On 11 November 2020, the UK government published the National Security and Investment Bill. The Bill forms part of a new regime to ensure that the government has the necessary powers to intervene in business takeovers, to protect national security. See below our most frequently asked questions from clients on the Bill. When will the […]
The singer Adele has reached a financial settlement with her former husband, Simon Konecki, nearly two years after their separation. The couple began their relationship in 2011. They married in 2016, and have an 8 year old son. Their separation was announced in 2019, and Adele subsequently filed for divorce. The parties submitted their settlement […]
The UK technology sector received an estimated £30 billion in investment between 2017 and 2019 – more than in France and Germany combined over the same period – and now the boost of a Brexit trade deal with the EU should encourage further investment into the sector here in the UK. Some of the UK-EU […]
Women between the ages of 25 and 64 are invited for regular cervical screening under the NHS Cervical Screening Programme. The intention is to detect abnormalities within the cervix, which could develop into cervical cancer if left untreated. A damning report by the National Audit Office in 2019 highlighted a number of problems in the […]
Family mediation is a way of sorting out any issues you might have about dividing up your finances upon a separation or divorce, and/or to discuss the arrangements for your children. In “classic” family mediation there would be you, your ex-partner / spouse and the mediator. Other professionals or a co-mediator may be involved where […]
The Government has published the new National Living Wage and National Minimum Wage, which will take effect from 6 April 2021. The changes will include lowering the age of eligibility for the National Living Wage,from 25 years to 23 years. The new rates will be as follows: Age 23 or over (NLW rate): £8.91 (currently […]
In November 2020, the Government announced an extra bank holiday for June 2022 in celebration of the Queen’s Platinum Jubilee. As such, the late May Bank Holiday will be moved to Thursday 2 June 2022 and an additional bank holiday will be in place for Friday 3 June. This means we’ll all be able to […]
The definition of disability in the Equality Act 2010 is that a person has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. One tricky aspect of determining if an employee has a disability can be deciding whether the adverse effect is […]
Recent research by the whistleblowing charity Protect found that UK employers disregarded nearly half of all their employees’ coronavirus-related concerns. Not only that, but a fifth of whistleblowing employees lost their jobs as a result of raising issues related to the pandemic. According to the Protect report, 41% of all whistleblowers raising such concerns were […]
The Independent Workers’ Union of Great Britain v The Secretary of State for Work & Pensions and others. A recent decision by the High Court to extend health-and-safety protections those engaged in the gig economy will have a huge impact on hundreds of thousands of workers. The Independent Workers Unions of Great Britain brought the […]
The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 has come into effect this month making it legal for wills in England and Wales to be witnessed by means of ‘video conference or other visual transmission’. The new regulations have been backdated to 31 January 2020, with the effect that wills which have been […]
2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] BackgroundIn Covid-19 times, a recent decision from the Technology and Construction Court relating to the 2011 London riots is a useful reminder of the restrictive way in which force majeure and limitation clauses are interpreted by the courts and needs to be noted by all suppliers of goods […]
To provide further clarity for landlords and tenants, on 19 June 2020 the Government published guidance for the commercial property sector, in the form of a Code of Practice. The Code of Practice is voluntary and encourages good practice between landlords and tenants, promoting payment of rent by tenants where this is possible, but also […]
High-value country property transactions have enjoyed a boom over the past few months, leading to an increasing trend towards the use of Exclusivity Agreements, also known as ‘lock-out agreements’. An Exclusivity Agreement is normally a tool used by a buyer to provide them with an exclusive opportunity to do due diligence on a property, and […]
There are new stricter time limits for making claims under the Coronavirus Job Retention Scheme (furlough). These apply during the extension of the scheme to 31 March. Claims made from 1 November 2020 must be submitted by 11.59pm, 14 calendar days after the month you are claiming for. When this time falls on a weekend […]
In an earlier edition of Rural News, we considered the proposals put forward in the Defra Consultation Paper on Agricultural tenancies. The most controversial of these proposals were: for AHA tenancies to be assignable by a Tenant at a premium where no eligible successor remained; the extension of the category of eligible relatives to include […]
The end of the transition period on 31 December 2020 means your business should be taking preparatory steps now to protect its international workforce. EU nationals who are resident in the UK as at 31 December 2020 have the right to continue working and living in the UK under the Settlement Scheme. Those with five […]
The pandemic has led to greater appreciation of the countryside and of shopping locally, which is good news for the agricultural sector. Agriculture has long been seen as a secure investment, but now with so many companies encouraging home-working, we’re seeing a bubble of buyers deciding to relocate to rural life on a farm. If […]
As family lawyers, we work closely with colleagues in other teams to provide expertise to our clients going through relationship or marital break-up. This work could relate to company affairs, or ensuring our separating clients have their Wills and estate planning in order. Such matters often involve our property team. In most relationship breakdowns there’s […]
The Moss family has farmed Manor Farm for 150 years and is a highly respected local family. They’re just about to start the process of ensuring the farm and business move smoothly from one generation to another. They might wish to avoid the fate of a neighbouring farm, which is now on the market following […]
As I write this from my home office in the New Forest, I’m looking out on a picture-perfect postcard of autumn, with ponies grazing and squirrels gathering nuts in the oaks surrounding my home. Through the pandemic, the housing market has seen an exodus of people moving out of the cities, looking for their very […]
Back in July 2020, I wrote about the Chancellor commissioning the Office of Tax Simplification (OTS) to undertake a review into Capital Gains Tax (CGT) in this article OTS review of Capital Gains Tax. The OTS have duly now released the first of two reports – this one being focused on policy design. To be […]
As we will all now be aware, the Coronavirus Job Retention Scheme (commonly known as the ‘furlough scheme’) has been extended to be in place until 31 March 2021. You can read more about this in our recent article – Extended Coronavirus Job Retention Scheme Guidance released. On Friday 13 November, HM Treasury published The […]
The Times recently published an article ‘Avoid courts to lessen the pain of family break-ups‘ quoting “We need to move away from legal disputes for separating families to help to build better relationships and cause less harm”. It also mentions the report by The Family Solutions Group and touches upon those recommendations. The message emanating […]
In his Summer Statement the Chancellor announced a temporary reduction in residential stamp duty land tax (SDLT) rates in England and Northern Ireland. The reduction applies to contracts exchanged between 8 July 2020 and 11.59pm, 31 March 2021. It means that the nil-band rate (below which no SDLT is payable) is increased from £125,000 to […]
A major consequence of the pandemic is that our economy is suffering. This is having an impact on everyone with companies and businesses of all sizes and across different sectors finding themselves in financial difficulty. The government has put financial support in place to try and keep businesses afloat during this period. This includes the Coronavirus Job […]
They never judge, they never give up, they make things work. A diabetic’s view of the care the nurses provide It is World Diabetes Day on Saturday 14 November 2020. As the number of people living with diabetes continues to rise across the World, governments and health providers must recognise the crucial role that Diabetes […]
On 5 November, the Chancellor announced that the Coronavirus Job Retention Scheme (commonly known as the ‘furlough scheme’) which was originally due to end on 31 October 2020 would be extended to 31 March 2021. From 1 November 2020 to at least 31 January 2021, the government will pay 80% of wages for hours not […]
The Covid-19 pandemic saw a rise in the population choosing to walk and cycle. With restrictions in place during the initial lockdown period, traffic on the roads fell and people avoided public transportation, meaning cities and towns across the globe caught a glimpse of what their streets and public spaces might look like if pedestrians and cyclists were […]
The government has just announced further extensions to the Coronavirus Job Retention Scheme (CJRS), also known as the furlough scheme, and Self-Employment Income Support Scheme (SEISS). For further details on how the CJRS operates, see some guidance Job retention scheme. The CJRS was recently extended to the end of November to cover the second lockdown […]
SEISS has been extended for a further six months, with two grants available covering each three month period. In order to be eligible, self-employed individuals must have been eligible for the first and second grants, although there is no requirement that they must have claimed those grants. They must also declare that they intend to […]
The Prime Minister has announced that England will be entering into a national lockdown from Thursday 5 November until at least 2 December 2020. During the lockdown pubs, restaurants, gyms, non-essential shops and places of worship will close but schools and universities will stay open. People should work from home where possible but those industries where working […]
Strokes can happen to anyone, anywhere, anytime. One in four of us will have a stroke in our lifetime, but most can be prevented. There are risk factors that increase our chances of suffering a stroke. It is important to understand our risk and the steps we can take to reduce it. World Stroke Day aims […]
When a person suffers a serious personal injury, it is an incredibly challenging time for both the injured person and their family. When faced with the prospect of recovery, it can often feel as if a very long and dark tunnel is ahead with little or no light at the end. Nevertheless, the Rehabilitation Code […]
With Remembrance Day coming up in the 75th year after the end of World War II, a year which has been overshadowed by current events, there are still reasons and ways the country recognises the work and sacrifices people have made and are still making. Tax relief for all war medals and decorations The first […]
In September the Chancellor unveiled plans for the Job Support Scheme (JSS) which comes into force from 1 November, taking over from the Coronavirus Job Retention Scheme (furlough) that ends on 31 October. We have been waiting patiently for official guidance to be released setting out the finer detail of how the scheme will work […]
The Chancellor has announced plans to increase support through the Job Support Scheme which is due to come into effect from 1 November. The Job Support Scheme will take over from the Coronavirus Job Retention Scheme (furlough) which will come to an end on 31 October. When originally announced back in September, the Job Support […]
Judicial Review is a process that allows individuals or organisations to challenge the lawfulness of policies, decisions or actions made by a public body or those exercising a public function. This is how you can challenge decisions, the grounds for challenge and the remedies available to individuals. Examples of bodies that can be judicially reviewed: […]
Freephone us on 0800 157 7611. Traumatic brain injuries can have a catastrophic and life changing effect for those people who have been involved in accidents and their families. Claims for brain injury should only ever be dealt with by specialist serious injury solicitors with the necessary qualifications and experience to deal with the complex […]
This blog explains the stages and timescales involved when you are the executor of someone’s affairs and have a legal responsibility to administer their estate. Stage one Arrange valuations of all assets and obtain details of all liabilities, both held in the sole name and jointly owned. 8-12 weeks Obtain income information for Income Tax […]
If you have been sectioned under the Mental Health Act 1983 then you may be entitled to free aftercare when you leave hospital. This blog explains what section 117 aftercare is, who is entitled to it, how long it lasts and what to do if it is not provided. Who is entitled to free aftercare? […]
This guide is prepared to assist the lay person to navigate the complexities of an inquest but it is not suitable for cases involving matters of national security, military death or Article 2 Human Rights issues that require more detailed guidance than can be given in this short booklet. This guide is no substitute for […]
Individuals with a primary health need are entitled to fully funded care from the NHS. This blog explains NHS Continuing Healthcare, how to apply if you think you or a family member might be eligible, the assessment process and what to do if you disagree with the decision reached. What is NHS Continuing Healthcare? Continuing […]
A lasting power of attorney (LPA) is a legal document that allows a person to give another person or persons, the attorney, authority to make certain decisions on their behalf. LPAs effectively took over from enduring powers of attorney on the 1st October 2007. The two types of LPA Property and affairs LPA This gives […]
On 16 July, the Court of Justice of the European Union (CJEU) ruled that the mechanism that allowed the transfer of personal data of European Union citizens to the United States was no longer legitimate under European data protection laws. The mechanism is known as the Privacy Shield. In 2016 it replaced the Safe Harbor […]
Cyber-crime is reported to be one of the fastest growing areas of crime, often involving fraudsters gaining access to IT systems, either to exploit them directly or as a step towards acquiring access to online banking facilities or other exploitable information. To gain access, fraudsters typically exploit security weaknesses in a business’s IT systems. For […]
In the recent case of K v L UKEATS/0014/18/JW the Claimant was a teacher charged by the police with possession of indecent images of children under section 52A of the Civic Government (Scotland) Act 1982. The Claimant freely admitted that the images were downloaded on to a computer in his possession but denied that he […]
Schools have not been isolated from the financial and social effect of the pandemic. In many cases, they are seeing challenges which affect the way they run in a much more severe way than other businesses. The pandemic has, so to speak, torn up the rule book on how many schools are run and they […]
One of the many additional challenges presented to schools as a result of the Covid-19 pandemic was the requirement for schools to produce Centre Assessed Grades (CAGs) for last summer’s A levels and GCSEs. Whilst a challenge in itself, the task was made no easier by the Government’s changing policy and last minute U-turn on standardisation […]
When schools were forced to close in March, due to the Covid-19 pandemic, many schools chose to make use of the Government’s Job Retention Scheme and furloughed some of their staff. Whilst most employers acted honestly and were grateful for the lifeline offered by the scheme, the Government revealed last month that an estimated £3.5 […]
The last seven months have been some of the hardest ever faced by the independent schools sector. Whilst the Government’s Job Retention Scheme has supported jobs for a temporary period, all prudent boards of governors and senior leadership teams (SLTs) have inevitably been focused on re-evaluating their staffing needs in the light of reduced budgets and […]
The Government has been under increasing pressure to extend the Coronavirus Job Retention Scheme which will cease providing support to employers at the end of October 2020. With infection rates of Covid-19 on the rise and anticipation of continued disruption to the economy, the Chancellor has outlined new measures to support employers in the form of […]
The Prime Minister has formally unveiled plans for a new three tier system for implementing local lockdowns restrictions across England. The system uses three levels which are ‘Medium’, ‘High’ and ‘Very High’ to determine the measures to be imposed in certain areas. Most areas are at medium level and those who are currently facing local […]
The use of live or automated, facial recognition (LFR) software by law enforcement in public places is fast increasing in the UK. It enables rapid surveillance of thousands of people. However, the increased use of LFR also highlights the tricky balance between an individuals’ right to privacy and the need for police powers to keep […]
The Court of Appeal has given its long-awaited judgment in the case of Swift v Carpenter which impacts on all Claimants who need to be re-housed due to disability caused by another’s negligence. How the Courts assess “accommodation purchase” claims has been in a state of flux since 2017 when the Government changed the discount […]
At a time when the health of the nation is of paramount importance and everyone is striving to protect themselves and their loved ones from contracting coronavirus, protecting our children from other diseases has been and will continue to be an important decision for parents throughout their kids’ childhood. Following divorce and separation it is […]
In most cases, dismissal of an employee without following any sort of formal procedure would lead to the conclusion that the dismissal was unfair. However, in the unusual case of Gallacher v Abellio Scotrail Ltd the Employment Appeal Tribunal (EAT) agreed with the Employment Tribunal’s (ET) decision that dismissal without following a procedure was within […]
The Law Society has given its support to a campaign urging the Government to extend time limits for tribunal claims. The time limit for bringing an Employment Tribunal (ET) claim is currently three months. This can be extended for a period of time while parties engage in early conciliation via ACAS, which effectively “stops the […]
An employee was entitled to bring a claim for unfair dismissal even where there was no reasonable prospect of recovering any compensation, according to an Employment Appeal Tribunal (EAT) ruling in the case of Evans v London Borough of Brent. Dr Evans was– a deputy head teacher involved in financial mismanagement which resulted in himself […]
On World Cerebral Palsy Day 2020, Moore Barlow celebrate the achievements of those who live with this condition and continue to call for early intervention and support for those families affected by it. Read our cerebral palsy factsheet. As clinical negligence solicitors, we work closely with those affected by cerebral palsy when this has been […]
Given the recent (and ongoing) business upheaval caused by COVID-19, many businesses can be forgiven for failing to focus on the fact that Brexit finally took place with the UK “leaving” the EU on 31 January 2020 with the practical “Exit Day” to occur on 31 December 2020, after the transition period. In order to […]
In the case of Glasgow City Council v Johnstone UKEATS/0011/18 the Employment Appeal Tribunal (EAT upheld a decision by the Employment Tribunal (ET) that two foster carers are employees of Glasgow City Council. In 2011, Mr and Mrs Johnstone were accepted as foster carers by Glasgow City Council. They subsequently brought claims in the Scottish […]
