Legal insights

The findings of the Supreme Court in UKI (Kingsway) Limited v Westminster City Council [2018] UK SC67 have cast some significant doubt on what were previously thought to be well-established…

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will come into effect from 1 July 2020.  All private landlords will be required to: Ensure that the…

If you live or work in London then you are likely to be more than six foot from a piece of telecoms equipment.  We are used to looking out of…

In recent years there has been an increasing trend for property owners and occupiers to seek injunctions against persons unknown to restrain the actions of trespassers and protestors.  These are…

Whether or not an automated email signature was legally binding was the question that concerned the County Court in the recent case of Neocleous v Rees [2019] EWHC 2462 (Ch). …

The SRA is again under fire from the SDT for fundamental flaws in its investigation which resulted in the Tribunal finding no case to answer against solicitor Nabeel Sheikh on…

Last week saw the launch of ‘Zero Hours Justice’, a campaign that aims to ban the use of zero-hour contracts. It is being bankrolled by Julian Richer, of Richer Sounds,…

The Government has now started the process under the Housing & Planning Act 2016 for bringing into force the requirement for all Landlords to carry out electrical safety checks.  From…

At present there is a growth in regulatory activity concerning ideas of environmental, social and corporate change, which are having an impact on the residential property market.  The idea of…

The Government gave their response to the consultation regarding Code Operators’ ability to seek Code Rights 10 October 2019.  This has resulted in the Telecommunications Infrastructure (Leasehold Property) Bill being…

The Draft Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (Electrical Safety Regulations) was laid before Parliament on 13 January 2020, under the power granted to the…

Complaints of sexual harassment are often complicated and tricky for employers to handle. The potential risks can be high: to the individuals involved and the organisation and its reputation. Properly…

An Employment Tribunal in Norwich has determined that veganism is a “philosophical belief” which should be protected by the Equality Act 2010. An interim hearing in a claim which is…

Rebecca Ireland, Employment Partner, comments on a news story in People Management about a racial harassment case and the use of Whatsapp in the workplace. You can read the full…

The BBC interviewed the director of a company that offers staff ‘hangover days’, where staff can work from home after a big midweek drinking session.  What are the rights and…

A recent employment case led by gunnercooke partners Jonathan Golden and Carol L’Heveder working respectively on employment and regulatory issues has highlighted the real challenges faced by senior financial executives…

Employers beware: your company may be liable for the actions of its employees at this year’s Christmas party To what extent is a company vicariously liable for the actions of…

The extension of the Senior Manager and Certification Regime (SMCR) comes into effect on 9 December 2019 and regulated firms irrespective of size will have identified their Senior Managers and…

If you haven’t already watched Simon Horsfield’s webinar: “Cutting HR Costs Without Cutting Jobs”, you can do so by clicking here. If you still need to make redundancies having explored…

With the 12 December 2019 Election fast approaching, it would be remiss of us not to look at what the main political parties, Conservative and Labour, are promising in relation…

In many SMEs and family owned businesses, there will usually be a small number of shareholders who also happen to be directors and/or employees of the company. You know how it…

Dispute Resolution and Employment Law Partner Sarah Armstrong has featured in People Management magazine this week giving comment on a case involving a Retailer discriminating against an employee by insisting…

gunnercooke Partners Alastair Wilson and Menna Bowen summarise the case of Andreas Rialas and the lessons that can be learned on the rules relating to the transfer of assets abroad.…

The Landscape of criminal prosecutions for crimes involving dishonesty was fundamentally reshaped by the case of Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67, which led the Supreme Court…

Dispute Resolution & Employment Law Partner Sarah Armstrong has featured in People Management magazine sharing her expertise on a recent case in which a Financial Advisor was unfairly dismissed after being ‘blackmailed’ to sign…

According to a report by the BBC, Facebook’s Libra cryptocurrency faces yet another challenge as the G7 group have warned it must not be launched until security and safety provisions…

gunnercooke restructuring and insolvency partner, Alyson Reilly, and Nora Wannagat, a pupil at 9 Stone Buildings, have published an article in the autumn edition of Recovery magazine about a recent…

The prevailing UK political climate brings to mind the apocryphal Chinese curse about living in “interesting times” and it has been easy to overlook some recent developments which could have…

New research published on Monday has found that: Around 1 in 20 workers do not receive their legal holiday entitlement Almost 1 in 10 workers do not receive a (now…

