Clarkslegal LLP - Solicitors in Reading and London

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Oct
03
2017

Off-Site Goods and Materials: Legal Issues
#Construction

There is no doubt that off-site manufacture is being embraced by the industry. The key legal issues to address in a contract where off-site manufacture is contemplated are legal ownership of the goods manufactured off-site prior to delivery and risk of damage when those goods are in storage or transit. Whilst paying for the off-site goods or materials may be necessary, it may put the purchaser/employer at risk if the supplier/contractor becomes insolvent and the goods are not then delivered. Also, who will be responsible for damage caused to the goods or materials whilst they are in storage or during transit. Another issue is quality control and monitoring progress during the manufacturing process which should be addressed in the supply contract. These risks need to be addressed when drafting the contract....

Oct
03
2017

A victory for common sense - actual cost relevant to compensation event assessment
#Construction

A defining principle of the NEC3 is that the parties should deal with issues as they arise and not save these up to the end. Hence the provision in the standard form contract allowing for forecast assessments of compensation events. However, this principle can get forgotten when the parties fail to comply with the contractual machinery and timeframes or the compensation events are disputed. A case from earlier this year in the Northern Ireland courts has looked at the question of whether actual costs are relevant to the assessment of compensation events: Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited (2017)....

Sep
29
2017

Award winning Indian restaurant in Wales re-opens following immigration raid
#Immigration

An award winning Indian restaurant in Wales has re-opened after being temporarily closed down by immigration officers. Yasmin’s, which has won various curry awards over the years, was shut down last week following an immigration raid which found the owners had failed to carry out the prescribed right to work checks....

Sep
28
2017

Michael Sippitt writes for Thomson Reuters on: Migration and Modern Slavery
#Outsourcing & Supply Chain #Press #Supply Chain Governance

Until lawyers start to pursue high-profile negligence cases, the status quo is likely to remain unchanged....

Sep
22
2017

Uber and Out?
#Employment

In recent months, set-backs and negative press have been common for Taxi hailing App Uber, but the latest blow may be terminal for their business in London....

Sep
22
2017

(Not) Leaving on a Jet Plane – Thomas Cook injunction attempt against striking pilots fails
#Employment

Since 1 March 2017, one of the conditions for a strike ballot to be lawful is that voting papers must include the period in which the proposed industrial action is to take place....

Sep
22
2017

Two respondents, one EC Certificate - EAT overturns decision to reject claim because claimant had not completed separate EC forms for each respondent
#Employment

In the case of De Mota v ADR Network, Mr De Mota was employed as an LGV Driver with ADR Network and lost his job after a complaint was made against him by the Co-op, one of ADRs customers. He submitted a claim against both parties with an Early Conciliation (EC) Certificate naming both companies as respondents....

Sep
22
2017

Theresa May Florence Speech: UK laws to protect EU citizen’s rights
#Immigration

This afternoon, Theresa May delivered a “landmark” speech in Italy confirming she wants a 2 year transition period with no change to current market access or rules. Speaking ahead of Brexit talks which are due to resume on Monday, May thanked European nationals living in the UK for their contribution and promised that their rights will be protected and they could “carry on” living their lives as before....

Sep
19
2017

Modern slavery in construction supply chains: does your business comply with the Modern Slavery Act 2015?
#Construction #Outsourcing & Supply Chain #Supply Chain Governance

‘Modern Slavery’ is a term which encapsulates slavery, servitude, forced or compulsory labour, and human trafficking. Recent estimates suggest that as much as 45 million people could be living in modern slavery, a problem that the Modern Slavery Act 2015 (the “Act”) was introduced to help tackle....

Sep
15
2017

Not Lovin’ It - McDonald’s workers take part in first UK strike
#Employment

Last week McDonald’s was hit by its first strike since first opening its doors in the UK in 1974. Workers took to the picket line amid concerns over low wages and the use of zero-hours contracts....

Sep
15
2017

BBC gets the ball rolling to tackle its gender pay gap
#Employment

Following the controversy surrounding BBC’s gender pay gap report, (please see our report from earlier this summer) it is unsurprising that the broadcaster has quickly announced plans to tackle its gender pay gap....

Sep
15
2017

ACAS publishes guidance on supporting parents with ill or premature babies
#Employment

ACAS has published guidance providing important information for both employees and employers in relation to premature births or full-term births where a child is ill....

Sep
15
2017

Establishing a business presence in the UK – the sole representative visa
#Immigration

Our immigration lawyers have recently seen an increase in enquiries from successful overseas business owners who wish to establish a business presence in the UK. Such individuals have explored the Tier 1 Entrepreneur visa route but either do not want to live in the UK or do not wish to make a large investment, such as the £200,000 required under the Entrepreneur route....

Sep
12
2017

CG Archive Acquisition Marks 30th for OASIS Group
#Corporate #Press

Clarkslegal, led by corporate lawyers Jon Chapman and Esma Kilic, have advised OASIS Group on all of their UK acquisitions....

Sep
11
2017

Does a commercial tenant in a commercial building have responsibility for fire safety, or should the property owner deal with it?
#Real Estate

The Grenfell Tower fire struck on 14 June 2017 in the 24-storey block of public housing flats in North Kensington, West London, causing at least 80 deaths and initiated a debate into fire safety and the rights and responsibilities of tenants and landlords. in relation to fire safety in premises, including in commercial, as well as residential, premises....

Sep
08
2017

Victim of fraud? How to identify the perpetrator
#Dispute Resolution

Every day companies and individuals lose money to fraudsters, who hack into email accounts and alter emails sent from companies to their customers, or send sophisticated phishing emails from fake domain names designed to dupe customers into believing they are from a trusted supplier. ...

Sep
07
2017

Increase to damages bands for injury to feelings and psychiatric injury
#Employment

The Presidents of the Employment Tribunal in England, Wales and Scotland have released a joint response to the Vento Bands Consultation (named after the case Vento v Chief Constable of West Yorkshire Police in which these bands were originally set out). These bands apply to discrimination cases, as well as other specific types of claim such as whistleblowing....

Sep
07
2017

Deposit order disaster: EAT confirms deposit orders should not be used to clarify cases
#Employment

In the case of Tree v South East Coastal Services Ambulance NHS Trust, the EAT held that a Tribunal cannot make a deposit order merely because the Claimant’s case is unclear....

Sep
07
2017

Leaked document on Post Brexit Immigration
#Immigration

The Guardian has obtained a copy of a leaked document setting out the government’s proposals on post-Brexit immigration. ...

Sep
05
2017

Top Tips for avoiding payment disputes
#Construction

Payment disputes continue to be one of the most common problems in the construction industry, and we have published numerous articles on the key court decisions that affect the interpretation of payment provisions...

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