In the case of Morales v Premier Fruits (Covent Garden) Ltd the Claimant, Mr Morales, was employed by Premier Fruits (Covent Garden) Ltd, whose business was hit heavily by the pandemic. In March 2020, the employer proposed a 25% pay cut for all staff and that they each take one week’s unpaid leave a month. […]
With many companies starting to make redundancies as the furlough scheme begins to wind down, there has been much discussion of how to calculate notice pay and statutory redundancy payments, in particular whether these should be based on the employee’s usual salary or the reduced rate that they have been receiving on furlough. On 31 […]
In early September the Government revealed that an estimated £3.5 billion of Coronavirus Job Retention Scheme payments may have been claimed fraudulently or paid out in error. The scheme, which has been in operation since March, has so far cost the Government approximately £35.4 billion and the fraudulent and mistaken payments are thought to make […]
Moore Barlow are delighted to be supporting the Cauda Equina Syndrome Association (CESA) under their charity umbrella Cauda Equina Champions Charity (CECC) in the first ever National Awareness Day campaign on 1st October 2020. Cauda equina syndrome (CES) is a little known but devastating condition that absolutely necessitates recognition on a national scale. CES is […]
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force in England at midnight. The Regulations confirm and set out the rules regarding mandatory periods of self-isolation following the rollout of the NHS contact tracing app. The Regulations also increase the level of fines for failing to comply with the self-isolation rules to as much […]
The government has been under increasing pressure to extend the Coronavirus Job Retention Scheme which is going to stop providing support to employers at the end of October. With infection rates of Covid-19 on the rise and anticipation of continued disruption to the economy, the Chancellor has outlined new measures in order to try and […]
In response to the rising number of cases of Covid-19, the Prime Minister outlined new measures in an address to the nation last night to try and tackle the spread of the virus. Boris Johnson reiterated the points he had made to MP’s in Parliament earlier in the day which included guidance that office workers […]
The NHS is a fantastic institution, and we are all very much aware of the increased demand on its skill and resources which has been brought about by Covid-19. There is the need to treat people who are seriously ill with a previously unknown and not yet wholly understood disease, while working out the safety […]
The 25 May 2020 marked two years since the General Data Protection Regulations (GDPR) came into force. Within the UK GDPR is implemented through the Data Protection Act 2018 (DPA). Before the implementation of the DPA, businesses were busy making the necessary preparations to ensure that they would be compliant under the new regulations. This […]
This September poses new challenges for separating couples. We as family lawyers often experience a busy period in September. Sadly, this is the time when, following the summer break, couples facing difficulties within their marriage feel that this is a time to have a new start and to consider their options. This year is also […]
As a result of the Corporate Insolvency Governance Act 2020 (CIGA) coming into force at the end of June, existing protection for customers in relation to the supply of goods and services has been greatly extended and now means that suppliers will not be able to terminate supply contracts or impose other conditions during after […]
When a company’s director is unwilling to resign, and no articles of association or shareholders’ agreement offer provision for their removal, a statutory procedure in sections 168 and 169 of the Companies Act 2006 allows the shareholders to remove the director from office. Such a procedure should be available regardless of any provision in the […]
A management buy-out (MBO) is a transaction in which a target business is transferred, in whole or in part, to its management team, usually using a new company established for the purpose (a “Newco”). The sale of a business to the management team can be advantageous to both the seller and the management team, due […]
Venture Capital (VC) funds are investors who provide expertise and capital (called venture capital) in privately funded companies at an early stage of their life cycle. This contrasts with more traditional ‘private equity funds’ who tend to invest in companies that are more mature and have a structured business plan in place. How venture capital […]
A business can change, but the business of identifying who is officially in control of it remains of central importance. For a number of years, businesses have had to familiarise themselves with the requirements of PSC legislation – namely, to have a register that identifies who owns or controls a company, known as Persons with […]
As a family law team with a wealth of experience in international cases and cross border divorces, we are regularly instructed by clients who live in other jurisdictions. There are many reasons for moving abroad to live but we are often consulted when a couple have moved overseas for employment reasons. The expat lifestyle can be challenging […]
With the emergence of technological advances, we are now starting to see the start of the “transport revolution” promised by the current government, following the announcement of the e-scooter trial that began earlier this month. Many people in the UK have used e-scooters throughout the UK despite them not being allowed on public roads and […]
What is a humanist marriage? A humanist marriage is a non-religious ceremony where you are effectively in control of the format and structure of the day. This type of ceremony is not legally recognised in England and Wales. Unlike a humanist marriage, those that are recognised in this country have religious connotations to them as […]
Many people are understandably eager to conclude the divorce and move on with their lives. This can lead to the temptation to apply for the decree absolute as soon as they are eligible: six weeks and one day from the date of the decree nisi. However, they should think twice before rushing to dissolve the […]
Despite the Covid related difficulties, summer is still the time when children most frequently undertake international travel with a parent to enjoy a holiday abroad or to spend time with a parent living abroad. All too frequently the child is then not returned to the parent who cares for them in the UK, causing distress […]
Schools have broken up for summer holidays and more employees are now venturing out and going abroad. Already we are seeing signs of further coronavirus related issues for employers. The first big challenge has been triggered by the government’s sudden decision to impose 14-day quarantine on those returning from Spain.This has implications for employees who […]
On 26 June 2020 the Government’s new Corporate Insolvency and Governance Act 2020 (CIGA) came into force. CIGA sets out temporary measures in response to the COVID-19 pandemic. Also, there are important permanent reforms to insolvency and company law. Together this represents a major package of new legislation to help navigate troubled times and in […]
When a couple decides to divorce, there are often other issues that must be resolved along the way. For many, the family pet is considered another member of the family and trying to decide on the arrangements for who should take care of the dog can be very difficult and saying goodbye can be upsetting. […]
On 13 July, the Chancellor wrote to the Office of Tax Simplification (OTS) to request that a review is undertaken of Capital Gains Tax (CGT). Aspects he specifically mentions the review look into are allowances, exemptions, reliefs, losses, and how gains are taxed in comparison to income. His aim of the review is to assist […]
Last week saw the publication of “First Do No Harm”, a review led by former junior health Minister Baroness Julia Cumberlege, which explains the way our healthcare system responded to reports of harmful side effects from: hormone pregnancy tests the drug sodium valproate given during pregnancy and pelvic mesh implants. The review suggests a number […]
The recent case of Mr and Mrs Villiers (Villiers v Villiers [2020] UKSC 30) is a reminder that divorce law is different depending on where you live in the UK. Scotland and Northern Ireland have their own laws which are different to those in England and Wales. Mr and Mrs Villiers lived in Scotland for […]
Chancellor Rishi Sunak has announced a £30bn plan to boost the economy and prevent mass unemployment as the financial effects of the coronavirus wear on. We have summarised the key points below which will be of interest to employers: Job retention scheme The furlough scheme is due to be phased out over the summer before coming […]
When is an employer vicariously liable (i.e. responsible) for the conduct of its employee? This came up in the case WM Morrison Supermarkets plc v Various Claimants, involving supermarket chainMorrisons and a disgruntled employee. The employee was a senior internal auditor who, acting on a grudge after having been disciplined previously, published personal information about […]
In the case of Ferguson and others v Astrea Asset Management Ltd, four directors and shareholders of an estate management company fell foul of the TUPE – Transfer of Undertakings (Protection of Employment) – Regulations and were dismissed for gross misconduct. The four claimants were directors and senior employees of Lancer Property Asset Management. The […]
The concept of the ‘last straw’ in relation to constructive dismissal claims featured in the case of Williams v Governing Body of Alderman Davies Church in Wales Primary School, where a decision by an Employment Tribunal (ET) was subsequently overturned by an Employment Appeal Tribunal (EAT). The case centred on a primary school teacher, Mr […]
A law firm’s pregnant employee was granted a £23,000 pay-out after being fired for taking two days off with severe morning sickness. Manchester-based solicitors Gowing Law sacked the employee just a week after she started her new job as a full-time administrator. The employee was successful in her claim for unfair dismissal and pregnancy related […]
We are receiving a lot of enquiries regarding staff holiday and holiday-pay during coronavirus.As we ease our way out of lockdown restrictions, it is important to be aware of the rules for the remainder of 2020, as workforces need to be managed for the next six months. A lot of employers hoping for an upturn […]
Executors can find themselves in a difficult position when faced with the prospect of purchasing assets from an estate, even when they are paying market rate for those assets and the other beneficiaries agree to the sale. Being an executor is often an onerous and largely unglamorous role, which involves hours of work usually with […]
Family lawyers breathed a sigh of relief last night (17 June) when it was announced that the Divorce, Dissolution and Separation Bill, to introduce no-fault divorce finally cleared through the House of Commons.. The next step is for the bill to receive Royal assent later this year. Receiving Royal assent should be a quick process; […]
One of the unfortunate consequences of the pandemic is that a large number of people have been forced to delay their marriage. Clearly there is some disappointment about this but for those who have been married before, this may in fact be a blessing in disguise. It is a common misconception that when you go […]
Improved life expectancy and quality of life has resulted in a rise in the number of divorcing couples over the age of 65. Those separating in the later years of their life are likely to be retired, with one of their most valuable assets being their pension(s). They may also have additional needs which must […]
If you have a dispute concerning property or land, then strategic advice at the earliest stage can help you resolve issues. Landlords and tenants are both becoming increasingly concerned about maintaining their respective obligations under leases and – if possible – avoiding them. The situation is changing rapidly and the government is seeking to react […]
Good news, the bill to change divorce law to ‘no fault’ has passed the next stage which was a second reading in the House of Commons with 231 votes for and only 16 against on 8 June 2020. The next stage is for the bill to be considered in detail at committee stage. This proposed […]
Scenario C A group of companies went from £50m worth of equity to £20m worth of negative equity in just 6 months, at a time when it was not possible to sell any of the assets. The group had outstanding bank debt, and the bank needed a solution. Outcome There was a renegotiation of the […]
Scenario D Your bank is taking all of the downside risk, and your PE House is taking most of the upside benefit – what do you do? You try and persuade your PE House to invest some more cash reducing the bank’s exposure and increasing the PE House’s exposure. But what if they are not […]
Scenario A A group with a £200m pension deficit but achieving £6m EBITDA – what should a new management team do when they realise this is the situation? The obvious answer was to put the company into an insolvency procedure. However, where, for example, the company’s business is heavily contracts based, the company would have […]
Scenario B The bank had lost confidence in a management team. The company had £40m of debt and capital assets that were reducing in value. The bank gave the sole shareholder of the company a clear choice: sell the company or replace the management team (and if in the latter case it was clear that […]
We understand that the landscape is incredibly difficult for businesses at the moment, and that things are changing day by day, sometimes hour by hour. Having worked with a number of businesses who have experienced very difficult situations over the years, we thought it may be helpful to share some case studies to demonstrate that […]
While the reforms making no-fault divorce possible are going through a stop-start process in parliament, you might be wondering how long you need to wait until you can get divorced. Clients often come through our doors expecting they’ll need to wait several years – sometimes under very acrimonious circumstances – before they can divorce their […]
The current lockdown is undoubtedly a strange time for us all. However, it does offer an opportunity to pick up tasks that may otherwise have been pushed to the bottom of our to-do list. For many businesses, now is the time for planning for the future and taking whatever measures they can to ensure their […]
If a visitor on your land or premises falls or injures themselves, what occupiers’ liability might you have? There are two acts you need to be aware of, Occupiers Liability Act 1957 and Occupiers Liability Act 1984 (“the Acts”). These Acts impose a duty of care on occupiers to both lawful visitors and trespassers respectively. […]
At the time of writing this article (the end of February), the Agriculture Bill is wending its way through the parliamentary process and is expected to receive Royal Assent in June or July 2020. There are few surprises in the Bill which constitutes enabling legislation and which will be followed, in due course, by the […]
Lifetime valuations can be a useful strategic tool for landowners. A forthcoming succession, pre-death tax planning when creating a Will, the anticipated sale or development of land, changes in tax reliefs and when considering using land for secured borrowing are all potential triggers for requiring a lifetime valuation. In the context of succession, a valuation […]
What do you do if a company’s sole member and director dies leaving the company unable to function without them, and you’re the executor of the will? A recent case (Williams v Russell Price Farms Service 2020) relates to the deceased director and shareholder of a company whose executors applied for a court order under […]
It is generally accepted that the health and social care sector is facing some of its greatest challenges to date. People are living longer; there has been an increase in the number of people suffering from diseases such as dementia; and there is a general lack of funding for community services. The impact on society […]
With the rising costs of moving, many opt to stay and renovate rather than sell. There is however, a common misconception that if you own a leasehold property you have the right to install a new kitchen or knock down a wall to improve living space without anyone’s permission. Unfortunately that is not always the […]
On 19 February, the government published the first details about its proposed new Immigration system planned to be operational on 1 January 2021. The government’s new system is designed to attract “highly skilled workers”, rather than the low skilled workers. Under the new system, employers will have to hold a ‘sponsor licence’ to employ all […]
Following concerns over a lack of migrant labour as a consequence of Brexit, the government is significantly expanding its Seasonal Workers Pilot, which was first announced in 2018, in order to boost the UK horticulture sector for the 2020 harvest. The scheme, which permits agricultural businesses to take on seasonal migrant workers from outside the […]
Buying a house is often one of the largest investments that we make, making it one of life’s most significant decisions. Given the importance of buying the right property, the process is regularly fraught with stress and pressure, and often over a period of months. It is, however, possible to limit the length of time […]
Dealing with a divorce is stressful enough but when farmers divorce there are usually additional considerations. It is not uncommon for both spouses to work on the farm, for their matrimonial home to be on the farm, for wider family members to work or live on the farm and for long working hours to be […]
Technology has always played a vital role in the agricultural sector and it should be no surprise that Smart Farming is due to increase significantly in the coming years given the needs of a rapidly growing global population, the requirement for increased yields and global warming threats. What is smart farming? A group of technologies […]
When two parents fall out, and use their child against each other, the court can step in and become the child’s official parents, assuming power over major decisions concerning the child’s life. Wardship may be an ancient form of proceedings, but it plays an important present-day role. In 2017 the Court of Appeal dealt with […]
The whole idea of getting up at 6am on a dark winter’s morning to ride out in the pouring rain can seem quite baffling to non-horsey people but this is a normal way of life for many. Your horse is a much beloved member of the family, perhaps more loved then some relatives, and whilst […]
If you are in the process of considering disposing of residential property on or after 6 April 2020 new rules introduced by HMRC mean that if any gain is made you are under a duty to report and pay the Capital Gains Tax within 30 days of the disposal. The disposal is the date the […]
In anticipation of World Hypertension Day, it is important to raise awareness about blood pressure monitoring and health benefits. High blood pressure is something some of us unknowingly live with. It is something that can go unnoticed as there are usually no symptoms. So, getting one’s blood pressure checked regularly is important. This may be […]
As a result of drastic unprecedented measures being implemented worldwide in response to the COVID-19 pandemic, millions of people in the UK are now required to work from home. This has caused considerable practical difficulties whilst executing and witnessing legal documents and the question of whether it is possible to enter into legally binding agreements […]
On Tuesday 5 May, the government made available the trial of the NHS contact tracing app (“test, track and trace”) to residents of the Isle of Wight as the first phase of a projected national roll-out by June. Making use of the app is voluntary. Users may download it to their smartphones to notify the […]
We have prepared a guidance note to assist employers through the uncertain times caused by the coronavirus outbreak. You will find answers to common questions below but if you have any concerns which are not addressed here then please do not hesitate to contact us.
