News
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Employment Tribunals And Breach Of Contract - Not bound by the civil courts time limit of six years
In Grisanti v NBC News Worldwide Inc ET/2200964/15, a tribunal considered the limitation period for a breach of contract claim in the employment tribunal.In the civil courts…
Posted on 9 September, 2015 by Ortolan
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Employment - Rectifying procedural flaws on dismissal appeal
The case of Adeshina v St George's University Hospitals NHS Foundation Trust & Ors UKEAT/0293/14/RN provides a useful example that procedural flaws can be corrected on a…
Posted on 9 September, 2015 by Ortolan
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Residential Landlords - Requirement to carry out immigration checks
A pilot scheme with the aim of introducing restrictions on illegal immigrants accessing private rented housing has been considered successful and will now be rolled out across…
Posted on 5 August, 2015 by Ortolan
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Workers On Sick Leave - No need to demonstrate inability to take annual leave
A recent case has confirmed that workers do not need to show that they are unable to take annual leave because of their medical condition in order to carry over any accrued and…
Posted on 5 August, 2015 by Ortolan
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Illegal Penalty Or Enforceable Liquidated Damages? - Supreme Court may decide an important shift in the law
A case was heard last month by the Supreme Court (ParkingEye Ltd v Beavis ) which may effectively change the law on penalty clauses and liquidated damages. For 100 years, ever…
Posted on 5 August, 2015 by Ortolan
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Court Fees - More increases on the way
On 9 March 2015 substantial increases in the fees to issue a claim were introduced. Claims over £10,000 now incur a court fee equal to 5% of the claim up to a maximum of…
Posted on 5 August, 2015 by Ortolan
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Back to Basics - Best versus reasonable endeavours
Contractual obligations are normally absolute and failure to satisfy an obligation will be a breach of contract. Parties to a contract may, therefore, want to qualify an…
Posted on 5 August, 2015 by Ortolan
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Budget 2015 - Is George Osborne moving to Manchester?
Probably not and, in truth, the main thrust of the budget delivered on 8 July 2015 by the new Tory-majority government was aimed at tackling the deficit, although there were…
Posted on 5 August, 2015 by Ortolan
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Collective Redundancy - Failure to consult; ignorance is no defence
This month the Employment Appeals Tribunal (EAT) considered the application of the “special circumstances” exception to the obligation to collectively consult. The Claimant…
Posted on 7 July, 2015 by Ortolan
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Limiting Your Liability - Practical Considerations
It may be tempting to try excluding your liability for absolutely everything. However, some losses cannot be excluded by law. Legislation, such as the Unfair Contract Terms Act…
Posted on 7 July, 2015 by Ortolan
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Property Fraud - Warning to landlords!
The last five years have seen an increase in the number of fraudulent property transactions reported in both the commercial and residential property sectors.Criminals seek to…
Posted on 7 July, 2015 by Ortolan
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TUPE - Harmonising terms following a transfer
When businesses merge or there is a high level of outsource/insourcing present within an organisation, companies can find themselves with numerous sets of terms and conditions…
Posted on 7 July, 2015 by Ortolan
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Disputes and Claims - Tips on how to avoid them
Disputes and claims are time consuming, costly and can be highly stressful. It’s well known that prevention is better than cure. Here, we set out some practical tips to help…
Posted on 7 July, 2015 by Ortolan
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Letting Agents - Claim for recovery of hidden fees
A residential landlord has recently challenged one of the country’s biggest letting agents, Foxtons, over the level of fees charged for repair works.The private landlord was…
Posted on 7 July, 2015 by Ortolan
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Standard Terms - Battle of the forms
A situation that often occurs during business to business transactions, in which each business wants its own standard terms and conditions to apply, is the so-called battle of…
Posted on 2 June, 2015 by Ortolan