Sacha Sokhi, solicitor at gunnercooke, was interviewed by People Management about a tribunal that found veganism was a lifestyle choice rather than a protected characteristic. She hinted that there could…

Employment Law Expert, Chris Bushnell, comments on the breaking news that more than one in ten retail workers surveyed have experienced unwanted sexual touching at work A survey of retail…

The Royal Institution of Chartered Surveyors (RICS) has published a draft guidance note, Measurement of Land for Development and Planning Purposes (1st edition), and is seeking comments on it. The…

The recent experience of a number of Deliveroo customers (especially in London, but elsewhere too) serves to illustrate the importance of customers ensuring that they use different passwords for their…

The ICO has said it intends to fine British Airways £183 million and the Marriott chain £99 million for data breaches each company had themselves notified to the Commissioner in compliance with the…

Two reports out this week have found repeated instances of bullying and harassment in Parliament and amongst staff working for some MPs or political parties. The news that bullying and…

What are the legal consequences of suspending an employee? In particular, in what circumstances will an employer breach the implied term of trust and confidence? The issue has been considered…

Acas has published a new Guidance on Age Discrimination to help employers manage an age diverse workforce, prevent unfair treatment at work, and eradicate bias against older and younger workers.…

In Frudd v Partington Group the employees worked at a caravan site and were expected to be on-call after their shifts until 8am the following morning. They claimed this was…

The Employment Appeal Tribunal has recently considered whether an employer is acting unfairly if it dismisses an employee without holding an investigation meeting. In Radia v Jeffries International, Mr Radia…

“For LVMH in their jewellery that uses diamonds, being able to prove that those diamonds are conflict-free and haven’t been used in some sort of terrorist funding is really important”……

Facebook has revealed its plans for a new digital currency which it says will allow people to make instant and almost free money transfers to people and businesses anywhere in…

If an employer engages apprenticeships without being properly advised, the apprentice will probably have far better rights than an employee. However, many employers who engage apprentices are completely unaware of…

Many business relationships break down and disputes arise not because of diametrically opposed views on the future path of the business or the project or venture, but because people become…

Tim Heywood, Data Protection expert at gunnercooke, has commented on the current status of GDPR in the UK and Europe: “It’s a whole year since the GDPR came into force.  Rumour…

The Court of Appeal has reserved its decision in a crucial case in trade union legislation. Kostal UK Ltd v Dunkley & Others concerns collective bargaining and the use of…

Whatsapp Messenger is a highly trusted product used by something like 1.5billion consumers Worldwide. Its end to end encryption protocol provides users with a high level of assurance about the…

In this webinar, Costs & Funding Partner Tom Blackburn explains how you can Increase your firm’s profits by slightly changing your litigation retainers. Tom’s simple, easy and straightforward advice can…

This week is Mental Health Awareness Week.  Here, gunnercooke Partner and Coach, Hannah Beko, suggests starting the day by taking some time to take care of ourselves in mind and…

Civil Liberties groups and security experts have voiced concerns over the EU’s proposed new super-database.  The EU has approved the creation of the gigantic database which will aggregate the identity…

According to a recent Health and Safety Executive (HSE) Labour Force Survey, published in October 2018, 15.4 million working days were lost last year due to work-related stress, depression or…

This webinar includes: • The Nature of Disputes • Managing Objectives, Emotions and Influence • The Five Phases of Negotiated Settlement • Benefits of Direct and Mediated Negotiation • Picking…

Tenants and landlords who are party to Landlord and Tenant Act 1954 (the Act) tenancies should sit up and take note of recent landmark Supreme Court decision, S Franses Ltd…

The Court of Appeal has allowed the appeal of a group of consumers against the Competition Appeal Tribunal’s refusal to certify their collective proceedings against MasterCard which it held was…

Service of notices has always been a particularly litigious area, with best practice to instruct a professional to send the notice for you, not least because it is then covered…

It is a fact of life that mistakes happen when entering commercial agreements. Time is usually tight. Parties want to ‘get the deal done’ and profit from it. Without the…

In a recent case, the Court of Appeal has refused to release or modify restrictive covenants where a development was knowingly carried out in breach of the covenants. The public…

An “agreement for lease”. From the name, a layman might assume that this document is the domain of a property lawyer, but as every wise property lawyer knows, it makes…

Landlords will welcome the ruling from Mr Justice Smith that Brexit does not operate to frustrate the terms of a lease. In the recently heard case concerning the European Medicines…