In cases of road death the victim is not only the person who has died but also those that they have left behind trying to cope with the unexpected sudden loss of a loved one. After a road death the bereaved family are faced with tackling unwelcome legal issues of which they seldom have had […]
Are you applying for a loan under one of the Government backed schemes? If your application is successful your bank will provide you with legal documentation for the new facility it has offered. This documentation will set out your rights and obligations under the facility, including any potential personal liability. We understand that at the […]
We know that many of our clients have been eagerly awaiting further guidance from HMRC about whether tronc payments should be included in the calculation of wages for the purpose of the retention scheme. The guidance has been updated to confirm that “any tips, including those distributed through troncs” are not to be included when calculating wages. […]
NHS Continuing Healthcare is a package of care funded entirely by the NHS for individuals who have complex, ongoing needs. To be considered eligible for this type of funding, which is not means tested, an individual has to demonstrate that they have a primary health need, which means that their need for care and support […]
The Coronavirus Act 2020 amends key legislation in light of the current pandemic and aims to alleviate the burden on those areas which are most affected. Health and social care is an area that is under immense pressure and already scarce resources are being called on to help manage the impact of the virus on […]
What is an EMI Option Scheme? Away from the legal jargon, an option is just an agreement that gives someone a right to acquire shares at a point in the future. An Enterprise Management Incentive (EMI) option is a tax efficient option, structured in a particular way to meet specific criteria set by HM Revenue […]
The Coronavirus Job Retention Scheme online portal is now live and can be accessed through the Government Gateway. There is a step by step guide for employers to assist in making a claim through the portal which can be accessed here.
HMRC has just updated it’s guidance to confirm that the Coronavirus Job Retention Scheme will now be available until 30 June (instead of 31 May).
Further to the commencement of the new tax year last week, it is now necessary for an online capital gains tax (CGT) return to be submitted in certain cases where a building is disposed of. Where such a tax return is required, the submission deadline will be 30 days from the date of completion.
HMRC has published updated guidance about the Coronavirus Job Retention Scheme. This is the fourth version of the guidance since it was initially announced last month. Originally, to qualify for the scheme employees had to have been on an employer’s payroll on or before 28 February 2020. This meant a lot of employees who had […]
I recently came across a quote which said “in business, what you don’t get done today can be done tomorrow. But with family, what doesn’t get done today is gone forever”. None of us know what is around the corner and those personal tasks which may affect your family are too often put off. You […]
Over the weekend, HMRC published some much needed additional guidance about the Furlough Scheme (otherwise known as the Coronavirus Job Retention Scheme). We now know that:
From 6 April 2020, an employee who suffers the death of a child under the age of 18 or a stillbirth (after 24 weeks pregnancy) will be entitled to 2 weeks statutory leave from work. This right will only be available to employees and there will be no minimum length of service requirement. The leave […]
Section 1 of the Employment Rights Act sets out the right for an employee to be given a statement of terms of their employment. Such a statement contains key information such as holiday, salary, job roles etc. New legislation comes into force on 6 April 2020 relating to the rules around written statement of terms. […]
Quick and easy access to employment law data booklet. Following the announcement of our merger with Barlow Robbins, our data booklet which includes easily accessible brief employment law information, will this year be distributed a month later, in May. The data booklet includes the and limits for the upcoming tax year. As we know many […]
In current times many tenants are finding themselves in financial trouble and will be looking at ways to keep their business afloat. Rent and other lease costs will be one of the reductions they will be looking to make to reduce their outgoings.
What is the Coronavirus Business Interruption Loan Scheme (CBILS)?
As UK companies continue to deal with the ever-changing effect on day to day business as a result of Coronavirus (COVID-19), one of the challenges which companies may face is the impact of the closure of HM Revenue & Customs (HMRC) offices. This might be particularly challenging when faced with post completion matters following transactions […]
On 27th March 2020, the Government published the new Practice Direction 51Z – in relation to residential possession proceedings during the Covid-19 pandemic. It follows and should be read in conjunction with the Coronavirus Act 2020 emergency legislation (see our previous update here).
It is a very unsettling and difficult time for us all at the moment, but none more so than for separated couples who find themselves in self-isolation, either together or in separate homes. If this is you or someone you know, you may be wondering how you will ever be able to sort things out […]
Your personal safety is a priority.
Many couples have taken the romantic or maybe the practical decision to live together during the lockdown so they can still see each other. This may have been considered slightly premature in normal circumstances, maybe because your relationship is not a particularly long one or because you haven’t quite worked out how the bills are […]
Interim payments and rehabilitation, in personal injury claims, are of great assistance to those who have either suffered serious injury or have been bereaved. As a solicitor specialising in serious injury I am dedicated to achieving the best possible outcome for my client. Interim payments and rehabilitation help put injured people back on the road […]
The impact of Coronavirus has meant that many retailers and other businesses have had to close their premises or are suffering a severe downturn in business. As a consequence some are refusing delivery or delaying payment. Suppliers have been asking us for advice on how they can support their customers during this difficult time without […]
The Coronavirus Act 2020 came into force on 26 March 2020, and is a wide-ranging means of support to almost every sector during the coronavirus crisis. Amongst other things, the Act confirms that private tenants will not be evicted from their homes for at least three months if they are struggling with their rent during […]
The Home Office has released updated guidance to deal with individuals affected by travel restrictions associated with coronavirus (COVID-19). Tier 4 students affected by the coronavirus restrictions Tier 4 students are not normally permitted to undertake distance learning, however if they are forced to due to the current exceptional circumstances, this will not be considered […]
As the business upheaval of Coronavirus increases day by day, we have been approached for advice by a growing number of clients and contacts as to whether they (or another party) have legal grounds to end or suspend a contract in a bid to reduce expenditure. Accordingly, we hope that the following pointers will be […]
Now that we are in lockdown we have been advised that the courts are no longer proceeding with the traditional face to face hearings. Instead, we’re all getting used to the prospect of telephone, email or Skype hearings. We have to have some sympathy with the court who are bending under some pressure prior to this […]
As UK companies continue to deal with the staggering implications of Coronavirus, one of the challenges which directors may face is the requirement to finalise and file statutory accounts at Companies House within the filing deadlines.
The Coronavirus Business Interruption Loan Scheme (CBILS) is now available.
The Coronavirus outbreak will have a far-reaching effect on all aspects of life, including income and job security. Your business may be feeling the brunt of it, or your income may have taken a sudden turn as you’ve been asked to take unpaid leave; whatever the case you will be wondering how you can afford […]
Michael Gove had to apologise this morning on BBC Radio 4 for creating confusion over his comments on Good Morning Britain yesterday regarding divorced/ separated families and their child contact arrangements. He said yesterday that during “lockdown” children should not be travelling between separated parents. This is wrong.
The Government is offering further support for businesses and the self-employed in these uncertain times by allowing extra time for payment of VAT and income tax.
We are living in unprecedented times. The next 3- 6 months are going to be really challenging for us all.
The outbreak of COVID-19 (“the Coronavirus”) brings unprecedented times with it, and family law is one of many aspects of life that will no doubt be impacted by this. You may find yourself in self-isolation with your partner, ex-partner or soon to be ex-partner for what might be months wondering what now. You may find […]
On 20th March, the world will celebrate the International Day of Happiness, which is likely not going to be at the forefront of everyone’s mind in light of the current pandemic. This year’s theme is Happier Together, which is not to suggest people should ignore social distancing but instead, focus on what we have in […]
In these challenging and uncertain times many will be concerned about the adverse impact on their business and worried about their families, employees, customers and suppliers. This is a changing landscape and lots of new measures are being introduced, so take a moment to digest, reflect and access advice and support before making any big […]
While the current climate presents a number of serious challenges for businesses, there may also be new and positive opportunities arising.
Can I (or the other party) get out of an onerous contract because of coronavirus?
For those concerned about being able to pay their taxes as a result of coronavirus, HMRC has set up a helpline which you can call for help and advice on your circumstances – 0800 0159 559.
It will be increasingly likely that invoices will not be paid on time or will be disputed in some form and while there may be many reasons offered for the refusal to pay, the commercial effect is the same adverse cashflow.
The off-payroll working rules under Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 were due to come into force on 6 April, however the Government has announced it is postponing reforms of the off-payroll working rules due to the economic impact of Covid-19 (Coronavirus).
On 17 March 2020, the Chancellor issued an update in respect of a temporary financial package aimed at providing support for businesses.
What should you do if you and your household are self isolating, but your child[ren] are due to spend time with their other parent, or family member such as a grandparent over the Easter holidays?
On 11 March 2020, the new Chancellor, Rishi Sunak, delivered his first Budget. It was also the first Budget since Boris Johnson became Prime Minister in July, the General Election in December and the departure from the European Union in January. A lot has changed!
Like many of us who enjoy a gripping legal drama, I have recently enjoyed watching the second series of the BBC’s The Split. It has an extra appeal to me as a practising family lawyer and mediator myself! The main character is top family lawyer Hannah Stern, working for a London niche family law firm. […]
As coronavirus quickly develops from a local to a global threat, there are also increasing commercial concerns in relation to the ability of parties to perform contracts. In particular, the coronavirus outbreak is an illustration of the legal principles of force majeure and frustration which can, in the correct circumstances, excuse a party’s non-performance and/or […]
A key feature of a limited company under English law is that it exists as a separate legal entity. As such, the company itself assumes responsibility for its own debts and liabilities, rather than the directors and shareholders. However, there are specific circumstances in which directors and shareholders of a limited company can be found […]
New landlord electrical safety regulations means that private sector landlords will have to carry out mandatory five-year electrical safety checks to avoid facing fines – but non-compliance will not invalidate a Section 21 Notice or be a barrier to possession.
In a divorce or separation often one of the more contentious and emotive issues can be the question of who keeps the pet dog or cat etc. Pets are often regarded as a member of the family. They can provide companionship upon finding yourself without your spouse or partner, and, for adults and any children, […]
If you are an employee and your employer has just mentioned a ‘settlement agreement’, you are probably wondering what is being offered and what you should do.
The new Points-Based Immigration System will award points for an appropriate job offer, English language skills, and a salary threshold. The education threshold will be reduced to A-level (Higher Secondary School Certificate or equivalent) from degree level, and the general salary threshold is being reduced to £25,600 from £30,000. Applicants will be able to ‘trade’ […]
From 6 April 2020, new IR35 rules come into force which mean that medium and large private sector companies in the IT and Tech sector generally will now have to assess whether a person supplied to it by an agency is a disguised employee or a true consultant and notify agencies and the worker. Getting […]
Who are the child’s legal parents?
According to the Resolution Foundation think tank, one in four people over the age of 25 are beingpaid less than the minimum wage. The research also shows that the number of workers over the age of 25 has increased since the introduction of the National Living Wage in 2016 – from one in five prior […]
A legal secretary, Miss Munro, whose colleagues asked about her 50th birthday and sent her abirthday card, claimed she suffered age discrimination as a result.
There is now less than a month before we hear what Rishi Sunak disclosures in his first budget. Here are some of the predictions on what he might say which will affect farmers and landowners: Personal Tax: For farm and estate employees, the level at which they start to pay National Insurance rises to £9,500 […]
Couples who have a religious marriage in England need to be very aware of their rights otherwise, as history has now taught us, this can come back to haunt you. A religious marriage in England will not be treated as a legally recognised marriage unless it’s followed up by a civil ceremony. If you don’t […]
A transgender woman who claimed she was rejected for a job as a temporary sales assistant withDebenhams has received a £9k settlement. Ava Moore was invited for interview which was said to have gone very well. She was thought to have all the skills and experience needed for the job as well as being able […]
In one of the largest ever surveys of its kind to be carried out, the Government EqualitiesOffice is surveying thousands of victims of sexual harassment as the government continues to address the issue of harassment in the workplace. Wanting to strengthen protection for workers, the government has issued a survey to 12,000 workers, inviting them […]
Liz Earle beauty company has admitted to falling “short of our standards” after they were ordered to pay £17k to a pregnant employee who was made redundant. Helen Larkin, who had worked for Liz Earle for five years, was eight months pregnant when she was given two weeks’ notice of her redundancy. After unsuccessfully applying […]
One of the BBC’s most high-profile presenters, Samira Ahmed, has won the equal pay tribunal shebrought against the broadcaster. Ahmed, as presenter of BBC’s Newswatch, was paid £440 per episode. Yet Vine, as presenter of Points of View, was paid £3,000 per episode. Claiming that these were like-for like roles, Ahmed claimed to have been […]
It might seem impossible but Valentine’s Day and divorce have one thing in common; they can be the beginning of something new, the next chapter in someone’s life. People going through divorce will often ask whether they can and should date other people while divorcing their ex-spouse.
Pre-nuptial agreements (“pre-nups”) have become more popular in recent years, but they are not just for the rich and famous. Following the marriage proposals at Christmas and on Valentine’s Day, and the ladies who proposed on 29th February, more and more couples may now be turning their minds to having a pre-nup as well as […]
The end of a relationship is a difficult time, but it’s important not to rush into decisions.
At the end of last month the All-Party Parliamentary Group for Inheritance & Intergenerational fairness (APPGIIF) published a report which recommended a complete overhaul to the inheritance tax (IHT) system. It should be noted that the APPGIIF is an informal group, and whilst is contains members from both the House of Commons and House of […]
More and more people are giving up either work or taking time to care for an elderly relative, something that isn’t always easy emotionally or financially. Many people face the dilemma of not wanting a stranger to look after their relative, yet for financial reasons are unable to care for that relative themselves. As such, […]
For most of us, the biggest asset we will own in our lifetime is our home.
