Clarkslegal LLP - Solicitors in Reading and London

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Aug
29
2018

An overview of the new NEC4 Alliance Contract
#Construction

The NEC launched its new NEC4 Alliance Contract (“ALC”) in June 2018, a contract which incentivises parties to collaborate more closely. ...

Aug
29
2018

Do you want fries - I mean AI with that?
#Information Technology #Commercial #Food and Restaurants

Recent weather and its impact on the food chain has seen quite a bit of media coverage over the last couple of months. However, the increased use and experiments with AI in all aspects of the food and beverage sector has also proved topical....

Aug
24
2018

Zero hours, zero protection, zero remedy?
#Employment

As we blogged in June, individuals on zero hours contracts can bring claims for less favourable treatment of part-time workers by comparing to compare themselves to full-time workers even though they have different kinds of contracts. More recently, the Employment Appeal Tribunal (“EAT”) Judgment in Rice Shack Ltd v Obi was published....

Aug
23
2018

Refusal to postpone disciplinary hearing when companion not available was unfair
#Employment

In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (the ‘EAT’) held that an employer’s refusal to postpone a disciplinary hearing for two weeks to enable the Claimant’s union official to accompany her rendered the subsequent dismissal unfair. In this case, the Claimant faced disciplinary action for sending unprofessional emails....

Aug
21
2018

‘What next for Russia’s super-rich?’ - Monica Atwal comments for Spear‘s
#Immigration #Inward Investment #Press

Sanctions to the left, proposed taxes to the right, Russia’s super-rich face big decisions both at home and in the UK....

Aug
16
2018

Five month break in activities did not prevent a TUPE transfer
#Employment

In this recent case, the management of a school in Spain was sub-contracted out by the local authority. In the midst of a dispute the contractor dismissed all of the school’s staff on 27 March 2013. ...

Aug
16
2018

Legal Privilege may not apply to advice to “Cloak Discrimination”
#Employment

As a general rule, a lawyer’s advice to their client is legally privileged. However, there is an exception to this, known as the iniquity exception, which applies when advice is given for the purpose of furthering a criminal or fraudulent design. ...

Aug
14
2018

AI the future of retail banking?
#Commercial #Information Technology

The use of AI software in providing audit and compliance roles, conversational interfaces (“chatbots”) and analytics to identify and match clients best positioned for particular investments is and has been in operation for some time in the commercial banking sector....

Aug
14
2018

Administration in brief
#Commercial #Corporate

In light of the increasing number of retailers entering insolvency proceedings the spot light is again on the administration process. This article summarises the administration process and reflects on why it has received recent bad press....

Aug
14
2018

What happens when the property is damaged after exchange of contracts? Does the Buyer still have to complete its purchase?
#Real Estate

The answer is that it will depend on the terms of the sale and purchase agreement. When dealing with commercial property, the parties usually rely upon the Standard Commercial Property Conditions which provide at Condition 8 that the Property is at the risk of the buyer from the date of the Contract....

Aug
10
2018

An employment tribunal was wrong to limit a claim to ‘the top 10’ allegations
#Employment

Many employers will be familiar with the difficulties which arise when an employee alleges numerous legal breaches, citing large numbers of incidents.In the case of Tarn v Hughes & Ors, a GP claimed pregnancy and maternity discrimination, alleging 46 legal breaches of three different kinds. The tribunal was asked to decide 180 issues....

Aug
10
2018

Respondent barred from liability hearing may still participate in remedy hearing
#Employment

The Court of Appeal held in Office Equipment Systems v Hughes that even where a party is debarred from contesting liability at a hearing, they should normally be permitted to contest remedy....

Aug
10
2018

Technology: Giving Green Energy the Green Light?
#Information Technology #Environment

The amount of energy generated by renewable energy sources is on the rise. The BEIS reports that renewable sources now account for approximately 30% of all electricity generated.[1]...

Aug
03
2018

Home Office updates Tier 2 sponsor guidance for businesses
#Immigration #Inward Investment

In July, the Home Office updated its sponsor guidance for businesses sponsoring Tier 2 and 5 workers. HR teams and those responsible for managing sponsorship duties, should ensure they are aware of the updates. The Home Office has also made changes to Appendix D, specifically in relation to the documents which must be retained following a Resident Labour Market Test....

Aug
03
2018

Employers’ duty of care to employees does not extend to the conduct of litigation
#Employment

The Supreme Court recently held that employers sued on the basis of vicarious liability for acts of their employees do not owe those employees a duty to defend the proceedings in a manner that protects the employees’ own economic or reputational interests. In James-Bowen & Ors v Commissioner of Police of the Metropolis, a terrorist suspect alleged that he had been seriously assaulted in the course of his arrest and brought a personal injury claim against the Police Commissioner for vicariously liability for the police officers’ actions....

Aug
03
2018

No extra time where notice of appeal lost in the post
#Employment

In Haydar v Pennine Acute NHS Trust, the Claimant had brought claims against his employer which included unfair dismissal and discrimination. His claim for discrimination was dismissed and, although, the unfair dismissal claim was upheld a finding of contributory fault was made. The claimant alleged that he sent an appeal against this judgment to the Employment Appeal Tribunal (EAT) prior to the relevant deadline, however, there was no record of this being received by the EAT. ...

Aug
01
2018

Clarkslegal advises BMW Group UK on recent acquisition
#Corporate #Automotive #Commercial

Head of Corporate, Ashan Arif supported by Kirstin Parker, Caroline Lendrum and Martha Craven, advised BMW Group UK on its recent acquisition from H.R. Owen. Details of the transaction are confidential. ...

Aug
01
2018

The six-month review: Construction adjudication case law update 2018
#Construction

Now we are into the second half of 2018, it is time to look back in overview at the key court decisions that have changed the shape of the adjudication legal landscape....

Jul
31
2018

Contracting out of concurrent delay
#Construction #Dispute Resolution

Many construction disputes involve delay claims. The ‘prevention principle’ operates so that an employer cannot hold a contractor to an agreed completion date if the employer prevented contractor from achieving the date. In such circumstances time becomes at large and the contractor is instead obliged to complete within a reasonable time....

Jul
27
2018

Strike action could not go ahead despite a majority of votes in favour
#Employment

Before a strike can be lawful, unions have to hold a secret postal ballot of the union members who could take part. Earlier this year, the government offered civil servants a pay increase of 1%....

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