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Beware public law arguments in anti-social behaviour possession proceedings
Local authorities have for some time been aware that public law arguments historically dealt with by the Administrative Court, can now be raised as defences in the County Court.
Date: 2010-03-09

Granting tenancies to minors is no minor matter
Despite the Law of Property Act 1925 prohibiting anyone under the age of 18 – a minor – from holding a legal estate, registered providers (RPs) continue to grant tenancies to people under 18.
Date: 2010-03-08

Beware of relying on indemnity in plant hire standard terms
A recent Court of Appeal case serves as a reminder of the importance of explicit language if a contractual indemnity is intended to apply even in cases where the indemnified party was negligent or otherwise at fault.
Date: 2010-03-05

New NI rules affect EU workers and employers
From 1 May 2010, the National Insurance (NI) rules that apply to employees who work in more than one EU Member State will change.
Date: 2010-03-05

All change in April for employment law
April and October are the two months when most changes to employment law are introduced. This year is no different, with plenty of changes coming into force in April.
Date: 2010-03-02

It's not all about Mr Brown ...
Recent media attention around whether or not the Prime Minister bullied staff threatened to obscure the real problem of bullying in the workplace and the serious and harmful effects it can have on employees.
Date: 2010-02-26

Abandonment? Change the locks at your peril
The Court of Appeal has ruled in Kalas v Farmer that a judge was entitled to find that a landlord did not reasonably believe their tenant had stopped living in the premises
Date: 2010-02-25

Ain’t misbehavin’: Opening our ‘i’s’ to behavioural advertising
The United States' online advertising industry has developed a new symbol it proposes adding to online advertisements aimed at improving consumer awareness and enhancing their privacy.
Date: 2010-02-24

The Implications Of The Community Infrastructure Levy For Registered Providers
On 10 February 2010, the Government published the final version of its long awaited Community Infrastructure Levy Regulations (“CIL”).
Date: 2010-02-23

Contractual power allows employer to change employment terms without employees’ agreement
The Employment Appeal Tribunal (EAT) has ruled in favour of Asda after employees challenged its right to make changes to their pay structure unilaterally.
Date: 2010-02-22

Changes to shared ownership leases
The Homes Community Agency (HCA) has created a new suite of model shared ownership leases designed to create more certainty for lenders and more clarity for purchasers of New Build HomeBuy properties.
Date: 2010-02-18

Re-certification of PPF guarantees: Deadline alert!
The deadline for the submission of documentation to the Pension Protection Fund for the certification of contingent assets is 31 March 2010.
Date: 2010-02-17

The new CIL Regulations: The end of the beginning or the beginning of the end?
Following public consultation in 2009, the Community Infrastructure Levy (CIL) Regulations were put before Parliament on 10 February. Subject to House of Commons approval, they will come into force on 6 April 2010.
Date: 2010-02-17

BIS bows to industry pressure on CCD implementation timetable
The Department of Business, Innovation and Skills (BIS) has announced a transitional period beyond June 2010 - by which time the Consumer Credit Directive (CCD) has to be implemented - during which lenders can move from the old to the new regimes.
Date: 2010-02-12

Court of Appeal rules in BA crucifix case
The Court of Appeal has handed down judgement in the case of a British Airways worker who claimed her employer's uniform policy discriminated against Christians.
Date: 2010-02-12

Summary judgment as tool to control litigation costs
Summary judgment is a procedure in which a party to an action (or the court, of its own accord), can apply for an early determination of all or part of a claim without the need for a full trial.
Date: 2010-02-12

Lenders will welcome judge's ruling
On 23 December 2009 His Honour Judge Waksman sitting in the High Court in Manchester handed down his key judgment in the Carey v HSBC test case.
Date: 2010-02-12

Former tenancy arrears cannot be used as reason for refusing consent to mutual exchange
In the case of R (McIntyre) v Gentoo Group Limited [2010], the High Court has held a registered social landlord's decision to impose a condition requiring a tenant to pay former tenancy arrears before it would consent to a mutual exchange was unlawful.
Date: 2010-02-11

Corporate manslaughter/deaths at work: Definitive sentencing guidelines published
The Sentencing Advisory Panel (SAP), following extensive consultation over many months, has now published definitive guidelines for corporate manslaughter and health and safety offences where a death has occurred.
Date: 2010-02-11

Petitioning creditors: Take care when considering offers
Your statutory demand has been served but the debtor fails to pay. You issue a bankruptcy petition and serve it. At the hearing of petition the court dismisses it. How could that happen?
Date: 2010-02-11

Procurement alert: remedies - just when you thought it was safe...
The new remedies rules may need to be interpreted in light of a very recent European Court of Justice (ECJ) Judgment in relation to limitation periods for bringing challenges for breach of the public procurement rules.
Date: 2010-02-11

Employers must keep lone workers under review or risk breaching health and safety laws
Employers have a legal duty of care to do everything reasonably practicable to ensure the health and safety of their employees.
Date: 2010-02-08

OFT releases new information sheets
The Office of Fair Trading (OFT) has released another new arrears and default information sheet.
Date: 2010-02-08

Batteries now included
Over the last week you may already have seen your local supermarket displaying a plastic recycling bin for used batteries.
Date: 2010-02-04

