Reading room

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…