Once the UK leaves the European Union (EU), a new immigration system will be introduced to replace the EU’s freedom of movement rule. The government favours a “points-based system” which can take different factors like skills and language into account when awarding visas. The Migration Advisory Committee recommended the use of points – earned on […]
The most frequently asked questions from our clients in a civil partnership.
Two new pre-action protocols were introduced on 13 January 2020. These were a new and revised pre-action protocol for possession claims by social housing landlords and a new pre-action protocol for housing condition cases in England. The new Pre-Action Housing Condition Protocol brings small changes to fully incorporate the Homes (Fitness for Human Habitation) Act […]
When couples separate or divorce they need to sort out how they are going to divide their finances, and the arrangements for any relevant children. Sometimes couples are able to resolve things amicably between themselves but often some professional input and support is needed. There are different ways that divorcing couples can resolve their financial […]
Frequently separating or divorcing partners / spouses want to sort out the division of their finances and/or the arrangements for any relevant children in family mediation but they are worried that their husband / wife / partner may not want to. One partner / spouse would like to mediate as it provides a way for […]
In a landmark case in 2018, a heterosexual couple won the right to enter into a civil partnership. This resulted in a change in the law and, as of 31st December 2019,heterosexual couples who want to legally formalise their relationship can choosewhether to enter into a civil partnership or marry. So, how do you decide […]
Social media has revolutionised the way people communicate. With people increasingly creating andsharing content online, the nature of that communication has changed too. As people use social mediaboth inside and outside of the workplace, this can present a unique set of challenges for employers. Under UK law, employers are vicariously liable for the acts carried […]
What is mediation?
All limited companies must have articles of association. They are a publicly available document setting out the rules that officers and shareholders must follow when running companies. Model Articles are the standard default articles prescribed by the Companies Act 2006 (the “Act”) and replaced Table A from 1 October 2009. It is increasingly common for […]
At the start of every year it’s natural to look back and consider not only what’s been achieved, but also what needs to happen in the next year. As a private wealth lawyer, I encourage my clients every year to use this time to consider whether their Wills, tax planning and general financial arrangements are […]
What is arbitration?
Along with the pledge to get healthier, this time of year sees many couples decide that the New Year is going to bring them a fresh start in their home and family life. The thought of starting the process of divorce can be overwhelming and frightening – but much like fad diets, do all divorces […]
Sometimes when a couple divorces it is important to consider which country should and can deal with the divorce. This might be relevant if you were married, for example, in another country but then moved to live here. This might also be relevant if one spouse has moved abroad on the separation. If there a […]
Not long after the dust had settled on the World Cup, Lord Dyson recently ruled that the rugby club Saracens should be docked 35 points and fined £5,360,272.31 for breaching the salary cap imposed by the English Premiership. The fine is the maximum a club could receive and the implications on the sport of rugby […]
As part of my role at Moore Blatch, I have been asked to be part of the firms ‘Women in Leadership in Law’ group which has been setup to address the longstanding issue of the under representation of women in positions of leadership within the law. The reason I was asked to be a part […]
Many roles in the UK require employees to live close to their place of work. Sometimes, employees are required to live on site. In these circumstances, it is not uncommon for an employee to be offered accommodation as part of their overall work package. If you are considering providing accommodation for your employees, it is […]
An employee who was a victim of a £200,000 email scam has been told she does not have torepay £108,000 to her employer.
There are many myths about joint accounts, especially concerning what happens if something happens to one of the joint account holders.
What happens when you can’t manage your financial affairs due to ill health and nothing has been put in place?
With symptoms including hot flushes, mood swings, anxiety, difficulty sleeping and feeling lethargic,menopause can be a difficult time for many women.
Can I claim on my partners’ house?
Inheritance Tax (IHT), quite often called a voluntary tax, remains an emotional topic. Every person has an allowance, also known as the Nil Rate Band (NRB), before IHT becomes chargeable. Since 6 April 2009 this amount, has been set at £325,000. However, for married couples the position is slightly better as assets can be passed […]
The European Court of Justice (ECJ) recently heard two combined Finnish cases concerningemployees who hadn’t been able to take full annual leave due to sickness absence.
As 2019 draws to a close it’s worth looking ahead to those employment law changes coming intoforce next year.
The Information Commissioner’s Office (ICO) has published new guidance about ‘special categorydata’ for persons with data protection responsibilities in larger organisations.
A primary school headteacher who was sacked for having sex with two 17-year-old boys has wonnearly £700,000 in compensation.
There is a lot of buzz around the new IR35 legislation that is due to be introduced in April 2020.
The recent decision in The Manchester Ship Canal Company Ltd v. Vauxhall Motors Ltd [2019] has expanded the Court’s jurisdiction to grant relief from forfeiture to licences deemed to give rise to possessory rights over land. The Facts Vauxhall Motors has a factory at Ellesmore Port, Cheshire, on the banks of the Manchester Ship Canal. […]
I put pen to paper after having weaved around a number of potholes and noted that they are increasing in frequency. As responsible road users we do our best to plan ahead to avoid hazards on the road but what is the legal position if your vehicle or cycle sustains damage and/or you suffer injury […]
The most frequently asked questions from our clients going through a divorce.
Are you thinking about popping the question this Christmas? Or do you think your partner may ask you? If it looks like engagement is on the horizon, many congratulations!
The recent discovery by Lloyds Bank of more than 9,000 forgotten Wills, which it had retained for ‘safe custody’, highlights the dangers of failing to ensure the Will being administered is in fact the last Will made by the deceased. In the Lloyds case, the bank had failed to ensure that thousands of Wills were […]
If you are considering giving a gift to a loved one, you should be aware of the myths that exist which could lead to your gift not being deemed ‘valid’, the consequences of which can be expensive.
There are a countless number of decisions parents need to make for their children throughout the course of their lives. One of the most important being which school your child attends – which primary school and which secondary school. Children also often look to their parents for advice regarding higher education as well.
If you are planning on selling your company, at some stage in the process you will be asked “Do you know where the company’s statutory registers are and are they written up-to-date to show the current shareholders?” An increasingly common response to this is “Everything to do with the company and our shareholding is shown […]
The purpose of a civil law claim for personal injury compensation is, as far as possible, to put the injured person back into the position they would have been had the incident not have occurred in the first place. After all, would you expect anything less if you had sustained a serious injury through no […]
The Conservatives are planning to introduce a “NHS visa” as part of their proposals for an Australian style points based immigration system should they win the general election. The aim is to ensure that the NHS is able to source overseas doctors and nurses once EU free movement comes to an end post-Brexit. The Home […]
If you are involved in a non fault road traffic collision where you have sustained serious injury then you are entitled to expect the driver at fault to be insured so that their insurance company can invest in your medical rehabilitation, or in the case of a fatal road collision to provide an early interim […]
If you are involved in a non fault road traffic collision where you have sustained serious injury then you are entitled to expect the driver at fault to be insured so that their insurance company can invest in your medical rehabilitation, or in the case of a fatal road collision to provide an early interim […]
Since 5th December 2005 it has been possible for members of the same sex to enter into a civil partnership, whether or not there is any romantic or sexual element. Civil partnerships are governed by very similar rules to marriage regarding their formation and dissolution. For example, close relatives cannot enter into a civil partnership. […]
Bentley 1962 Limited and another v Bentley Motors Limited The High Court has recently handed down a decision in a long-running trade mark dispute between commercial organisations of very different sizes and reputations. The Court has held in favour of a small clothing company (Bentley 1962 Limited) and found that its word mark Bentley registered […]
When the decision is finally made to sell a business, the prospect of receiving the full consideration often outweighs anything else meaning that sellers tend to look for a quick sale. However, a corporate transaction can be an intricate process with complex issues at stake and parties on both sides looking to achieve the best […]
Equity financing is a way of raising funds from investors to finance your company and its business. Companies are able to allot or issue new shares, whereby a new or existing shareholder subscribe for additional shares in a company and pay a price for those shares, usually at a premium. The Companies Act 2006 (the […]
Many people want to give gifts to family and friends during their lifetimes. Not only does this mean that you can see loved ones benefit whilst you are alive, it can also reduce the value of your estate for inheritance tax purposes. However, the rules surrounding lifetime gifts and estate planning are complex. If you […]
When it comes to considering the horrors of life and the risk of being haunted by poor decisions, an often overlooked area is the need to plan for death. It’s understandable as no-one likes to think about their mortality, but also clients often don’t realise the real harm that can be caused to families as […]
The Government has issued a Consultation Paper entitled “A New Deal for Renting”, seeking views on how to implement its decision to abolish Section 21 of the Housing Act 1988 and to improve the implementation of Section 8, grounds for repossession. It concentrates specifically on the circumstances in which landlords should be able to regain […]
With Halloween often falling on or around the first half term of the school year, this is usually the first break parents and children enjoy after the summer holidays. A bit of trick or treating can be ideal for letting children blow off some steam. However, for parents that are separated, who has the children […]
On 25 June 2019 HMRC issued updated guidance on the meaning of ‘garden and grounds’ for the purposes of Stamp Duty Land Tax (SDLT). In considering whether or not a mixed-use rate of SDLT can apply to the purchase of a country house, questions are commonly raised by HMRC on the extent of land at […]
There are many ways of putting redundant agricultural buildings back into use. Diversification can help stabilise the farm across the calendar year and boost income. At Moore Blatch we regularly advise clients on diversification, which can range from barn-to-office conversions for activity farms, to more ambitious schemes such as holiday parks.
Our insolvency & restructuring team sits within our Rural Sector team, working to warn farmers and encourage them to seek advice on potential cash-flow issues relating to the change in their grants and subsidies before restructuring or changing their businesses.
Dealing with a divorce is stressful enough, but when farmers divorce there are usually additional considerations. It is not uncommon for both spouses to work on the farm, for their matrimonial home to be on the farm, for wider family members to work or live on the farm, and for long working hours to be […]
More and more people are giving up either work or taking time to care for an elderly relative, something that isn’t always easy emotionally or financially. Many people face the dilemma of not wanting a stranger to look after their relative, yet for financial reasons are unable to care for that relative themselves. As such, […]
This visa is for leading individuals in the fields of science, humanities, engineering, the arts and digital technology. It has a 2 step process and it is known for its complicated application process. The first process is to make an application for endorsement to the relevant competent body in the applicant’s field. Once that is […]
The New Forest National Park has adopted a new ‘Local Plan’ containing stronger policies to help safeguard the Forest’s landscape and natural beauty, yet incorporating policies to meet the needs of local people.
For anyone requiring long-term care the impact on family can be devastating, but for farmers it can affect their business as well as their home life – and often the two are intertwined. The financial implications of a farmer unable to work the land, or a family carer having to run the farming business at […]
Moore Blatch has recently responded to the Defra Consultation paper on proposed reform of agricultural tenancy legislation, based on our wide experience of tenanted agricultural land, acting both for landlords and tenants.
The High Court has recently confirmed that receivers appointed over individual borrowers can issue possession proceedings against those borrowers. Until now there has been no conclusive authority on this point upon which receivers, lenders and borrowers could rely. Menon v Pask [2019] EWHC 2611 (Ch) The case itself stemmed from familiar facts. Mr and Mrs […]
Hook and another v. Hawkins [2019] UKUT 147 (LC)
A casual worker is entitled to paid holiday, and their entitlement pay is calculated pro rata by reference to the hours they work. The law on this calculation has developed and recently become complex. If a casual worker believes they have not been paid correctly for their holiday entitlement, they may bring a claim in […]
As a child, I was always encouraged to collect – be it stamps, postcards or old books – and as an adult that passion for collecting antiques and works of art has continued. There is nothing like the thrill of hunting down that one rare piece at an auction or antiques fair to add to […]
It seems that these new visa’s which were introduced earlier this year are very difficult and hardly anyone is able to meet the requirements. It has been reported that very few applications have been approved. There are calls to make the system a lot easier. It seems that many migrants are continuing to come under […]
Harpur Trust v Brazel [2019]
An ex-Tesco manager, who said she was “left in the dark” about changes to her role and subsequently suspended for not accepting those changes, has won her case for unfair dismissal.
European Temporary Leave to Remain (Euro TLR) is a temporary UK immigration status that will allow EU, EEA and Swiss citizens who move to the UK after Brexit to continue living, working and studying in the UK after 31 December 2020. Applicants will be able to live, work and study in the UK as they […]
Conisbee v Crossley Farms Ltd and others In an intriguing case, the Tribunal considered whether vegetarianism is a belief, and therefore a protected characteristic, or a ‘lifestyle choice’. Mr Conisbee, the claimant, resigned after being told off for not ironing his shirt. As he’d only been employed for five months, he didn’t have the requisite […]
Upton-Hansen Architects v Gyftaki
In an “unusual” move, a tribunal has ruled that a supervisor (as opposed to the employer) should pay a Claimant compensation. During a car journey, the supervisor made several racist remarks to the Claimant. The Claimant then told his manager what had happened, saying that as he considered the supervisor a racist, he didn’t feel […]
As World Cerebral Palsy Day approaches on 6 October 2019, Moore Blatch support all those with cerebral palsy, and call for early intervention and support for those families affected by this condition which can have a wide range of impact. From our position as clinical negligence solicitors, we work with those affected by cerebral palsy […]
The Court of Appeal has found that NHS Trust’s monitoring of working hours and rest breaks was flawed, and junior doctors could be owed £250,000 in back pay.
New laws banning the use of non-disclosure agreements (NDAs) in cases relating to sexual harassment, racial discrimination and assault are set to be introduced by the Government. NDAs related to these cases will be legally void.
There is no one size fits all when it comes to divorce. Every situation is different from the next and some people may find a different approach works best for them but ultimately, everyone has the same goal; a quick and amicable separation. 1. Firstly, consider whether reconciliation is worth exploring. Reconciliation may not seem […]
The main change will be the amendment of the Shortage Occupation List, with many roles being added to the list and some removed. One advantage of a role being on the Shortage Occupation List is that no Resident Labour Market Test is required when advertising it. Another big advantage of a role being on the […]
A government consultation, which ends this month, could mean that workers’ actual hours are written into their contracts and that last-minute shift cancellations are compensated for.
Contrary to popular belief, nobody has an automatic right to manage someone else’s finances, even if they are related, married or in a civil partnership with them.
The outstanding progression of technology in the 21st Century has resulted in the phenomenon known as ‘the Internet of Things’; whereby devices can connect via the internet in order to communicate not only with us, but also with each other. The aim is to create a smarter way of life. Many devices are already available […]
There will apparently be a new UK post-study work visa for Tier 4 visa international students graduating from British universities. It will be available for two years from 2020, the government has announced.