Getting service charge proportions right
When a residential development scheme is set up, input from the developers and prospective managing agents is essential so that service charge proportions are calculated fairly and set at the correct level.
Date: 2010-02-03

Fit notes to replace sick notes from April 2010
Following last year’s consultation on replacing sick notes with fit notes the Government has said it will bring regulations implementing the change into force from April this year.
Date: 2010-02-02

Contractors' relief at ruling they are not bound indefinitely by third party collective agreements
In what will be a very welcome decision for employers, the Court of Appeal has ruled that contractors who take on staff as a result of a TUPE transfer are not bound by new collective agreements negotiated by third parties after the transfer.
Date: 2010-02-02

Mortgage market review
Last October the FSA published its mortgage market review discussion paper setting out its case for regulatory reform of the mortgage market.
Date: 2010-02-02

IT suppliers: dotting the 'I's and crossing the 'T's following EDS v BSkyB
The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago.
Date: 2010-01-28

Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Date: 2010-01-27

Source codes: MoD learns expensive drafting lesson
A costly mistake by the Ministry of Defence (MoD) has highlighted the importance of careful drafting to ensure access to a software program’s source code.
Date: 2010-01-27

Codes of practice on discrimination set to change
The Equality and Human Rights Commission (ECHR) has launched a consultation on three new discrimination codes of practice (the Codes) to support the Equality Bill when it comes into force.
Date: 2010-01-26

To grit or not to grit?
The winter of 2009/2010 was said to be the coldest for 30 years.
Date: 2010-01-26

Legal representation at disciplinary hearings may be needed to protect employees' human rights
The Court of Appeal has ruled that employees may be entitled to legal representation at some internal disciplinary hearings.
Date: 2010-01-26

Resolving Disputes in 2010
For the first time since Lord Woolf's 1999 reform of the civil justice system, the more conciliatory approach to resolving disputes advocated by the Civil Procedure Rules (CPR) is being thoroughly tested.
Date: 2010-01-25

Conflicting contracts terms: Who wins?
In a battle of the forms where two businesses seek to rely on their own terms and conditions of sale or purchase, who wins? And how do the courts decide?
Date: 2010-01-22

Tax Health Plan has medical pros in sights
Following the disclosure facility offered to offshore bank account holders, medical professionals are the next group HM Revenue & Customs (HMRC) has in its sights.
Date: 2010-01-19

Data protection fines signal a new era of enforcement
Serious breaches of the Data Protection Act 1998 could attract fines of up to £500,000, it has been announced.
Date: 2010-01-19

Procurement Update: January 2010
Not only did 2009 end with snow flurries in many parts of the country, there was a flurry of activity on the procurement front, too.
Date: 2010-01-18

Provision of Services Regulations: Are you ready?
The Provision of Services Regulations 2009 (Regulations) came into force on 28 December 2009 and created new obligations for service providers.
Date: 2010-01-15

Offshore bank accounts: The next step
With the deadline for voluntary disclosure under HM Revenue & Custom's (HMRC) Non-Disclosure Opportunity (NDO) having now passed, any undisclosed offshore bank accounts could now attract greater penalties.
Date: 2010-01-13

Pleural plaques success in Scotland
The Court of Session in Scotland has blocked an attempt by a number of UK insurers to prevent compensation being paid to people diagnosed with pleural plaques.
Date: 2010-01-12

New non-domestic buildings: Zero carbon by 2019
The Government is consulting on its policy options and proposals to achieve zero carbon in new non-domestic buildings in England from 2019. The consultation closes on 26 February 2010.
Date: 2010-01-08

EIS, VCTS AND CVS
The Enterprise Investment Scheme (EIS), Venture Capital Trust (VCT), and Corporate Venturing Scheme (CVS) rules provide tax incentives for individuals and corporates investing in unquoted small and medium size enterprises in the UK.
Date: 2010-01-07

Mesothelioma sufferers face Alimta drug dispute
Alimta, a drug that extends the life expectancy of mesothelioma sufferers, is currently available on the NHS - but the decision to make it available is being challenged.
Date: 2010-01-07

EAT considers extent of sex discrimination protection for woman undergoing IVF treatment
Employees who are pregnant enjoy a significant level of legal protection.
Date: 2010-01-04

Database of serial litigants now live
For a fee, respondents facing employment tribunal claims can now find out if the claimant has previously won or lost other employment cases.
Date: 2009-12-22

Christian registrar loses civil partnerships fight
The Court of Appeal has rejected an appeal by the Christian registrar who claimed being forced by her employer to officiate at civil partnerships ceremonies was religious discrimination.
Date: 2009-12-22

TUPE: Guidance given on the time frame for informing and consulting
The Employment Appeal Tribunal has clarified the timing for giving information to employee representatives where a TUPE transfer is proposed.
Date: 2009-12-22

Unprecedented reduction in compensation for unfair dismissal from February 2010
For the first time ever the compensation limit in unfair dismissal cases will fall in February 2010.
Date: 2009-12-22

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Karen Carter

Director of Business Development and Marketing
T: 03700 86 4086
I: +44 (0)121 625 4086
E: karen.carter@shoosmiths.co.uk