting and complex. In addition to finding the...

Be authentic - but not in the workplace

Darryll Thomas
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A crack-down by British Airways on social media posting by staff has highlighted the challenge for employers in keeping policies up to date in a fast-moving digital environment.   The new guidance from the airline bans staff from posting when they...

I've suffered an accident at work - What should I do?

Lauren Goode
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Being injured in an accident can cause stress and worry, it only gets more daunting if the accident has taken place at work. It can be overwhelming on what to do next as you struggle physically and possibly financially due to your sustained injuries....

What you need to know about medical negligence and making a legal claim

David Lydon
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If you or a loved one have experienced medical negligence, you may feel confused, overwhelmed, and unsure of what to do next. You might not understand exactly what medical negligence is or how to begin making a claim. This article will provide a brief...

Director duties and considerations - key areas to keep in mind

Samuel Pedley
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The key piece of legislation around director duties is the Companies Act 2006. The Act, which covers a host of legislative areas, imposes the burden of various general duties on directors of UK limited companies. Here in our latest website blog, I want to...

Leases - What to Look Out For

Phil Hunt
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The process of taking a commercial lease can be overwhelming, especially for first time tenants.  Some may be at a loss as to what they should be looking out for, both when the general content of the lease is being discussed with the agent and when the...

A loved one has died and I have their Will

Giles Scott
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Do I need to instruct a Solicitor to administer the wishes of the deceased? Not necessarily. However it always pays to take professional advice to ensure you are correctly dealing with the terms of the will and more importantly you are taking advantage of...

What do I need to think about in regard to Inheritance Tax Planning?

Giles Scott
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When it comes to Inheritance planning there are a number of approaches you can take, but you first need to establish a starting point which is what is your net worth and the type of assets that comprise your asset base.  Another important factor is who...

When should I put a Power of Attorney in place? Do I need one?

Giles Scott
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A Power of Attorney or Lasting Power of Attorney as they are known, is incredibly important and can only be entered into whilst you still have the metal capacity to do so.  Should you lose your capacity through illness or an accident, it will be too...

Why should I write a Will and what happens if I die without one?

Giles Scott
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If you die without leaving a valid will, your estate (being your property, money and personal possessions) will be divided up in accordance with the intestacy rules.  Dying without a Will is known as dying “intestate” which means without...

Office of Tax Simplification (OTS)

Giles Scott
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Those of us with an interest in tax, or a concern for the impact of tax on our estate, will remember a report published by the OTS a few years ago on suggested changes to Inheritance Tax (IHT). I will not repeat the terms of that report here, but suffice to...

Changes to Capital Gains Tax in the 2022 Autumn Statement

Giles Scott
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It can be difficult to stay up to date on the current tax situation given the number of statements and “mini-budgets” that have occurred recently, all of which have changed rates and allowances. Let us hope that things settle down into something...

Increase in the Minimum Age to enter Marriage or a Civil Partnership

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Changes to the laws on Marriage and Civil Partnerships are due to be implemented in England and Wales on Monday 27 February 2023. After receiving Royal Assent in April 2022, the Marriage and Civil Partnership (Minimum Age) Act 2022 ensures that 16- to...

Generate Energy and Income

Phil Hunt
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If you own an underused brownfield site which you do not know what to do with, why not consider turning your property into an energy generation and storage facility? The energy crisis is all over the news, and the recent mini-budget and resulting turmoil...

What is a prepack?

Clare Lang
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Clare Lang heads up mfg’s Corporate Division which deals with M&A and other corporate matters; and is also part of the firm’s Restructuring and Insolvency Team, which has been set up across the firm’s teams. In this note, Clare ...

The Rights of Fathers in relation to unborn children

Kennedy Langley
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Parental Responsibility and Unborn Children In the UK, an unborn foetus does not have any rights and an unborn baby is not recognised as a ‘legal person’ until birth. This makes attaching parental rights to unborn children difficult. Due to the...

Public Rights of Way - an update for landowners and occupiers

Hannah Taylor
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The issue of Public Rights of Way (PROW) has, and always will be, a hugely complex area. Highlighted on what is known as the Definitive Map and Statement (DMS), which was produced by local authorities following the National Parks and Access to the...