The FTAdviser reports this week on the risk of litigation if a financial adviser has failed to consider all of the possible options for funding an individual’s care fees, including NHS Continuing Healthcare. Care fees can be expensive, particularly where an individual requires more complex interventions, or an intense level of support. Where they have […]
Imagine that your wedding is just a couple of months away – the happiest day of your life – and your lawyer friend says you should be thinking about your divorce. For most engaged couples, thinking about divorce before you’ve even tied the knot might seem somewhat depressing. However, pre-nuptial agreements can establish a sounder […]
All this week is Blood Pressure UK’s ‘Know Your Numbers! Week’ which is about raising awareness of the importance of blood pressure monitoring and health benefits. High blood pressure is something some of us unknowingly live with. It is something that can go unnoticed as there are usually no symptoms. So, getting your blood pressure […]
You may have seen coverage on BBC South this week regarding Open Sight Hampshire’s petition to make it mandatory for all children to have an eye test before starting school. Open Sight, Hampshire’s principal charity for the visually impaired, have explained the reasons for the petition as follows: “Shockingly, 12% of children in the UK […]
It is not uncommon for spouses to be worried that their ex will try to hide assets, or lie about the true extent of their income or investments, when it comes to a financial settlement alongside divorce proceedings. This can particularly be a worry for, typically, a wife who has been a stay-at home mum […]
Family breakdown is never easy, especially when coming to an agreement regarding children and finances. This is compounded if you find yourself going down the route of litigation. If you do find yourself in this situation, you will want to do all you can to avoid going to court, not least as the court process […]
Rudd v Bridle Following the arrival of GDPR there has been a notable increase in the number of subject access requests (SARs) whereby individuals have made formal requests to receive details of the personal data held on them by a business. As these requests can be time-consuming and expensive to deal with, it is no […]
Here at Moore Blatch, we love wealth protection – so it always raises a smile when others are equally fascinated by the topics we adore. Thanks to Radio 4’s The Archers, it seems the whole country will be riveted by such issues for a few weeks to come. The stability of Bridge Farm is where […]
Forbes v LHR Airport Ltd
Tillman v Egon Zehnder Limited.
Following the abolition of tribunal fees in July 2017, the demand for early conciliation services hascontinued to increase. The ACAS annual report shows a 20% increase in requests in the past year,2.9% of which came from employers.
In the biggest fine to date from the Information Commissioner’s Office, British Airways (BA) has been fined £183 million for a widely publicised customer data breach, whereby users of their website were diverted to a fraudulent site and their details were harvested by hackers.
Wanting to reduce ill-health related job loss in the UK, in July this year the government launched aconsultation entitled “Health is everyone’s business: proposals for reducing ill health-related job loss.”
During last month’s scorching heat wave, the Trade Union Congress (TUC) called foremployers to let staff work flexible hours or work remotely in a bid to help them cope withthe heat.
Pregnancy or maternity discrimination is illegal under the Equality Act, yet up to 54,000 women ayear still feel forced out due to discrimination on these grounds.
In May, the Migration Advisory Committee (MAC) published its full review of the Shortage Occupation List (SOL), the first time the SOL had been looked at in six years. MAC recommended that they add more IT roles within the list for example, business analyst, systems designers, programmers and software development professionals. What does this mean? […]
There is no automatic right to compensation following a road traffic collision. It has to first be established that the third party driver is at fault, and then you need to prove what losses flow from the collision. In this blog I look at what you can do to help yourself prove fault following a […]
What you need to know about taking children abroad after separation The Ashes test series has begun, the sun is shining; summer is here. Attentions naturally turn to holiday. But there’s a word of warning if you are divorced or separated – you must have written permission from your former partner before you take the […]
Deciding to appoint a deputy for health and welfare for your family member will always be a difficult decision. The Court has been reluctant to make appointments reserving these for only the most ‘difficult’ cases. In this post we consider the guidance given by the court on this issue and how recent case law has […]
As Boris Johnson settles in to his new residence at No 10 Downing Street with girlfriend Carrie Symonds it seems that they may just be the first ever cohabiting couple to move in. Is this just another subtle sign that society is starting to accept and recognise cohabiting couples as equals to our married counterparts? […]
If you receive a financial contribution towards your care fees, either as a result of NHS Continuing Healthcare funding, or as a result of a financial assessment undertaken by the Local Authority, your needs should be assessed regularly. While legislation governing the assessment process and entitlement to these types of funding differs, the basic principle […]
Marriage has become a more inclusive term over the past decade with the introduction of the Marriage (Same Sex Couples) Act 2013, which made gay and lesbian marriage possible. This has been praised by many as a victory for equality, something many will think about as London Pride approaches on 6th July. At first glance […]
There are suggestions that the next Prime Minster should lower the salary threshold from £30,000 to £20,000. Industry experts believe that this will avoid skills shortages. Currently any non-EU citizen working in the UK must earn at least £30,000, but under current proposals this will be extended to EU citizens after Brexit. Many UK industry […]
Earlier this month the Office of Tax Simplification (OTS) published its second and final report in relation to its review into inheritance tax (IHT). As a brief reminder, the first report, as published back in November 2018, looked at the administration side of IHT. This second report focuses on the design and calculation of IHT, […]
There will almost always be a time limit for you to have either settled a claim for personal injury compensation or to have started formal court proceedings. The safest approach is to instruct a solicitor shortly after the incident who can then advise you on the applicable time limit for bringing a claim in your […]
Boris Johnson has recommended that we move towards an ‘Australian style’ points based system. We already have a points based system in the UK so how would this differ from the Australian one?The Australian system is based upon scoring according to a list of criteria such as language, ability, age, competency, professional qualifications and industry […]
The Information Commissioner’s Office (ICO) has published its intention to fine British Airways £183.39 million under the General Data Protection Regulation (GDPR) for serious breach of data protection. This fine is significant as this is the largest fine the ICO has ever issued; under the preceding Data Protection Act 1998, the maximum fine the ICO […]
Marriage has become a more inclusive term over the past decade with the introduction of the Marriage (Same Sex Couples) Act 2013, which made gay and lesbian marriage possible. This has been praised by many as a victory for equality, something many will think about as London Pride Parade approaches on 6th July. At first […]
ICTS Limited v Visram.
Baldeh v Churches Housing Association of Dudley and District Ltd.
The Employment Tribunal (ET) has ruled that it is not unlawful to compulsory retire professors,if their retirement helps to boost diversity.
A recent ruling by the Court of Appeal (COA) has clarified the differing purposes of sharedparental leave (ShPL) and maternity leave.
Recent case law and statutes have reiterated time and again the importance of the child’s welfare. How does this link with parental responsibility? Parental responsibility is defined as the ‘rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. Here, there is […]
Theresa Georges v Pobl Group Ltd.
The shortage occupation list (SOL) needs to include other occupations. MAC has published its review of the SOL following an extensive period of consultation. The last SOL was reviewed in 2013. The advantages of being on the shortage occupation list are as follows: Not having to conduct a Resident Labour market test. Exemption from the […]
Atholl House Productions Ltd v HMRC.
The government has confirmed its intention to introduce parental bereavement leave and pay.
On 20 May, a 10-minute Rule Bill was introduced in the House of Commons to extend redundancy protection for women and new parents. This is further to the publication of the Women and Equalities Select Committee (WESC) support for the proposal on 1 May.
Recently, lawyers, judges and social workers have become increasingly aware of parental alienation. It is however just as crucial for parents to also recognise when this is happening and why this might happen. Parental alienation can manifest itself in many different ways but ultimately it is where a parent has been pushed out of their […]
The Commons Home Affairs Committee said technical issues had ‘blighted’ the scheme with some struggling to navigate the online application system. MPS were not happy with the fact that European residents only get legal status post Brexit if they apply to it. Therefore, they need to take a active step, those who don’t do anything […]
Catastrophic injuries to the lower limbs can take many forms from complex compound tibia and fibula fractures to multi-ligamentous injuries of the knee joint including the medial collateral ligament (MCL), the lateral collateral ligament (LCL), posterior cruciate ligament (PCL) and the anterior cruciate ligament (ACL). Following a traumatic event such as a road traffic collision, […]
I have dealt with several cases where the biggest bone of contention (excuse the pun) was the family pet. In a particularly acrimonious matter I had suggested to my client that it would be cheaper to buy a new cat than instruct me to keep fighting for it. My suggestion did not go down well […]
Our first port of call is to fully understand the mechanics of the injury, and to use our experience of similar injuries to provide initial guidance, albeit we are not medical experts. With this information we will ensure that expert opinions are sought appropriately. For example, even with minor injuries to the frontal lobe, clients […]
Brain injuries sadly affect more lives in the UK than one may think. According to Headway, one of the UK’s leading charities offering support to those who have suffered a brain injury, there were 348,453 UK admissions to hospital with acquired brain injury in 2016-17. That is 531 admissions per 100,000 of the population. With […]
Parents might want to change their child’s name for a variety of reasons. Perhaps there is an absent parent or the child is being bullied, or perhaps the child wants to change his or her name.
Cross-party support for ICR review shows the time for change is now.
The Government’s seasonal workers pilot opened in March, to assess how effective the UK’s immigration system is in tackling seasonal job shortages.
With heavy weight boxer Anthony Joshua looking for a knock out against his opponent this weekend, we look at 5 common myths around separating and divorcing that also need to be knocked out of circulation for good!
UK and EU competition law prohibits anti-competitive agreements between businesses. There are heavy penalties for infringements. When setting up a distribution network, whatever the size, status or sector of your business, it is important to be aware of the main competition rules.
Separating from your partner or getting divorced can be traumatic and stressful. As a family law solicitor and mediator I appreciate the need to be sensitive to my clients’ emotional needs, but also those of their partner / spouse. Often I work in the collaborative process, or as a family mediator, with a family consultant […]
The rapid development of artificial intelligence (AI) and machine learning applications is seeing exciting new technologies being introduced to the market across a wide variety of sectors.
Whatever your views on Brexit, the ongoing saga is recognised in many quarters as being bad for UK Plc due to great uncertainty as to whether Brexit will actually take place, and if so, on what terms the UK will leave the EU.
Earlier this year, Google was fined £44 million (50 million euros) by the French data regulator for breaching the data protection rules under GDPR. To date, this is the largest fine issued since GDPR came into force.
We are seeing numerous transactions in the TMT sector, many of which are a consolidation of the market. Additionally, a number of these transactions are bolt-ons with businesses adding additional expertise.
It is easy to forget that invoices were once sent by post – a cheque was raised, dispatched by post, and delivered by the supplier to their bank to deposit. The bank would check and confirm the recipient’s name and the payment would be completed.
The press has recently reported that Paul Hollywood and his wife of 20 years, Alex, will be going to court to argue about the division of their financial assets. The press reports suggest that they had been trying to resolve matters in family mediation, but that this has now broken down so court proceedings are […]
Mental Health Awareness Week takes place from Monday 13th May to Sunday 19th May. It’s therefore a good time to consider how mental health can be affected by separation and divorce.
With the birth of the latest royal baby, Master Archie Harrison Mountbatten-Windsor, we have seen the first mixed race child born to a senior royal in centuries, a reflection of our modern multi-cultural society. As a family law solicitor and mediator, I sometimes come across disputes between parents from different backgrounds about the upbringing of […]
If the UK leaves the EU with no deal, we are now recommending that employers should at least consider sponsoring EU employees under Tier 2 of the points based system.
The aim of integrity, health and safety, and fair competition should apply to most, if not all, industries and therefore these vital disclosures should be encouraged, not punished.
Employee share schemes are increasingly common and increasingly seen as a cost-effective incentive for rapidly growing businesses in a range of sectors. We have recently seen some of the early schemes we helped to implement now come to fruition, which has been hugely satisfying. So why have employee share schemes become so common? We believe […]
In the case of North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal confirmed that an employer need not postpone a disciplinary hearing while an employee awaits the outcome of a police investigation.
The case of Grange v Abellio London Ltd will be of particular interest to employers as it confirms that non-compliance with (or a refusal to provide for) an employee’s entitlement to a rest break can result in an award of damages for personal injury.
In the recent case of Network Rail Infrastructure v Crawford, for workers deemed “special workers”, compensatory rest need not be an uninterrupted break for 20 minutes. This case concerned a railway signal controller, who had more than 20 minutes’ break available to him in an eight-hour shift but his breaks weren’t for a continuous 20 […]
In a recent landmark case that was hailed the ‘first public sector gig economy victory’, a group of art educators sacked by the National Gallery established “worker” status, despite the Gallery’s claim that they were self-employed.
In the case of De Groen v Gan Menachem Hendon, a teacher was sacked from an ‘ultra-orthodox’ Jewish nursery in London because she was living unmarried with her boyfriend. The nursery, Gan Menachem Hendon, dismissed Zelda De Groen for acting contrary to her employer’s “culture, ethos and religious beliefs”.
Following a recent compensation claim for £300,000 against Cancer Research UK by one of its employees during a staff party, employers may need to review the potential health and safety risks at social events, and think twice before throwing office parties.
A new Government online checking service is set to help employers comply with their duty to prevent illegal working in the UK.
Easter offers many parents an opportunity to take their children on holiday and the big question is often home or away? If you are a separated parent, the decision to take your kids abroad can be more complicated than it first appears.
The popular BBC programme “Who Do You Think You Are?” highlights how interested we have all become in our family trees. The number of daily visitors to genealogy websites like Ancestry has increased significantly over the last few years. Looking up your family history is now apparently the second biggest hobby in the USA after […]
Any keen golfer (or golf widow) will know that the prospect of teeing off and landing straight in the bunker can have catastrophic effect on your final scorecard. It is easy to get your separation or divorce off to a similar start by making a mistake that will leave you well over par and potentially […]
Separating from your partner can feel as though you are swept up in a never ending steeplechase with ‘money’ being the big prize on offer. But there are so many other considerations when separating and here are just a few of the options below:
The Government has introduced two new visa routes for entrepreneurs. The start-up visa, this visa is for those wishing to establish a business in the UK for the first time. Applicants will have an innovative, viable and scalable business idea which is supported by an endorsing body. The start-up visa is an expanded version of […]
Mother’s day, otherwise known as Mothering Sunday, is around the corner. It is often considered a day for children to show their appreciation to their mums, and if you’re lucky there may even be a homemade present. Mother’s day, just like Father’s day, can also be a point of contention when trying to sort out […]
The self proclaimed ‘worlds happiest separated couple’ Prince Andrew, Duke of York and Fergie (Sarah Ferguson), may tie the knot a second time. Will they also take the increasingly popular step of taking out a pre-nup? Although it may sound unromantic, pre-nups are not just reserved for royalty and super wealthy.
The New Forest National Park and Commoner’s Defence Association have launched the #grazingisgood campaign, which recognises the benefit commoning brings to the New Forest.
The issues in relation to retaining agricultural workers surmising rotting fruit mountains have been widely reported by the media. Talk of the new schemes, quotas and sponsor licences are incredibly confusing. We have demystified some of the rhetoric.
The announcement that Jennifer Lopez has become engaged to former US baseball player Alex Rodriguez has caught the public’s imagination. The couple, widely referred to as ‘J-Lo and A-Rod’ have been dating for two years. Their combined wealth is staggering: Jennifer Lopez is estimated to be worth an incomprehensible 400 million dollars, and her fianc√©, […]
Firstly I must say I cannot believe that I am drawing to the end of my training contract at Moore Blatch. The gruelling process of applying for training contracts seems a lifetime ago and I can safely say it was all worth it! In light of this, I wanted to share a small insight into […]
Professionals have insurance to protect them when accidents happen. If your local vet reversed their car into you, or you reversed your car into them, neither of you would feel embarrassed about shaking hands and passing over the respective insurance documents.