Most clients would expect that if the property burns down, the sale goes off and the buyer can walk away. I hope most lawyers would know that under the standard…

The eagerly awaited High Court decision on the case being brought by the residents of the Neo Bankside Apartment Block against the Tate Modern Gallery has determined that the viewing…

Could your password get hacked? It seems like every week, another company or public service organisation is in the headlines, with details of customer accounts or payment information being stolen…

Are you being vigilant?   In the modern connected age, owners of small businesses need to be vigilant to the constantly growing number of threats to their livelihood. Organised criminals…

In the complex mix of information used by your organisation, there is one type of data that is highly regulated: personal data. The fact that is regulated means you have to…

One of the key challenges of data security relates to how we communicate electronically; namely email.  How can we possibly keep the data we send by email safe and secure…

With the ongoing increase in global digitalisation, very few industries (If any) will escape the impacts of the increasingly digitalized world we inhabit. New technologies continue to emerge creating a…

Housing Complaints Resolution Service: What’s it all about? Given the current political climate it isn’t at all surprising that the government’s latest plans to “create a housing market that works…

Property Dispute Resolution Partner, Claire-Elaine Arthurs, has produced a Four Part Series exploring the common issues that arise with Commercial Property Leases. She considers how a proactive approach can manage risks,…

New Commercial Service Charges Code The RICS have issued a new Professional Statement entitled “Service charges in commercial property (1st Edition)” (New Code), which comes into force on 1 April…

An estimated 20,000 Google workers took part in a global walkout last week in protest against claims of sexual harassment, gender inequality and racism at the company. This is the first…

Developers and Investors will be particularly interested to note that, the Ministry of Housing, Communities and Local Government launched a consultation paper, Implementing reforms to the leasehold system in England…

A little too presumptuous? Abdulali v Finnegan & another [2018] EWHC 1806 (Ch) One of the key practical features that separates insolvency litigation from most other legal disputes is the…

Are the scales tipping in the battle against harassment at work?   The allegations of harassment against Ted Baker founder Ray Kelvin are the latest in a series of claims…

Séamas Gray and Joseph Curl look at the most significant decision on preference for 30 years On 17 July 2018, Mr Justice Birss handed down his appellate judgment in the…

An estimated 20,000 Google workers took part in a global walkout in protest against claims of sexual harassment, gender inequality and racism at the company. This is the first time…

A report earlier this summer claimed that the government is failing to protect millions of UK workers from age discrimination. As around a third of UK workers will be over…

Is Brexit a cause for Frustration (of Leases)? In a recent twist in the Brexit Saga, the European Medicines Agency (EMA) has been forced into a dispute with the Landlord…

The Homes (Fitness for Human Habitation) Act 2018 On 20 December 2018, the Homes (Fitness for Human Habitation) Bill was given royal assent. The Act amends the Landlord and Tenant…

Malicious Prosecution – The Development of this Tort in Civil Proceedings The Supreme Court decision in Willers v Joyce and another [2016] UKSC 43&44 began the revival of the tort…

Settlement Agreements: When and how to use them properly Hosted by Angela Brumpton, Employment Law Partner at gunnercooke Angela is a highly experienced employment lawyer covering the full spectrum of…

Employers beware: your company may be liable for the actions of its employees at this year’s Christmas party  To what extent is a company vicariously liable for the actions of…

Relevance of motive in 1954 Act opposed renewals On 5th December 2018, the Supreme Court handed down judgement in the case of S Franses Limited (Appellant) v The Cavendish Hotel…

Japanese knotweed: a knotty problem Whether you are managing, developing, buying or selling commercial property, Japanese knotweed can be a real problem.  This invasive species is costly to remove both…

When is it ok to get it wrong? The context of this article is firmly in the peculiar world of the Landlord and Tenant Act 1954, but the principle can…

Surface development and minerals sterilisation claims   Leading up to the Land Registration Act 2002 there was a school of thought that minerals interests were irrelevant and within 15 years…

Is Right to Manage worth the Effort? As the number of people in privately rented residential accommodation increases, the ability of tenants to manage their homes in a way that…

Do you know who your Landlord is? In many cases, residential tenants have little to do with their landlords for extended periods of time. During that time landlords may sell…

New Commercial Service Charges Code  The RICS have issued a new Professional Statement entitled “Service charges in commercial property (1st Edition)” (New Code), which comes into force on 1 April…

