Clarkslegal LLP - Solicitors in Reading and London

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Mar
22
2018

Commercial agents: software is not goods after all
#Dispute Resolution

In 2016 the case of The Software Incubator Limited v Computer Associates UK Limited made waves in the commercial agency sector by finding that the definition of “goods” for the purpose of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) included software. The Regulations provide important rights for commercial agents, including in particular the right to receive compensation upon termination of the agency agreement, but only protect commercial agents who sell goods, rather than services....

Mar
20
2018
Mar
16
2018

Head teacher’s failure to disclose relationship was gross misconduct
#Employment

This week (in Reilly v Sandwell Metropolitan Borough Council), the Supreme Court, has found that a head teacher's failure to disclose her relationship with a man who had been convicted of making indecent images of children justified her dismissal....

Mar
16
2018

Workers not entitled to claim an injury to feelings award despite Working Time Regulations breach
#Employment

The Court of Appeal (CA) has held in the recent case of Gomes v Higher Level Care that a worker cannot claim compensation for injury to feelings under the Working Time Regulations (WTR) if they have been prevented from taking rest breaks. ...

Mar
16
2018

No cap of 12.07% for part-time workers’ holiday
#Employment

The Employment Appeal Tribunal, in Brazel v The Harpur Trust, held that it was incorrect to treat holiday pay for term-time teachers as being capped at 12.07% of annualised hours. ...

Mar
16
2018

Changes to continuous residence rules for Tier 2 workers
#Immigration #Inward Investment

On 11 January 2018, the immigration rules were amended and new provisions were introduced which affect how the Home Office assesses continuous residence for Indefinite Leave to Remain (ILR) applications. Whilst the changes affect all Points Based System migrants, we will be focusing on Tier 2 General workers. ...

Mar
13
2018

Beware all landowners! Be careful not to inadvertently grant a public right of way over your land.
#Real Estate

The very real risk of an owner of land allowing rights of access over their land and then these leading to a dedicated public right of way was recently highlighted in the case of R v Cumbria County Council and Peter Lamb [2017] EWHC 2651. It is therefore worth considering how the local authorities assess whether a public right of way has been established, to hopefully prevent landowners from suffering from this potential incumbrance on their land....

Mar
13
2018

Novation and Assignment: Sisters, Not Twins
#Commercial

There’s often, understandably, a bit of uncertainty about whether (and how) a party to a contract can “assign” (transfer) its rights, or pass on its obligations, under that contract, to another person....

Mar
07
2018

Construction Risk Video - Part 1
#Construction

Construction and engineering Partner, Ruth Wilkinson discusses the key risks on a construction project and how to manage those risks. How can different parties manage their risks in the event of worst-case scenarios? What are the most common risks that have to be dealt with?...

Mar
07
2018

It’s the End of the World as We Know It: The Finale of the “Smash & Grab” adjudication Saga?
#Construction

Judge Coulson’s decision in the Technology and Construction Court published last week, his last before moving to the Court of Appeal, concerns the infamous “smash and grab” adjudications. ...

Mar
06
2018

Disputes and Record Keeping – a discussion with Hannah Mycock-Overell
#Construction

What are the most common types of dispute you come across?...

Mar
06
2018

Controversial Immigration Exemption Clause in the Data Protection Bill
#Data Protection #UK Immigration

Campaign groups are continuing to increase pressure on the government to reconsider the ‘immigration exemption’ in the Data Protection Bill which could prevent people from gaining access to immigration data held on them. The Bill had its second reading in the House of Commons yesterday where Tory MP Matt Hancock confirmed that the exemption was necessary, so the government could “properly police [its] borders”....

Mar
02
2018

Government announces Immigration Health Surcharge will double
#Immigration #Employment #Inward Investment

The Government intends to double the Immigration Health Surcharge in the near future. This is a charge paid by non-EEA nationals (main applicants and dependents) who are applying to work, study or join their family in the UK for more than 6 months....

Mar
02
2018

Working Time: At home but on call
#Employment

Working time is defined as any time during which a worker is: ...

Feb
27
2018

Data Protection Changes: The E-Privacy Regulation
#Data Protection

With GDPR dominating the headlines anyone would be forgiven for thinking this is the only change taking place in the world of data protection. However, there are also proposals underway for reforming the European E-Privacy Directive which is implemented in the UK by way of the Privacy and Electronic Communications Regulations 2011 (PECR)....

Feb
23
2018

Restricted CoS quota hit again in February
#Immigration #Inward Investment #Employment

The non EEA skilled worker cap has been hit again this month, now for the third month running. Many Tier 2 sponsors have seen their Restricted CoS applications refused causing delays to new recruits start dates. ...

Feb
23
2018

Compensation limits increase
#Employment

It’s that time of year where compensation limits for claims such as unfair dismissal and for statutory redundancy payments are reviewed. ...

Feb
23
2018

Employers “Living in the Dark Ages” when it comes to pregnant women and new mothers, says Equality and Human Rights Commission (EHRC)
#Employment

A YouGov survey conducted on behalf of the Equality and Human Rights Commission (EHRC) has exposed that 41% of managers think pregnancy in the workplace places “an unnecessary cost burden” on employers. ...

Feb
20
2018

‘Oxfam Scandal: Children's Watchdog Urges Toughest Criminal Checks on Charity Shop Supervisors’ - Michael Hibberd comments for HuffPost UK
#Employment #Press

The Children’s Commissioner has said everyone supervising children in Britain’s charity shops should undergo a full criminal record check, after HuffPost UK established thousands of volunteers are failing to do so....

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