The recent case of Banner Homes Limited v St Albans City and District Council illustrates how the Asset of Community Value scheme can cause problems to development. In this particular case, a field was listed as an Asset of Community Value (“ACV”) – despite its use by the local community having been unlawful.
A year ago this month ‘The Beast from the East’ cold wave hit the UK, causing chaos up and down the country.
You can do more with your land than just farming it. Understand the options available and
As a result of new legislation, employers who engage staff on an hourly-rate basis need to be aware that, from 6 April 2019, the right to itemised payslips will extend to all workers, not just employees paid by the hour.
When you purchase property in the UK you will normally be subject to paying Stamp Duty Land Tax (“SDLT”) on the purchase. Generally, your SDLT is payable 14 days following completion of the purchase.
A brain injury can have a devastating effect and cause a wide range of different symptoms. In this article, Moore Blatch Associate Solicitor, Matthew Tuff, explores the most common effects and symptoms: Excessive fatigue This is a common symptom of brain injury. People often feel exhausted much more easily than they did before the accident. […]
Iceland Foods are in a dispute with HMRC over the company’s Christmas savings scheme.
At Moore Blatch, we regularly act for purchasers who are based in London and other urban centres who are looking to purchase rural homes and escape to the country. They may be relocating or looking to purchase a second property as an investment or lifestyle proposition.
In cases of road death the victim is not only the person who has died but also those that they have left behind trying to cope with the unexpected sudden loss of a loved one. After a road death the bereaved family are faced with tackling unwelcome legal issues of which they seldom have had […]
Gender pay: New legislation introduced in 2018 requires large employers (250 employees or more) to publish their overall mean and median gender pay gaps.
We are regularly being asked to report on the status of agricultural tenants who occupy land required for development by the landowner, whether access can be obtained by a promoter and buyer for site surveys and investigations; and for providing a strategy for delivering vacant possession of the land in question.
A Degloving injury is a severe injury where the outer skin becomes separated from the tissue underneath. Degloving injuries of legs, hands and arms are the most common. Degloving injuries of the head or torso are normally fatal. In this article, Moore Blatch Associate Solicitor, Matthew Tuff, discusses the causes of this particularly distressing injury […]
Headway South West London (HWSWL) is a dedicated charity that helps individuals with brain injury, and their families and carers, across the boroughs of Merton, Kingston, Sutton, Croydon, Richmond and Wandsworth. It provides monthly support meetings for brain injury survivors in Wimbledon, Richmond, Croydon and Balham, a free telephone advice service for social security benefits, […]
What is the definition of an orthopaedic injury? Put simply, an orthopaedic injury is any deformity/disorder/disease of the skeleton (bones) or its connecting structures, such as muscles, joints, tendons or ligaments. What are the levels of orthopedic injury? There are varying levels of injury to your bones from very serious to minor: Fractures Spinal deformities […]
The government has published the Employment Rights (Increase of Limits) Order 2019 which increases compensation limits for employees in various situations, applicable from 6 April 2019.
Problems and confusion can often arise where someone is occupying an area of land without any written basis for doing so. Subject to the facts surrounding their taking up occupation of the land in question, many people immediately assume that the person in occupation is trespassing. This is not always the case.
In the case of Tillman v Egon Zehnder Ltd, the Supreme Court is considering whether professional services firm Egon Zehnder unreasonably restrained trade by means of a covenant preventing its former employee, Mary Tillman, from taking a job with a competitor for six months.
Former Team-GB cyclist Jess Varnish brought an Employment Tribunal claim against British Cycling and UK Sport, with the aim of establishing that she was an employee of the organisation(s).
The case of Jones v Oven [2018] EWCA Civ 1895; [2018] 8 WLUK 105 looked at the effect of restrictive covenants on a transfer of land. The Claimant and the Defendant are neighbours and the case concerned a four metre strip of land (the “Strip”). This case is of note as it demonstrates that “retained […]
With so much uncertainty about Brexit, many employers are anxious about the status of their EU employees and employment in the future.
Farming succession is absolutely imperative to the success of individual farmers, but it is also integral to the overall agricultural picture in the UK. Factors such as falling revenue across the rural sector, increased competition from foreign competitors and the evolving nature of the ‘modern farmer’ all contribute to the importance of planning correctly for […]
In today’s decision in Perry v Raleys Solicitors, the Supreme Court has over-turned the Court of Appeal’s decision, and confirmed the County Court judge’s approach to Mr Perry’s ‘loss of a chance’ claim against his former solicitors. Mr Perry claimed that his former solicitors (who had acted for him on a personal injury claim arising […]
You may recall last year there were serious incidents reported regarding cervical and breast cancer screening programmes, when thousands of women were found not to have been sent invitations.
The Court of Appeal recently upheld a decision of the High Court that found Morrisons Supermarkets vicariously liable for the malicious and criminal actions of a rogue employee who intentionally damaged Morrison’s reputation by misusing the personal data of almost 100,000 Morrison employees.
Last week I blogged about the government’s newly announced Long Term Plan for NHS England which was introduced earlier this month.
Generally, the issues you face upon a divorce or separation are threefold: legal; emotional and financial. Mediation is a bespoke flexible process which can accommodate all skillsets needed to cover these issues.
As a family law solicitor and Law Society accredited mediator I regularly assist clients going through a separation or divorce in resolving their financial affairs and/or difficulties in the arrangements for the children. There are many benefits of choosing mediation to resolve these issues, some of which are as follows:
It is a relief to hear the ongoing Brexit saga has not entirely consumed all of the civil service’s time these last two years. This month, the government launched the NHS long-term plan to much fanfare.
Record numbers of people are formally assigning emergency decision-making to those they trust with a Lasting Power of Attorney. 726,000 people handed over control of their affairs to those they trust in 2016 alone and the figure has grown by 180 percent in the last 5 years alone.
The Supreme Court (“SC”) has clarified what amounts to “unfavourable treatment” for the purposes of a claim for discrimination arising from disability under section 15 of the Equality Act 2010 (“EA”). In Williams v Trustees of Swansea University Pension and Assurance Scheme the SC held that a disabled employee who was entitled to a pension because of […]
If the festive break has hardened your resolve to sell your business, these handy tips on what to do in advance of a sale may make the whole process easier – and secure you a better price.
There’s been a dramatic rise in Employment Tribunal claims since fees for bringing an employment claim were abolished in July 2017.
Employed parents will have a statutory right to two weeks’ paid leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy. The Parental Bereavement (Leave and Pay) Act 2018, which received Royal Assent on 13 September and is due to come into force in 2020, […]
In the case of East Kent Hospitals University NHS Foundation Trust v Levy, an employee in the Trust’s Records department successfully claimed for unfair dismissal following an unusual sequence of events.
Six out of ten women would take into consideration an organisation’s gender pay gap when looking for a job, according to the Equality and Human Rights Commission.
The supermarket Morrisons has failed in its challenge to the High Court that it be held liable for a security breach that saw the personal information of thousands of its staff posted online. The case, the first data-leak class action in the UK, follows the events of 2014 when Andrew Skelton, then a senior internal […]
On 10 October 2018, arguably one of the most highly anticipated court judgments of our time – in the so-called the ‘gay cake’ case – was declared by the Supreme Court.
An employer can be held liable for the unlawful actions of one of its employees if it takes place during the course of their employment. This is known as ‘vicarious liability’. ‘Employment’ is provided with a very wide meaning and can extend to social events that take place off-site and outside normal working hours.
It is World Diabetes Day on Wednesday 14 November 2018. Sadly Type 2 Diabetes is widely considered to be amongst the most pressing concerns in the NHS as prevalence levels continue to increase dramatically.
Benjamin Franklin said “by failing to prepare, you are preparing to fail” and that is never more than true in transactional work. As preparation is key to a smooth and ultimately successful acquisition or disposal, each quarter we will bring you some of our most important rules to follow leading up to that all important […]
In July 2016, the European Commission formally adopted Privacy Shield, a new framework for exchanges of personal data between the EU and US for commercial purposes. This means that Privacy Shield is approved by the EC as an adequate means of transferring personal data from the EEA to the US. This remains the position until the […]
The Network and Security Information Regulations 2018 came into force earlier this year. These regulations impose security, incident reporting and registration requirements on providers of essential services (water, energy, transport, health, and digital infrastructure) and on businesses that provide online services to operators of essential services.
During this year’s London Tech Week, a new visa route aimed at the tech industry was announced. The Start Up visa has been designed following advice from the Migration Advisory Committee (MAC) and feedback from the tech sector.
A recent case ‘Goodlife Foods Ltd v Hall Fire Protection Ltd’ has once again shown that the courts often place considerable importance on the availability of insurance in interpreting the validity (or not) of an exclusion of liability clause in a commercial contract.
In order to “fulfil the tax obligations of their workers” the Office for Tax Simplification (OTS) has asked the government whether online platforms such as taxi firms or food delivery businesses could deduct tax from earnings.
A family run innovation company, Morgan Innovation and Technology Ltd design, develop and manufacture innovative products in medical, defence and commercial industries. They are passionate about innovations that have a positive impact on society.
The recent introduction into UK law of the more stringent General Data Protection Regulation rules (GDPR) has certainly raised awareness of data protection and security. The Information Commissioner’s Office (ICO) has just announced a record fine in relation to a very serious breach that took place in 2017, which meant that the fine was imposed […]
The 11th October 2018 is World Sight Day (WSD), an annual day of awareness to focus attention on blindness and visual impairment.
Nearly 9 in 10 HR professionals have noticed that employees are spending longer at work than is required of them. This is thought to be a reflection of unmanageable workloads and employees feeling more insecure about their jobs.
Coming to terms with the fact that a doctor or hospital has been negligent in their treatment of you is often hard to deal with. Bringing a claim against the NHS, a GP or a private doctor can be a difficult decision for people and there is a misapprehension in the press that such claims […]
Following a national survey of LGBT people, the Government Equalities Office (GEO) has published the LGBT Action Plan: Improving the Lives of Lesbian, Gay, Bisexual and Transgender People.
‘Flowers V East of England Ambulance Trust’This case centres around a group of claimants who worked for East of England Ambulance Trust. Occasionally, they were required to work extra time at the end of their shift in order to complete a job such as caring for a patient or dealing with a call made to […]
Pizza Hut have been ordered to pay £15,800 to a schoolgirl who was working as a receptionist in a Pizza Hut delivery branch after she won her sexual harassment case against the firm.
‘Lancaster and Duke Ltd v Wileman’
‘Royal Mencap Society v Tomlinson-Blake’This case considered whether two care workers (Mrs Tomlinson-Blake and Mr Shannon) were entitled to national minimum wage for the whole time they were ‘on-call’ during the night, or just when their services were called upon.Finding in favour of the employer, the Court of Appeal decided that only the time spent […]
Last week the government announced a new nationwide pilot scheme for seasonal agricultural workers from outside EEA countries to come and work in the UK. The scheme is aimed at alleviating the chronic shortage of workers in the farming industry following Brexit. Workers will be allowed to stay for up to 6 months before returning […]
The Court of Appeal has recently ruled that an employer who failed to lodge an ET3 in response to an employee’s Employment Tribunal claim should still be able to make submissions in relation to the amount of damages to be awarded. The employee, Jane Hughes, issued a claim in the Employment Tribunal (‘the ET’) on […]
We all work in the rural sector so the basics of AHA tenancies under the Agricultural Holdings Act 1986 (AHA) should be familiar territory.
Rural and agricultural properties and Estates often have boundaries that are not clearly demarcated by physical boundary structures.
The New Forest was designated a national park in 2005 and is one of the most visited National Parks in the UK.
A Property & Financial Affairs Lasting Power of Attorney (LPA) can prove essential in helping to protect a farm should the farmer become unable to take an active role in its day to day activities, through old age, accident or mental/physical illness.
Becoming a solicitor is the dream of many, but too often there is a belief that there is only one path to achieve this. Here, Eman Hassan explores the different path she followed to become a qualified solicitor at Moore Blatch LLP.
Evercreech Park Farms Ltd was recently fined £16,000 and ordered to pay legal costs of just under £3,500 for a breach of the Work at Height Regulations 2005.
HMRC has confirmed that there has been a significant increase in the amount of Inheritance Tax (IHT) received in tax year 2017/18, with receipts increasing to approximately £5.2bn.
To lawfully obtain possession of residential property where the tenant has not voluntarily vacated (or surrendered possession), you will require a Court order granting you possession. If the tenant does not vacate the property on the date provided in that Court order, you will need to instruct a bailiff to attend the property to lawfully […]
You may have seen in the press recently the case in which the Supreme Court grappled with this question.
One of the principal areas of difficulty that arises for landlords when they seek to follow the s21 procedure to obtain possession of their property is how the deposit has been dealt with at the start of the tenancy agreement.
As was widely-reported and subsequently consulted upon by the Department for Communities and Local Government earlier in the year, the Government’s announcement in its 2016 Autumn Statement that letting agents’ fees would be banned is coming to fruition. 1 November 2017 saw the draft Tenant Fees Bill introduced to Parliament.
From April 2018 it is now a legal requirement for all new private tenancies to be of properties with an EPC rating of E or higher.
Goodlife Foods Limited v Hall Fire Protection Limited This decision has once again shown that the courts often place considerable importance on the availability of insurance in interpreting the validity (or not) of an exclusion of liability clause in a commercial contract. It also shows the courts being generally supportive of businesses limiting liability through […]
We are frequently contacted by individuals wanting to confirm if we are holding a family member’s will.
The case of Mbubaegbu v Homerton University Hospital considered when dismissal for misconduct without prior warning can be reasonable. It considered whether when multiple issues arise (even if individually they are not gross misconduct) they could collectively be deemed as misconduct.
In our last monthly update we commented on the case of Ali v Capita Customer Management Ltd. This case concluded that it was not discriminatory to pay a woman on maternity leave an enhanced rate of pay, compared to a man taking shared parental leave.
The Government Equalities Offices has recently published new guidance on Dress Codes and Sex Discrimination. In summary:
The case of Newcastle Upon Tyne NHS Foundation Trust v Haywood considered the matter of when the notice of termination takes effect if an employment contract is silent on when notice is deemed given.
With effect from 6 April 2019, every worker will have the right to an itemised pay statement. This must be at or before the time at which any payment of wages or salary is made.
Since the age of 18, I have always had an interest in wine. Not just the drinking of it, although I do enjoy that part, but also the laying down and collection of fine wines.
The pay gap for disabled workers is at its highest since 2013, and disabled workers now earn on average £1.50 less an hour than those without a disability. This is the highest pay gap since the government began publishing comparable data in 2013.
It is a principle of public policy that the law should not allow offenders to benefit from their own crime; the forfeiture rule derives from the common law precedent that a person criminally responsible for another’s death cannot benefit from their estate.
