Clarkslegal LLP - Solicitors in Reading and London

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Dec
11
2018

Electronic Communications Code 2017 – Termination of Pre and Post 2017 Code Arrangements – The Implications for Landowners
#Real Estate

The Electronic Communications Code 2017 (“the New Code”) came into effect on 28 December 2017 with the aim of making it easier for operators to obtain and secure certain rights. This was motivated by the Government’s wish to speed up the roll out of broadband and mobile network coverage across the UK, accepting that digital access is no longer considered a luxury but a necessity in line with other utilities. ...

Dec
11
2018

Revisiting Rock Advertising – Relying on Informal Variations to a Contract
#Dispute Resolution #Commercial #Real Estate

Earlier this year, the Supreme Court decided in Rock Advertising Ltd v MWB Business Exchange 2018 that, where a written contract states that it can only be varied by observing specified formalities (for example by doing so in writing and signed by both parties), those formalities will – in most circumstances – need to be observed if the variation is to be effective. This decision has far-reaching consequences, because many contracts are varied informally by the parties during their life without checking the requirements, which can be fatal to enforcement if a dispute arises. ...

Dec
10
2018

The “Braganza” duty - If you have a “discretionary” right in a contract, is it always truly discretionary?
#Corporate

Most people would assume that, if a contract gives one party a right to do something “in its absolute discretion”, that is the end of the matter. ...

Dec
10
2018

LTA 1954: Landlords not permitted to rely on spurious redevelopment schemes
#Dispute Resolution #Real Estate

Landlords and tenants will be familiar with the security of tenure provisions contained in the Landlord and Tenant Act 1954, which give tenants the right to renew their leases on expiry. Landlords can only object to a renewal on a limited number of grounds. One of those most frequently relied on by landlords is ground (f), which is that the landlord intends to demolish or reconstruct the premises subject to the tenancy, and cannot do so without obtaining possession from the tenant....

Dec
07
2018

Has 2018 made the ‘gig economy’ any clearer?
#Employment

The Department for Business, Energy and Industrial Strategy (BEIS) posits the following definition of the ‘gig economy’: “one that involves the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers, on a short-term payment by task basis”. We can argue about the appropriate use of ‘digital platforms’ as at first it may appear to be too restrictive a term, but it gives a good indication of the 21st-Century-nature of this type of ‘economy’ and the resulting creation of new employer-employee relationships....

Dec
07
2018

Request to change age legally rejected by Dutch court
#Employment

A Dutchman who recently asked a court in the Netherlands to lower his age by 20 years has lost his case. The court found that there was no case law or scope in legislation that would allow such a ruling....

Dec
07
2018

Should veganism be recognised as ‘philosophical belief’?
#Employment

In March 2019, members of an Employment Tribunal will have to decide whether ‘veganism’ will receive the same protection against discrimination as Christianity, Islam and Judaism. ...

Dec
07
2018

Connecting the workers of the world
#Employment #Information Technology

As the High Court has just ruled against the Independent Workers of Great Britain on their judicial review application against the Central Arbitration Committee, which had held that Deliveroo riders were not workers or employees entitled to collective bargaining, this reminds that we are going through a significant period of change. So many more people are now part of the gig economy and the law does not yet recognise they have rights to do things like choose union representation for collective bargaining....

Dec
07
2018

Tier 1 Investor visas on halt amid corruption fears
#Immigration

Tier 1 investor visas which require a person to invest at least £2million in the UK is currently suspended until the Home Office put new rules into place....

Dec
06
2018

2018/2019 – 5 key themes in Construction Law
#Construction

2018 has been a rollercoaster year for construction. The collapse of Carillion casting light on unfair payment practices, abuse of retentions and the woeful profit margins. The Hackitt Report in May 2018 identifying the need for an industry-wide cultural shift away from cost focussed agendas and towards prioritising good quality service and products, facilitated by a full-life “golden thread” of digital information....

Dec
05
2018

Liquidated damages: commercially justified, not a penalty
#Construction #Dispute Resolution

Some significant issues in relation to the application of liquidated damages for delay have been considered in the recent case of GPP Big Field LLP & Anor v Solar EPC Solutions SL (2018). GPP Big Field LLP and GPP Langstone LLP (together and separately “GPP”), as employer, entered into five EPC contracts with Prosolia UK Limited (“Prosolia”), the contractor, for the construction of solar power generation plants in the UK. ...

Dec
03
2018

Digital Twin: A Road to the Future?
#Information Technology

Advances in the availability and reliability of Internet of Things (IoT) components mean that digital twins are fast becoming a commercially viable solution....

Dec
03
2018

CITB: Construction’s Digital Future “Depends on the People Who Work in the Industry”
#Construction #Information Technology

In October 2018, the CITB (Construction Industry Training Board) produced a new research report detailing a skills plan for the construction industry (“Unlocking Construction’s Digital Future: A skills plan for industry”). The report investigates the role technology could play in the construction sector....

Dec
03
2018

What it takes to trade globally
#Inward Investment #Employment #Information Technology

Whatever the shape of Brexit, or no Brexit, the opportunity to do more business around the wider world has figured large in the national debate, and is still a core issue of concern in the proposed Brexit deal....

Dec
03
2018

Christmas Parties – Festive Fun or a New Year Hangover?
#Employment

It’s less than four weeks until Christmas and the Christmas party season is about to begin. The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims....

Dec
03
2018

Michael Sippitt speaks at Commonwealth HQ in London about future trends in Commonwealth trade
#Information Technology #Environment

The Commonwealth organised a very stimulating event about future trends in Commonwealth trade at Commonwealth HQ in London on 30 November, addressed by expert panels with diverse professional and international experience....

Nov
30
2018

Long-term disability dismissal frustrates entitlement to benefits
#Employment

In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity. The Claimant had a contractual entitlement to a long-term disability benefit plan for the duration of his employment....

Nov
30
2018

Disability discrimination – Claimant’s ‘tendency to steal’ did not attract protection despite his underlying medical conditions
#Employment

Under the Equality Act (Disability) Regulations 2010 (the “Regulations”), a number of conditions are said not to be impairments. This means that they are not disabilities and do not therefore receive protection under the Equality Act (the “Act”). ...

Nov
27
2018

Microplastic Pollution - let’s get tackling with technology
#Information Technology #Environment

Over recent months the issue of plastic pollution, particularly in our oceans, has come to the fore and is recognised as one of the biggest environmental challenges of our time. Who can forget those appalling images of the sea of plastic covering large swathes of our oceans, or seeing marine life tangled, and strangled by plastic....

Nov
27
2018

Public procurement and development agreements
#Public Procurement

The Court of Appeal has handed down its judgment in the case of R (Faraday) v West Berkshire Council [2018] EWCA Civ 2532, which has important consequences for local authorities and developers entering into development agreements. ...

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