Empty Properties May Become Even More Expensive For Landlords On 1 November 2018 the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 received Royal Assent. It…

Anti-Competitive Leases Don’t Fly On 25 October 2018 Heathrow airport recieved an order to pay £1.6m fine. This was for restricting competition on parking prices in a lease with an…

MEES Regulations 2015 The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduced two key measures with a view to improving the energy efficiency of private rented properties.…

Hosted by Rosie Burbidge, Intellectual Property Partner at gunnercooke Rosie’s experience as an intellectual property litigator and strategist means that she has experience of the many different intellectual property issues which…

From 1 March 2019 it is proposed that the window to file a Stamp Duty Land Tax (“SDLT”) return, and pay any SDLT due, will reduce from 30 days to…

Under the current Electronic Communications Code (Code) operators wishing to provide upgrades to tenants have to obtain formal permission from the landowner in the form of an access agreement or…

An estimated 20,000 Google workers took part in a global walkout last week in protest against claims of sexual harassment, gender inequality and racism at the company. This is the first…

Property Dispute Resolution Partner, Claire-Elaine Arthurs, will be presenting a Four Part Series exploring the common issues that arise with Commercial Property Leases. She will be considering how a proactive approach…

By Property Litigation Partner, Claire-Elaine Arthurs Most letting agents, in their terms and conditions, will put the responsibility for licensing a property firmly with the Landlord. Having included that clause,…

Sexual harassment has hit the headlines again after Peter Hain outed Sir Philip Green as the businessman who obtained an injunction preventing The Telegraph reporting allegations of sexual harassment against…

By Employment Law Expert, Thalis Vlachos Sexual harassment has been in the news more or less constantly over the past year. I have already written a couple of blogs on…

Work-Related Stress: the risks for employers and how to minimise them Hosted by Emma Tegerdine, Employment Law Partner at gunnercooke work-related stress Work-related stress is on the increase, and is now the…

What is blockchain? Blockchain is essentially any form of ‘decentralised’ database. Unlike traditional databases where there is a single ‘true’ version which is stored centrally, in a blockchain system ‘true’…

Properties qualifying as Houses in Multiple Occupation (HMOs) have long presented a potential headache for landlords. Originally, the requirement for an HMO licence only applied to properties that comprised at…

In the recent case of Vastint Leeds BV -v- Persons Unknown Entering or Remaining Without Consent of the Claimant on Land and Buildings Comprising Part of the Development Site Known as…

Developers and Investors will be particularly interested to note that, the Ministry of Housing, Communities and Local Government launched a consultation paper, Implementing reforms to the leasehold system in England…

5 Top Tips Relating to Financially Troubled Businesses Hosted by Restructuring & Insolvency Partner, Jeremy Goldring Jeremy’s experience spans the whole spectrum of the Restructuring & Insolvency business environment, across…

Professional Negligence Update It is an unpleasant reality that solicitors operate in a more litigious environment than ever before and that claims are a growing area of risk for firms. With…

Is artificial intelligence a friend or a foe to the legal profession? Written by Thalis Vlachos, Employment Law Partner at gunnercooke. Some argue artificial intelligence (AI) is a threat and claim that…

Property Dispute Resolution Partner, Claire-Elaine Arthurs, will be presenting a Four Part Series exploring the common issues that arise with Commercial Property Leases. She will be considering how a proactive…

Below is a copy of the latest virtual round table series publication by IR Global featuring Dispute Resolution and Employment Law Partner, Shilpen Savani The #MeToo movement officially began in October 2017 as…

Hosted by Employment Law Partner, Rebecca Davidson The modern workplace is rapidly changing, and many employees are striving to find a different way to work to achieve a better work-life…

Hosted by Employment Law Partner & Workplace Mediator, Rebecca Ireland Negative conflict can be highly destructive in any team, but when in a senior leadership team it can have a material…

In a previous blog, Thalis examined the law relating to sexual harassment and the hurdles a complainant needs to overcome when bringing a claim. In this blog, he looks at…

Property Dispute Resolution Partner, Claire-Elaine Arthurs, will be presenting a Four Part Series exploring the common issues that arise with Commercial Property Leases. She will be considering how a proactive…

A report earlier this summer claimed that the government is failing to protect millions of UK workers from age discrimination. Around a third of UK workers will be over the…

gunnercooke has recently acted on behalf of the successful Respondents in an appellate decision (the Respondents winning at first instance) on insolvency preference delivered on 17 July. Given the dearth…