As a recent addition to Moore Barlow, when joining I was asked by family members “What firm are your joining? How long has it been in existence? Who, indeed, are Moore and Blatch?”
Uber recently announced that it would be providing insurance cover at no extra cost to its drivers over Europe. It is also giving drivers insurance backed protection when not working (i.e. out of driving hours) such as for sickness, having a baby or jury duty.
Local authorities in England and Wales are able to designate specified areas within their jurisdiction for selective licensing schemes. Landlords need to be aware of and understand their obligations in respect of selective licensing, as if the requirements are not complied with there can be significant consequences.
Self-employed plumber Gary Smith has won his case against his former employer, Pimlico Plumbers. The case concerned whether Gary was entitled to working rights.
As life gets more complicated, so do the financial affairs that need to be settled after death. This is a difficult time even for the most able among us, and therefore expert advice is invaluable.
What is a Section 21 Notice?
The General Data Protection Regulation (“GDPR”), which came into force on the 25 May, needs no introduction. You probably know that it is a European law which governs what we can and can’t do with people’s personal data. It will apply directly to us and will be incorporated into our laws post-Brexit by the Great […]
A new study carried out by the University College London performed between 2005 and 2014 analysed data of 5 million births.
We recently attended an appointment at the Home Office with one of our Windrush clients who has been considerably affected by the Government’s immigration policy. We have been supporting this client for a number of years, whilst he tackled job loss and homelessness, after losing his passport with his Indefinite Leave to Remain stamp.
If you rent property to a tenant under an assured shorthold tenancy agreement and the tenant is in breach of a term of the tenancy agreement, you may be able to serve a notice pursuant to section 8 of the Housing Act 1988 (“s8 notice”) requiring possession of the property.
As part of its plans to tackle the UK’s housing crisis the government has of late been concentrating on the private rental sector and is now focussing on the agreements most commonly used by that sector: the assured shorthold tenancy agreement (“AST”).
There are different rules for termination of assured shorthold tenancies granted before 1 October 2015 to those granted after, when seeking to terminate by way of notice pursuant to s21 of the Housing Act 1988, i.e. the contractual term has expired.
It is no secret the NHS is in slipping deeper and deeper into financial crisis – more so now than ever before in its 70 year history.
On 5 April 2018, the Land Registry registered the first digitally signed mortgage deed.
You will be aware from our EMI Option Scheme update found here that there was a lapse in the State Aid Approval for the extension of the EMI tax reliefs scheme, which expired on 6 April 2018. HMRC advised against the creation of new EMI Option Schemes from 7 April 2018 as the lapse in approval meant the tax […]
When you commence a new relationship or get engaged protecting your assets is probably not the first thing on your mind. Whilst it is unromantic it is, however, a good idea to consider the following protective measures you can take to try to protect your assets. This is particularly the case if there is a […]
In a few weeks, data protection rules across Europe will experience their biggest change in the last 20 years. On 25 May 2018, the Data Protection Bill 29017 (that incorporates provisions of GDPR) will come into force in the UK. It will change how businesses and public sector organisations can handle the information of their […]
The Care Funding crisis has been a topic of debate for quite some time. Despite the government’s commitment to ‘put the state-funded system on a more secure and sustainable footing‘, extensive media coverage and various reports, effective progress towards tackling our overburdened health and social care system remains to be seen. The pressure is caused […]
The Mental Capacity Act 2005 (MCA) is a defining piece of legislation designed to protect and empower vulnerable people who lack capacity to make their own decisions. The Act and Code of Practice should be followed at all times to ensure that vulnerable people are supported as far as possible when making decisions in their […]
The Government has published new guidance for undocumented Commonwealth citizens, Amber Rudd has resigned and Sajid Javid has been appointed the new Home Secretary, but will these policy changes and grand gestures actually help Windrush children?
Anyone who receives a financial contribution towards their care fees, either as a result of NHS Continuing Healthcare funding, or as a result of a financial assessment undertaken by the Local Authority, ought to have their needs assessed regularly. While legislation governing the assessment process and entitlement to these types of funding differs, the basic […]
This April saw the most significant change to the taxation of termination payments in many years. The intention of the change is to tax payments for unworked notice as though the notice had been worked, though the details of the implementation are inevitably more complicated than that.
It’s less than 12 months since the Employment Tribunal fees were scrapped and already claims are up by 90%.
More than 1500 companies who employ over 250 people failed to report their gender pay gap results on the 4th April. While for many businesses it was a bit of a damp squib, those that failed to report could face a tougher time, not least because failure to report is a breach of the Equality […]
We have just seen the lowest unemployment figures since May 1975, but despite this positive outlook, in many parts of the country the High Street is suffering. Already in 2018, according to the Press Association, 21,413 staff have been made redundant or had their role threatened – the bulk of these losses being at established […]
The Equalities and Human Rights Commission has identified widespread failures by employers to set out sufficient processes and policies on sexual harassment.
The Court of Appeal has released judgment in the case of Waggott v Waggott saying no it shouldn’t and dismissing the wife’s appeal.
Following the case of Mirvahedy v Henley in 2003, it is well known that if an animal causes damage to a property, the animal’s owner may be strictly liable for damages under the Animals Act 1971.
Ahead of the implementation of the GDPR on 25 May, Facebook and its relationship with Cambridge Analytica could set a quasi-benchmark in consumers’ minds about how much their GDPR claim could be worth if their personal data is mishandled.
The issue of immigration has featured prominently in the Brexit debate. Following the decision to leave in June 2016, the UK Government announced it would establish new arrangements for controlling immigration. However, 18 months on and still no concrete plans have been announced.
The case of Sargeant v Sargeant 2018 EWHC 8 Ch focuses on the case of a farmer’s widow, Jane Sargeant, who tried to make a time-barred claim for reasonable provision from her late husband’s estate over a decade.
The case of Capita v Ali concerns a father who took shared parental leave so that his wife could go back to work. The wife was suffering from PTSD and was advised that returning to work could help her condition.
Exploring rural property issues and developments in the New Forest, Kerry’s Commoner’s Corner, is a new feature for rural news.
Many common law tenancies contain a little known or understood loophole that can cause a huge headache for Estate and landowning clients. Having personally come across this issue twice in the last year alone, below I have outlined what you need to know.
Regulation 5 of the Agency Workers Regulation 2010 (‘AWR’) states that an agency worker is entitled to the same basic working and employment conditions as if they had been directly recruited to their role after a 12 week qualifying period. It is the responsibility of the agency employing the agency worker to pay the agency […]
The recent High Court decision in R (Khan) v Secretary of State for the Home Department [2018] EWHC 105 (Admin) case illustrates the pitfalls of an inadequate RLMT. In October 2012, an Indian national (whom we shall call “Ms P”) started working as a receptionist in a GP practice. Ms P was in the UK studying for […]
The media is rife with the news that a number of Clinical Commissioning Groups (the NHS bodies responsible for making decisions about NHS Continuing Heathcare) (CCGs) are at risk of legal action if they cannot show that their policies on where that care can be provided are lawful.
Gender reassignment is a protected characteristic under the Equality Act 2010. Yet a case recently emerged in which a female Primark employee received £47,000 in compensation after suffering gender reassignment discrimination.
The nation’s best loved institution. 70 years is a long time to endure at a time in this nation’s history of unprecedented and very rapid change. Conceived and introduced in the post-war era in recognition of sacrifices made, offering free health care to all. The country it serves has changed so much in that time: […]
Tesco is facing an £4 billion equal pay claim from thousands of female shop workers. If this claim is successful, it could result in the UK’s largest ever claim for equal pay, potentially opening the floodgates for other similar claims.
From Westminster to Hollywood and more recently the charity sector, reports of sexual harassment have become a regular feature in headline news.
A modern employee incentive means more than just salary
Forgive me for harping on, but I am passionate about EMI Schemes and their benefits. If you are not, allow me a few minutes to convince you.
Research by insurers has revealed that most people fail to disclose a medical condition because they believe it has no effect on their driving.
Despite shared parental leave being introduced in 2015, only 2% of those couples eligible for the leave have chosen to use it. In a bid to boost take up, the government has launched a £1.5 million “Share the Joy” campaign.
KFC’s raison d’etre is chicken. So, one would assume, they would ensure at all costs that it has chicken in stock.
While gender pay reporting currently only applies to organisations employing over 250 people, it’s advisable that any organisation employing over 100 people take a keen interest in the legislation as the rules could be rolled out more broadly over time. Although organisations employing less than 250 people aren’t obliged to report, they can do so […]
As you will be aware by now, the GDPR comes into force in the UK on 25th May 2018. If you aren’t already making preparations to ensure that you are compliant with the GDPR, you need to start doing so as soon as possible.
What will happen when the oil runs out? In particular to those companies involved in black gold? It’s a question that elicits fascinating responses from those involved in the oil industry, not least from Giles Verity, whose family business derives 80% of its revenue from petrochemicals. The test equipment and quality control instruments designed and […]
An enquiry into the long term funding for adult social care is to be launched by MP’s ahead of the government’s Green Paper this summer.
As it is Family Mediation Week I took part in a live Twitter Q & A on Wednesday to answer any questions about family mediation. The question which seemed to generate the most interest was:
I commonly come across the following mediation misconceptions in my role as a family mediator:
When Leonardo De Vinci first sketched a rough blueprint for a self-propelled cart 500 years ago could he have imagined that it would lead to an influx of driverless vehicles on our roads?
In a complex and ongoing case, the Court of Appeal reversed a ruling by the Employment Appeal Tribunal (“EAT”) which had found that an employee could succeed in a claim for automatically unfair dismissal for whistleblowing even if the person making the decision to dismiss was unaware of the employee having blown the whistle.
For thousands of businesses across the UK, outsourcing IT provides greater value, a better return on investment and peace of mind. It allows companies to spread their investment in IT infrastructure and call upon a wealth of expertise as and when needed, rather than employing a large in-house team.
Under the GDPR, consent needs to be “…freely given, specific, informed and unambiguous…” In other words, consent will only be validly given where there is a clear statement or conduct by an individual which indicates his/her acceptance of the proposed processing. Accordingly, the following will no longer be satisfactory evidence of consent:
In our previous update, we advised you that the Employment Appeal Tribunal (“EAT”) had held that Uber’s drivers are to be classed as workers. This means that they are afforded employment rights, including protection from unlawful deduction of wages, entitlement to the national minimum wage and paid annual leave.
Compensation Payments:
A recent decision in the High Court, Fuller v Kitzing and another [2017] EWHC 810 (Ch), will be of interest to our readers regarding the interpretation of shooting rights especially when they are reserved to third parties.
The recently published annual review from the Local Government and Social Care Ombudsman has highlighted a dramatic increase in the number of social care complaints being made.
Christmas can be a notoriously tricky time for employers, with numerous social events and of course the inevitable office Christmas party. How can you deal with these situations if something gets out of hand? What do you do about calculating employees’ holiday allowance for the festive period? Our mini guide below will help you overcome […]
We all know farmers don’t like selling land to release capital. Re-financing is often the better option to raise cash to invest in your farming business. Whether it is to buy more land or convert redundant buildings, allowing a bank to take a charge over your assets is an obvious choice to release funds.
The Office of National Statistics (“ONS”) has quantified the expenditure on film production in the UK at £12.2bn since 2007, including that a proportion of that will have been spent on production of films that confer favourable tax treatment by qualifying as “British”. Some of the most successful examples include films from the Star Wars, […]
From oil paintings to period dramas to the Shooting Times, the shooting season is the inspiration for many quintessentially British countryside scenes. It is also a lucrative earner for landowners who licence their land for game bird shoots, game shooting and clay shoots.
Moore Blatch has extensive experience in IT transactions and helping clients to achieve the best price.
Moving house is a tortuous process in every way, usually not helped by the legal process which can drag on for several months without any explanation whatsoever. It may therefore come as a surprise that it’s possible to conduct the entire process during the course of a day, without compromising either the buyer or seller’s […]
A window salesman has been awarded 13 years of unpaid holiday pay by the European Court of Justice (“ECJ”) in the King v The Sash Window Workshop case.
Many cafes, restaurants, hotels and shops provide free Wi-Fi to customers, this may often be provided free of charge with no or only basic security, sometimes there may be no password to connect the Wi-Fi or the password may be the name of the establishment.
As Winston Churchill said; “the outside of a horse is good for the inside of a man” – something that many readers no doubt happily agree with. Over and above the pleasure of riding, owning and maintaining a horse takes time. So, it’s not surprising that with life as busy as it is, many take […]
The outcome of the recent case, Marques da Rosa v Varzim Sol, means workers, especially those carrying out shift work, night work, or with irregular working patterns, could have greater flexibility around when they can take their rest breaks.
The Court of Appeal have recently ruled on a particularly challenging and important Care Act case where the Claimant’s care package had been drastically reduced by the Defendant Local Authority.
MP’s reported today what many of us medical negligence specialists are all too acutely aware of – that NHS Trusts have a ‘prevailing attitude of defensiveness when things go wrong, and a reluctance to admit mistakes’.
Male apprentices earn on average 8% more than their female colleagues according to the Young Women’s Trust.
Databases can be protected by database right and/or copyright. A recent spat between the supplier of an internet-based electrocardiogram (ECG) reporting system known as the “ECG Cloud” has led to the conclusion that a simple PDF document relating to the ECG Cloud was protected by both database right and copyright.
Cross-party support has been given to proposed legislation that would automatically give grieving parents two weeks bereavement leave if they lose a child.
The 27th April 2017 brought the Digital Economy Act, a refreshed version of the previous Digital Economy Act of 2010. As well as updating sentencing for criminal copyright infringement, the most interesting aspect is the so called “New Code”, which replaces the existing electronic communications code found in both the Telecommunications Act 1984 and the […]
The Part Time Workers Regulations 2000 state that part-time workers cannot be treated less favourably than their full-time counterparts. In a recent appeal to the Employment Appeal Tribunal (EAT) (British Airways v Pinaud), the EAT considered whether a part-time worker working more than 50% of full-time hours, but only paid 50% of a full-time salary […]
Any employer knows any dismissal on the grounds of misconduct can only occur after a thorough investigation. It is not unusual for the former employee to claim that the investigation, and therefore their dismissal, was unfair. In turn, this has led to more and more thorough investigations being carried out.
The recent case of The Hospital Trust and Miss V & Others [2017] EWCOP 20 before the Court of Protection highlighted the application of the best interest’s principle in extremely sensitive surroundings.
The judgment in the Northern Californian court on 30 August 2017, was made in respect of three data breaches of Yahoo’s data security system which resulted in millions of users’ data being exposed to hackers.
In April 2017, the government introduced an apprenticeship levy; a tax on UK employers to support the funding of apprentices. Any private or public company with a total wage bill of more than £3 million is required to put 0.5% of their payroll into the levy. Though slightly worryingly, a poll earlier this year for […]
Sleep-in shifts have recently hit the news following a leaked report which revealed many council employees were being paid below the minimum wage.
A recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the case of Barbulescu v Romania will mean employers will have to be very clear with staff if they propose to monitor their internet usage. The case – which centred on a Romanian engineer who was sacked for sending […]
ACAS has issued new guidance related to employees who have a baby or babies that are ill or premature.
