News
-
Selling Online Within The EU - Online Dispute Resolution platform soon to be available
It’s official; the world is getting smaller.Trade between countries is nothing new but has, historically, been dominated by business to business transactions .The prevalence…
Posted on 1 February, 2016 by Ortolan
-
Large Organisations - Requirement to report on payment practices and policies
From April 2016, large organisations will be required to report on their payment practices and policies. The Regulations have not yet been published but, given the short…
Posted on 1 February, 2016 by Ortolan
-
Consent Order Upheld - Despite landlord's failure to serve a s17 notice
If a landlord wishes to pursue a former tenant or a former guarantor for payment of any fixed charge (including rent and service charge) reserved by the lease, the landlord…
Posted on 1 February, 2016 by Ortolan
-
New ECHR Ruling - Employers can read private messages
The ECHR has ruled that employers can read workers' private messages sent via chat software and webmail accounts during working hours and were entitled to choose to terminate…
Posted on 1 February, 2016 by Ortolan
-
Employment Law - Things to watch in 2016
Four areas of interest for 2016 are holiday pay, gender pay gap reporting, the National Living Wage and Tribunal fees. Here, we have a quick round up of each Holiday…
Posted on 1 February, 2016 by Ortolan
-
Tenant Not Entitled To A Refund - Break date between rent payment dates
Last month the Supreme Court gave judgments that will not please commercial tenants.In the past, if a tenant successfully exercises a break clause in its lease, the landlord…
Posted on 4 January, 2016 by Ortolan
-
Supreme Court Makes Late Change to Penalty Clause Judgment - Highlights important distinction between primary and secondary obligations
We reported on the cases of ParkingEye Ltd v Beavis and Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67 in our November newsletter on the same day the judgment…
Posted on 4 January, 2016 by Ortolan
-
Directors' Duties - And the proper purpose rule
A recent Supreme Court case has highlighted the need for directors to carry out their duties and exercise their powers in accordance with the proper purpose rule.The factsThe…
Posted on 1 January, 2016 by Ortolan
-
Appropriate Rate Of Interest - Section 35A Senior Courts Act 1981
Section 35A of the Senior Courts Act makes provision for simple interest to be paid on debts or damages from the date of the cause of action until the date of judgment (or…
Posted on 1 January, 2016 by Ortolan
-
Implied Terms - Supreme Court clarifies the test
The Supreme Court recently handed down a judgment that has clarified the law relating to implied terms.The traditional approach has been that a term will only be implied into a…
Posted on 1 January, 2016 by Ortolan
-
Bonus Policies - Time for a review
A new calendar year is often a good time to review and update your bonus scheme.A bonus is, traditionally, a sum of money added to a person's wages as a reward for good…
Posted on 1 January, 2016 by Ortolan
-
Autumn Statement 2015 - Employment law implications
The Autumn Budget saw George Osborne do a 360 on tax credits which would have seen many working families worse off. It also saw a number of other changes to promote employment…
Posted on 1 January, 2016 by Ortolan
-
No Increase To Statutory Payments - First time in over 20 years
The Department for Work and Pensions has published proposed rates for the tax year beginning on 6 April 2016. For the first time in many years it is proposing that there will…
Posted on 1 January, 2016 by Ortolan
-
Bribery Act - First Deferred Prosecution Agreement
The Serious Fraud Office’s (SFO) first application for a Deferred Prosecution Agreement (DPA) was approved by the court this week. It was also the first use by a prosecutor…
Posted on 5 December, 2015 by Ortolan
-
Terrorism And Winter Weather - Are your force majeure clauses fit for purpose?
The recent Paris bombings and the onset of winter weather caused me to pause and think again about some of the force majeure provisions we draft for our clients in their…
Posted on 5 December, 2015 by Ortolan