In the latest in a series of gig economy cases, the Supreme Court has decided that a plumber described in his contract as “self-employed” was a “worker” and therefore entitled…

The Court of Appeal decision in Kilraine v London Borough of Wandsworth has clarified whether an allegation can amount to “information” for the purposes of the whistleblowing legislation.  It takes bravery…

On 21 June 2018, new regulations were passed setting out the process for the approval of new Client Money Protection (CMP) Schemes. Hot on their heels, parliament is now considering…

The Power of Part 36 Offers Part 36 offers are vital tools for Dispute Resolution. When used effectively, they can result in early settlement and significant cost savings. The intention…

It has never been more important for employers to develop best practice to ensure the safety of their employees and to develop a coherent policy for what to do in…

The recent claim against the AA by its former executive chairman for £225m looks certain to raise interesting issues relating to sacked employees’ bonus and long-term incentive share entitlements. In this…

Hosted by Business Crime Partner, Richard Cannon What does the introduction of the Criminal Finances Act 2017 mean for businesses? This key legislation alters the financial crime landscape and will…

Thanks to campaigns such as #MeToo and the exposure of Harvey Weinstein, sexual harassment in the workplace is now a very hot and live topic. As a result, a spate…

House of Fraser proposes a CVA In June 2018 House of Fraser became the latest multi-site retailer to propose a CVA. It follows the recent CVAs of ToysRus, Mothercare, Carpetright,…

EMI share option schemes – an update on the law Enterprise Management Incentive (EMI) share option schemes allow certain companies to grant tax-advantaged share options to their key employees. They…

Written by Property Litigation Partner, Tom Seabrook Some years ago, as a fresh faced young associate, I wrote an article called ‘Unilateral Notices; Exploding the Myths’ that took the internet by…

Hosted by Pensions Partner, Suresh Bhatt Professional Trustees have been an established part of the pensions industry for a number of decades now. However, the growth in the number of…

Workplace Pensions – what do employers need to contribute? From 6 April 2018, the total employer contribution rate to workplace pensions will increase from 3% to 5%, with the minimum employer…

As you may be aware, the government has embarked on a series of reforms with a view to simplifying, clarifying and tightening the tax treatment of termination payments to employees.…

People Hour Webinar: do’s and don’ts when tackling sensitive workplace issues and defending a disciplinary Hosted by Employment Partner, Thalis Vlachos Tackling a disciplinary issue is never a pleasant experience,…

By Employment and Privacy Law Partner, Carl Atkinson During our countdown we have outlined the initial steps businesses can take to establish a secure foundation for their GDPR compliance programme. All…

Written by Property Partner, Tom Seabrook Last year the government announced plans to reform residential leasehold ownership in England and Wales. This was in no doubt driven in part by…

How Young Lawyers Can Build New Business Skills at an Early Age… and Why It Matters Written by Anna Beaumont, CEO of gunnercooke, on behalf of Lawyer Monthly Magazine Anna shares…

Litigation Tactics: myths, legends and fairy tales series by Partner, Tom Blackburn Imagine we live in a post-apocalyptic world. Access to justice is being denied to those that can’t afford…

Below is a copy of the latest virtual series publication published by IR Global featuring Dispute Resolution and Employment Law Partner, Shilpen Savani. In this issue, employment law experts discuss some…

Serving you When starting court proceedings against someone, you must ensure that your proceedings have been validly served on your opponent. If they haven’t, there is a risk that your…

Dispute Resolution and Employment Law Partner, Shilpen Savani, features in Grania’s latest article for Counsel Magazine looking into the changes in the way barristers and solicitors team dynamics work, in the…

General Data Protection Regulation (GDPR) comes into force on 25th May 2018. In order to comply businesses have started to implement compliance strategies to mitigate the risk of an enforcement…

“There is no substitute for hard work.” The famous musing of iconic American inventor and businessman Thomas Edison, remains as true today as it did a century ago. Edison however,…

“What’s the first thing you’d do if you won the lottery?” It’s a question that gets asked a lot and we’ve all asked it ourselves. As much as answers may…

By Employment and Privacy Law Partner, Carl Atkinson On 25th May 2018, the General Data Protection Regulation (GDPR) will come into force in the UK. Implementing the biggest change to data…

By Employment and Privacy Law Partner, Carl Atkinson Make it clear It is important to give accurate instructions on how you want employees to use social media at work, in relation…