When a building contract for a block of flats went wrong, leaving the new building with many defects, an architect who had no contract with the owners of the flats found himself in the firing line. When the block of…
In the light of an EAT decision, businesses should be prepared for employment tribunals to apply the Acas Code of Practice to dismissals for some other substantial reason (SOSR) where there is arguably an element of conduct or performance in…
Legislation increasing permitted development rights for business premises and the re-use of existing buildings has recently come into force. Key features include: Permitting the change of use of offices to residential. Allowing the flexible use of existing agricultural buildings. The…
A High Court case provides another reminder of the high hurdle that employees must overcome to demonstrate a repudiatory breach of contract. The court upheld a 12 month non-solicitation restrictive covenant in a senior insurance broker's contract, and awarded damages…
Landlords who seek a payment of rent in advance as a means of reducing the chance of a tenant defaulting on its liabilities under a tenancy agreement will be reassured by a Court of Appeal decision. The court held that…
The Employment Appeal Tribunal (EAT) has held that a district nurse, who was summarily dismissed on capability grounds and then reinstated following a successful appeal, with full back-pay, was constructively dismissed when she resigned over the terms of her return…
Taxpayers that actively manage their property lettings and wish to incorporate their business will welcome a recent decision in the Upper Tribunal (Tax Chamber). The Upper Tribunal determined that the term "business" in the capital gains tax (CGT) "incorporation relief"…
Following the launch of a new update service by the Disclosure and Barring Service (DBS), businesses can now carry out free online checks to find out whether there have been any changes to an employee's criminal record certificate. The DBS…
The High Court, in a case where a tenant having paid rent for a full quarter exercised a break-clause part way through the quarter, has implied a term into the lease entitling the tenant to a repayment of rent from…
A businesswoman whose business fell victim to the recession has persuaded the family court that it would be appropriate for the settlement she had agreed to pay her ex-husband to be varied. The total settlement was £450,000, made up of:…