When can an insolvency practitioner investigate a company's transactions?

Samuel Pedley
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There are several “reviewable transactions” which following a company’s insolvency, the insolvency practitioner can investigate and look to set aside which include but are not limited to the following:- Preference payments; Transactions...

The role of a Professional Deputy

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Explained - Court of Protection and Deputyship Here in the latest of our Q&A series, Cheryl Styles , a Legal Casework Manager within our Private Client Department, takes time to help explain the role of the Court of Protection, the concept of...

DIY Wills and Probate: what are the after effects?

Lucy Allen
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The UK Wills, Probate and Trusts Market Report 2022, produced by IRN Research highlighted a rise in the number of contentious probate, wills, and trusts. The report confirmed that there are now 646 law firms in England and Wales offering advice on...

Hybrid working - what you really need to know

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It’s two years since the world was shaken and we saw the start of the COVID pandemic which gripped all parts of our daily life. Now well and truly into 2022, we are seeing infection rates falling following a sustained and successful vaccination...

End of Coronavirus Restrictions on Insolvency Procedures

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Current restrictions on insolvency procedures are due to come to an end on 31 March 2022. Prior to the introduction of the Corporate Insolvency and Governance Act 2020 you could present a winding up petition against a company for an undisputed debt of over...

Mental Capacity Act: Small Payments Scheme

Lucy Allen
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Proposals for third party access to limited funds belonging to individuals who lack mental capacity: The Ministry of Justice has launched a consultation, proposing to allow third party access to funds belonging to individuals who lack mental capacity,...

Making Loans to Family and Friends

Melinda Rice
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There is a saying that you shouldn’t loan money to your friends, and there are times when this could be extended to loaning money to your family.  What happens to that loan after you pass away? If significant amounts of money are being loaned,...

Can a privately owned way be a 'road' for the purposes of the Traffic Regulation Act 1984?

Hannah Taylor
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According to the High Court in the recent case of Bowen and others v Isle of Wight Council (Rev1) [2021] EWHC 3254, yes it can .   The highway status of privately owned accessways can be of vital importance for a number of reasons.  In this...

The regulatory importance of the UK's energy sector

Clare Regan
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Underlined by the fact that almost 50% of the UK’s electricity now comes from renewable sources, the energy sector is moving at rapid pace - with advances in technology and renewables prompting the need for scrupulous regulatory requirements. With a...

Contentious Probate - Mediation

Andrew Chandler
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The potential benefits of resolving even the most heated of disputes through effective communication are obvious but often under-utilised. The litigation of disputes is inherently contentious and can have potentially disastrous financial consequences for...

November 2021 Employment Law Bulletin

Sally Morris
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November 2021 Employment Law Bulletin Welcome to our Employment Law Bulletin for November 2021. This month’s bulletin focuses on a number of key developments and of course the ever changing landscape in relation to COVID vaccinations. Increase in...

Introduction of the Commercial Rent (Coronavirus) Bill

Rachel Chambers
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The Commercial Rent (Coronavirus) Bill – what landlords and tenants need to know It has been reported that commercial property landlords are owed more than £7 billion in rent arrears which was built up during the coronavirus pandemic. To...

Contentious Probate update: recoverability of success fees

Victoria Wall
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Contentious Probate update: recoverability of success fees – what’s happened? The Court of Appeal has confirmed in the recent case of Hirachand v Hirachand [2021] EWCA Civ 1498 that a person bringing a claim under the Inheritance (Provision...

Commercial landlords and electric car charging

Lucy George
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The recent fuel crisis here in the UK has created a massive surge in interest for electric cars and with increasing demand, now is the time for commercial landlords to consider their opportunities to capitalise on rising demand for EV charging points. ...

Possession - an update on notice periods

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Following the enactment of the Coronavirus Act 2020, the Government extended the required notice period when seeking possession of a property. You can evict a tenant who has an assured shorthold tenancy by way of what is known as a Section 21 notice or...

Can children receive the COVID-19 vaccination without parental consent?

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With the Government announcing its autumn/winter plan to control the on-going Covid 19 pandemic, it has been announced that vaccinations will be offered to 12–15-year-olds in England. Chief medical officer Professor Chris Whitty has confirmed that the...