September saw the publication of the employment tribunal statistics from April – June 2017.
On 26 June 2017 the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 came into force in the United Kingdom.
Those that are successful in a discrimination claim can be awarded compensation for injury caused to feelings as a result of the discrimination they have suffered. In order to decide how much to award for injury to feelings, tribunals use guidelines known as Vento guidelines to decide how much to award in each case.
At sunset, viewers are treated to the viewing of classic film favourites. I watched Notting Hill, but other films such as Jaws and Dirty Dancing are upcoming. It is all about the outdoor experience: picnicking outside in a beautiful part of the countryside, poshcorn, beetle cars, bbq’ing local meat and a great film.
In any claim for personal injury, witness statements form a vital part of the case. A good quality witness statement is of even greater importance in high value claims for spinal cord injuries.
The Ogden or ‘discount rate’ is applied to personal injury settlements when deciding the appropriate amount of money to award victims of negligence as a lump sum payment. The discount rate is applied to take account of the expected return if a lump sum is invested over time.
Esther Millard, and Sara Abou-Jaoude and from Barlow Robbins solicitors, discuss the proposals contained in the Government’s consultation paper, “Tackling Unfair Practices in the Leasehold Market”. Sara is a residential property solicitor and Esther specialises in professional negligence claims against solicitors. Esther: The consultation paper covers a range of leasehold-related issues. But the issue about which there has […]
The Employment Appeal Tribunal (EAT) has ruled that voluntary overtime must be included when calculating holiday pay.
The National Audit Office has today published its long-awaited report into why costs to the NHS associated with medical negligence cases continue to rise, despite several initiatives designed to lower them.
The gig economy is often defined as “a labour market characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs.” Prior to going mainstream, the term ‘gigging’ was most commonly used in the musical world, for those musicians who are only paid per concert, or ‘gig’ they do. Now the […]
The BBC has, once again, found itself amongst a media storm after publishing the salaries of its highest paid stars. It transpired that Gary Lineker was paid ten times more than Clare Balding and the BBC’s highest paid woman, Claudia Winkleman, was paid just a fifth of what its best paid male star, Chris Evans, […]
In these times of austerity when the NHS faces perhaps its greatest challenge yet trying to meet incessantly rising patient demand with dwindling financial and human resources it is tempting for patients (at least those who can afford it) to look to the private health sector for salvation.
On 25 May 2018, the largest ever overhaul of data protection laws in the EU will take effect. Businesses must comply with the changes or face fines of €20m or 4% of worldwide annual turnover. Despite this, many organisations have not yet started preparing for the changes.
The Employment Appeal Tribunal recently upheld a ruling by the Employment Tribunal that an employer’s pension contributions should now be included when calculating a week’s pay.
On 26 July 2017 the Supreme Court handed down a landmark judgment, finding that tribunal fees for those bringing employment tribunal claims are no longer lawful.
Shared parental leave (SPL), which came into force in April 2015, allows parents to share up to 50 weeks of leave, 37 of which are paid, following the birth or adoption of a child.
Voluntary accommodation placements under Section 20 (s.20) of the Children Act 1989 are being increasingly used by local authorities to avoid care proceedings. This is the findings of the Your Family, Your Voice Alliance in their recently published report.
A recent High Court case, Commercial First Business Ltd v Pickup & Vernon, considered whether a broker who introduces potential borrowers to a lender owes a fiduciary duty to the borrower and thus should have told the borrower it was receiving a commission, and the amount of that commission.
John Lewis has suffered very public criticism in relation to alleged payment of some of its seasonal workers below National Minimum Wage (NMW). This has caused a good deal of concern among schools, which clearly engage employees/workers to perform work at certain times of the year, while not necessarily requiring performance throughout the school holidays. […]
In what has become a stark reminder to all companies to take appropriate measures to protect customer data, TalkTalk has been fined a record £400,000 by the ICO for cyber security failings which Information Commissioner Elizabeth Denham has said, “allowed hackers to penetrate TalkTalk’s systems with ease”.[1]
A US Court has recently ordered social media site Facebook, virtual reality headset developer Oculus, the co-founder of Oculus and the former CEO of Oculus to pay Zenimax Media Inc $500 million after finding the defendants unlawfully used virtual reality technology belonging to Zenimax and the co-founder of Oculus broke a confidentiality agreement with Zenimax.
There are an increasing number of businesses solely providing lettings services via online platforms and apps. Businesses purely providing lettings services should be aware the Government recently underwent a consultation in relation to the proposed Fourth Money Laundering Directive which when introduced as legislation will change how lettings agents currently carry out and assess anti-money […]
The new General Data Protection Regulation (GDPR) will become directly applicable in all member states on 25 May 2018. It will create clarity for businesses by establishing a single set of rules across the EU.
If you find yourself in circumstances where you are offered a Settlement Agreement (formerly known as Compromise Agreement) upon leaving a business, understanding the terms and deciding whether to accept can be quite daunting.
As a keen cyclist I am delighted to have the better summer weather arrive to enjoy my chosen routes, and not surprising that there is an increased number of cyclists around on our roads with the same objective in mind.
As the country picks itself up from the third appalling terrorist attack in three months many questions are being asked. Among them is, how can we ensure that the innocent victims of these atrocities and their families are properly supported with the care they deserve?
A lasting power of attorney (LPA) is a legal agreement allowing an individual to give authority to someone they trust in order to make key decisions on their behalf. There are two types of LPA, one covering financial affairs and the other health and wellbeing, both being used when an individual is no longer able […]
North West charity, Autism Together along with other regional autism charities have sent an open letter to the leaders of the main political parties ahead of this month’s general election highlighting the failures by local authorities to ensure a fair and proper needs assessment.
In short the answer is yes but only in certain cases. In the recent months there has been a high level of media coverage on this topic following the European Court of Justice (ECJ) giving judgement in two cases relating to Muslim women whose employment was terminated because of their insistence on wearing headscarves in […]
The Employment Appeal Tribunal (EAT) has recently handed down their judgment in Kent Police v Bowler. They confirmed that an Employment Tribunal (ET) should not infer discrimination simply because the employer’s conduct has been unreasonable, there must also be discriminatory behaviour.
The term ‘gig economy’ is a fairly new term which you are likely to have heard in the media. Some have defined the gig economy as “a labour market characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs”. It is thought that approximately 5 million people work in this […]
Most parties to a mediation will benefit from having formal representation to assist and advise them throughout the process and present their case. Mediation advocacy is the skilled technique of presenting and arguing a client’s position, needs and interests in a non-adversarial way. The role of the advocate Mediation advocacy is more than simply arguing a client’s […]
Commercial mediation is a flexible, voluntary and confidential form of alternative dispute resolution in which a neutral third party assists parties to work towards a negotiated settlement of their dispute. The parties retain control of the decision whether or not to settle and on what terms. Unlike a judge or arbitrator, the mediator will not decide the case […]
When a spin-out company is successful the results can be spectacular. In 2014 Zynga Inc acquired NaturalMotion, a leading games and technology company from Oxford University Innovation whose game titles include Dawn of Titans and CSR Racing, for more than US $527 million.
If an employment contract is silent on when notice is deemed to be given, notice of termination doesn’t take effect until the notice has been actually received. This may potentially have immense consequences for your company if it means the employee has completed an extra year service by the time they receive the notice, and […]
Whilst investigations into the Westminster Attack are ongoing, bereaved families, victims and their loved ones; together with the police and even solicitors, are trying to unravel the tragedy that occurred on 22 March 2017.
The Supreme Court has refused permission to appeal to British Gas in the holiday pay case Lock v British Gas. This provides some much needed clarity. We now know that results-based commission (i.e. commission based on sales received) and non-guaranteed overtime (i.e. overtime which employers are not obliged to offer but workers are contractually obligated to perform) must […]
Glaucoma is an ophthalmic disease which can affect and damage the optic nerve (connecting the eye to the brain). It can lead to permanent loss of vision if left undetected and untreated, and is the main cause of permanent blindness in the UK.
It was recently reported in the Sunday Times that the Greenwich Clinical Commissioning Group, an NHS body which plans health services for the London Borough, proposes to stop one of the most common NHS operations as part of cost-cutting measures. It reportedly blames rising demand from an ageing population. In future, it is suggested the […]
Loss of vision or visual impairment can be one of the most devastating and frightening things that can ever happen to you. The human eyes are an extraordinary organ. They make approximately 200,000 movements per day and are able to distinguish around 10 million colours. The impact of having this all taken away can be […]
Increased speeding fines are effective from Monday, 24th April 2017. The key difference is the introduction of a three band system that will determine a driver’s fine and number of penalty points.
If you are awarded compensation after suffering a personal injury, and you are also receiving means-tested benefits, it may surprise you to learn that your compensation could result in you losing your benefits. This is because means-tested benefits are only payable if your savings are below a certain amount (usually between £16,000 and £6,000 depending […]
In a claim for personal injury compensation it is important your solicitor puts into place the best method of funding of the claim for you.
Hitherto, independent schools have been able to offer staff the opportunity to save some of the cost of the school fees relating to their own children’s attendance at the school via salary sacrifice arrangements. In March 2016, the government indicated it was considering introducing restrictions on the use of salary sacrifice schemes. From August to […]
Usually when an employee’s employment is terminated, the appropriate amount of notice must be given by the employer. The Employment Rights Act 1996 sets out the minimum amount of notice that must be given while an employee’s contract could also stipulate that a greater amount of notice must be provided. If the employer dismisses the […]
Determining ‘worker’ status has been a major focus in the world of employment law recently, with several high-profile cases considering the issue. Aslam, Farrar and Others v Uber contemplated whether Uber’s taxi drivers were workers or self-employed contractors, while the employment status of CitySprint’s couriers was deliberated in Dewhurst v CitySprint UK Ltd. The issue […]
When you are marvelling in the peace and tranquillity of having bought a home in the countryside, you are unlikely to find yourself in your new garden, enjoying the spring blossoms whilst considering the subject of sewage. Although a dirty word, come 2020, ‘sewage’ will be at the forefront of the minds of most sellers […]
As you may have seen in the media recently, despite Brexit, the new apprenticeship levy (“Levy”) is still expected to come into force on 6 April 2017. It is hoped the introduction of the Levy will give employers more influence over how apprenticeships are designed and paid for. This article considers what the Levy is, […]
Employment tribunal fees were introduced by the government in July 2013. They range from £390 for a claim for unpaid wages, to £1,200 for unfair dismissal. Official statistics show that in the year after their introduction, the number of claims brought had fallen by approximately 70%. There has therefore been much debate about whether the […]
Coming into force on 6 April 2017, the government has published the Employment Rights (Increase of Limits) Order 2017 which increases compensation limits for employees in various situations.
Reporting Guidelines
Attention employers! Due to the way that the Easter bank holidays fall this year and next year, it is anticipated that some employees’ holiday rights may be breached next year. Depending on the amount of holiday entitlement afforded to employees, together with the wording of their contract, employers may find themselves liable for an unanticipated […]
On 15 February 2017, the government ‘named and shamed’ more than 350 employers who had underpaid their workers the national minimum or ‘living’ wage. Department store Debenhams topped the list of offending employers, having failed to pay £134,894.83 to nearly £12,000 workers. Under the government’s ‘name and shame’ scheme, the names of all employers who […]
In the wake of the striking divorce case of Mrs and Mr Owens, BBC Radio Solent spoke to Debra Emery, Partner and Head of the Moore Blatch Family department about the implications of Judge Robin Tolson QC refusing Mrs Tini Owens application for divorce on the grounds of unreasonable behaviour at the Family Court sitting […]
Contributory negligence
As we enter 2017, there is a higher-than-normal degree of uncertainty regarding the prospects of the UK economy and the housing market, especially for first time buyers.
In the case of Herry v Dudley Metropolitan Council UKEAT/0100/16/LA an Employment Appeal Tribunal (EAT) has provided some welcome guidance on whether long-term stress will be classified as a ‘disability’ for the purposes of discrimination proceedings.
Last year an employment tribunal heard the case of Aslam, Farrar and Others v Uber where it was held the drivers that brought a claim against Uber were ‘workers’ and accordingly qualified for various rights under employment legislation.
In the Autumn Statement 2016, the government announced major changes to salary sacrifice schemes that are due to take effect on 6 April 2017.
This December I took part in a Christmas gift wrapping fundraising activity at Foyles Bookstore, Charing Cross branch, in aid of the Royal National Institute of Blind People.
The final draft of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (“the Regulations”) has now been published by the government and is due to come into force on 6 April 2017. We will of course keep you updated on any changes to the draft legislation, but in the meantime we thought we […]
According to think-tank High Pay Centre (HPC), by midday on Wednesday 4 January 2017, Britain’s top bosses had earnt more in two and a half days than the average UK worker will make the entire year [1] The data on the day dubbed ‘Fat Cat Wednesday’ illustrated the stark disparity in pay between the UK’s highest […]
Last year we reported on the Trade Union Act 2016 (the “Act”) which received royal assent on 4 May 2016. The Act contains key provisions which apply to unionised work forces and have an increased effect on public services. In the words of the government, the aim of the Act is to ‘ensure strikes can […]
In the case of Rehman v Jamia Hanfia Ghosia Mosque an employment tribunal has held that a former employee was unfairly dismissed, but was not entitled to any compensation.
There has been much debate in recent months over the legal employment status of workers within the ‘gig economy’ – a growing trend whereby corporations provide their services through a number of ‘self-employed’ contractors who (in theory) choose to work as and when they please. Because of their supposed employment status, those ‘contractors’ would not […]
Every year seems to bring with it changes in the world of employment law and 2017 is set to be no different.
A Personal Accident Policy (“PAP”) is often included as part of a policy of motor insurance, or purchased separately at the same time as an “add on” to that policy.
Imagine what would happen if somebody in your close family were to be seriously injured in an accident. They would be taken by the emergency services to hospital, where the doctors and nurses would do their best to save their life and care for them until their medical condition was stable. At some point, your […]
27 years after Hillsborough, the jury who heard two years of evidence at the highly publicised inquests into the deaths of 96 Liverpool fans decided that the supporters involved in the 1989 catastrophe were unlawfully killed. The anniversary and decision from this long awaited inquest following the disaster, which resulted in over 700 casualties who […]
When an individual successfully brings a personal injury or clinical negligence claim, they will typically be awarded a lump sum payment known as ‘damages’. The purpose of those damages is to put the injured person, as best as possible, back into the position they would have been had the accident or clinical negligence not occurred. […]
When you have suffered a serious injury that wasn’t your fault your world can be turned upside down. You may be thrown into an environment that isn’t familiar and this can be scary. Our blog post today goes through some of the key stages that we go through with you when bringing about a claim […]
What is an Indemnity Policy? A policy under which the insurer agrees to indemnify (compensate) the insured against specified costs or losses which may be incurred in the future up to an agreed maximum. When is an Indemnity Policy suitable? Where you have no express right to use the roads and paths which provide access […]