Clarkslegal LLP - Solicitors in Reading and London

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Mar
03
2010

Aiding Discrimination of Agency Workers
#Employment

The EAT has considered whether an employer ‘aided` discrimination when it engaged an agency worker who discriminated against its employee....

Mar
01
2010

Consulting on age - March 2010
#Employment

Thank you to everyone who responded to our recent survey on the default retirement age. The results made very interesting reading and, as promised, we have set them out here....

Feb
24
2010

What`s so super about injunctions?
#Dispute Resolution #Crisis Management

Injunctions can be very powerful tools in litigation. Stephen James looks at why John Terry`s recent application for a "super injunction" failed"...

Feb
19
2010

Do your `dad` employees know their rights?
#Employment

It seems flexible working is increasingly important to today`s dads, with over 56% of those surveyed by the Department for Business, Innovation & Skills saying they would look for an employer who offers flexible working when choosing a new job. However, 20% of dads did not know whether their current employer offered flexible working....

Feb
18
2010

The Welsh Assembly has been given new law-making powers in relation to the environment.
#Environment

The Environment Legislative Competence Order (LCO), which has now gained royal approval, confers a right on the Assembly to issue primary legislation (known as Assembly Measures) in the areas of waste, pollution and nuisances. The stated policy areas on which the Senedd will be concentrating are:...

Feb
16
2010

How to Manage a Business in a Recession
#Construction

FETA members attended a `managing a business in a recession` seminar recently, presented by Clarkslegal Partner David Rintoul. The seminar focused on two issues key to the current economic climate, namely protection of rights under a contract and how to enhance cash and recovery of monies due....

Feb
16
2010

Royal Ten Cate NV
#Corporate

Clarkslegal has advised Royal Ten Cate NV (listed on the NYSE Euronext Amsterdam Stock Exchange) in respect of the acquisition of the AML group of companies....

Feb
11
2010

The Rise of the Bankruptcy Tourist?
#Restructuring & Insolvency

English bankruptcy laws are much more lenient than other European countries. Does that mean anyone can choose to make themselves bankrupt here and what can be done to stop this happening?...

Feb
08
2010

Flat Sharing - New Planning requirements for homes in multiple occupation
#Inward Investment

New planning requirements for houses in multiple occupation...

Feb
08
2010

Trimming the fat - February 2010
#Employment

As it is announced that we are coming out of recession, now may be a good time for employers to reorganise their workforce to ensure that the company is in the best shape for the future. The need to slim down applies just as much to businesses as it does to our own personal quests for self-improvement. With headlines claiming that the recession is finally over (albeit on the basis of a minuscule 0.1% growth), it is clear that the leaner the business, the better its chances will be for survival in 2010 and beyond....

Feb
05
2010

Discrimination difficulties for agency workers
#Employment

Following the Court of Appeal decision in Muschett v HM Prison Service (2010), it seems that it will be harder for agency workers to gain protection from discrimination at the hands of an end-user....

Feb
04
2010

Challenging A Will
#Dispute Resolution

There are many ways to challenge a Will or its effect on an estate. It may be that, instead of pursuing a claim that the Will is invalid, your claim should be addressed to a professional adviser who drafted the Will or gave tax advice etc (especially if a prior Will would then be effective which did not have acceptable terms or there is no Will at all)....

Feb
03
2010

Costs turn winners into losers
#Dispute Resolution

Lord Justice Jackson`s Final Report on civil litigation costs ("the Report") was published on 14 January 2010. Two recent cases highlight how costs can turn a winning party into a loser: Earles -v- Barclays Bank and Barr -v- Biffa Waste Services...

Feb
03
2010

Ten facts ten years after the Woolf reforms
#Dispute Resolution

The Woolf Reforms ten years on - ten facts...

Feb
01
2010

Double Partner Appointment
#Dispute Resolution

We are delighted to announce the appointment of John Warchus from Shadbolt and promotion Chris Tayton, member of the firm`s Dispute Resolution team....

Jan
29
2010

TUPE static not dynamic
#Employment

The Court of Appeal has held in Parkwood Leisure Ltd v Alemo-Herron (2010) that a contractual entitlement to a pay rise, agreed in collective agreement negotiations to which the transferee was not a party, did not bind the transferee following a TUPE transfer....

Jan
26
2010

Take notice of age
#Employment

The ECJ has held that a German law which discounts employment before the age of 25 when calculating statutory notice periods is age discriminatory (Kucukdeveci v Swedex (2010)). The ECJ also confirmed that non-discrimination on the grounds of age is a general principle of equal treatment in EU law. National courts should, if need be, disapply any principles of national law that are contrary to this principle....

Jan
25
2010

Younger or less experienced?
#Employment

In another case concerning age this week, but this time in the UK, an employment tribunal has held that a 42 year old Head of Marketing, who did not fit a "younger" profile, was subjected to age discrimination....

Jan
25
2010

The age of reason
#Employment

The ECJ has considered the use of age limits in two German cases this week. In both cases, the ECJ held that the age limits were not contrary to the Equal Treatment Directive....

Jan
25
2010

A long road to recovery
#Employment

For a disability to be covered by the Disability Discrimination Act 1995, the effects of the impairment must be long-term. "Long-term" means the condition must have lasted, or be likely to last, for at least 12 months....

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