Clarkslegal LLP - Solicitors in Reading and London

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Sep
04
2018

The Legal 500 Hall of Fame  
#Clarkslegal #Press

Clarkslegal are delighted to announce that Antony Morris, David Rintoul and Michael Sippitt have been inducted to The Legal 500 Hall of Fame, as elite leading lawyers. ...

Sep
04
2018

Augmented Reality and Virtual Reality- the way forward for recruitment?
#Information Technology #Employment

Augmented reality (“AR”) is becoming more and more prominent. Put simply, AR is technology that superimposes a computer-generated image onto a user’s view of the real world....

Sep
03
2018

Japanese knotweed – What a nuisance!
#Real Estate

Fallopia Japonica, otherwise known as Japanese knotweed, has always been seen as an aggressive nuisance to property owners but the recent case of Network Rail Infrastructure Limited v Stephen Williams and Robin Waistell [2018] EWCA Civ 1514 has now confirmed that the presence of Japanese knotweed is also an actionable nuisance. This case involves some knotweed on Network Rail’s land that was within 7 metres of the two claimants’ properties....

Aug
31
2018

Case law update
#Construction

This article highlights three recent court cases of importance to the wider construction industry....

Aug
31
2018

Food tech venture capital is burgeoning
#Information Technology #Food and Restaurants

From meal delivery kit businesses to meat substitutes, investors are accelerating their bets on the food tech sector. According to Pitchbook, investors in the US have poured a record-breaking $2 billion into the sector so far this year, relative to $1.5 billion in each of the previous two years....

Aug
31
2018

Legal Challenge to Immigration Exception in Data Protection Act 2018
#Immigration #Inward Investment

The Government is facing judicial review proceedings over an exemption in the Data Protection Act 2018 that prevents citizens from accessing their immigration data. Two campaign groups, the Open Rights Group and the3million, have threatened legal action since the provision was introduced into the Data Protection Bill, and have now launched a legal challenge with the aim of seeing the provision removed from the statute....

Aug
31
2018

Working 9 to 5…or are we?
#Employment

A new YouGov survey of over 1800 people in the UK has found that only 6% are working the traditional working hours of 9am-5pm. 58% of those surveyed said they would like to start work earlier than 9am if it meant they could go home earlier....

Aug
31
2018

The African Century – Michael Sippitt’s Letter to City AM
#Commercial #Press

It is good news that the Prime Minister is on a mission to emphasise the opportunities of more trade with Africa. ...

Aug
29
2018

Victimisation: Dishonesty essential for ‘bad faith’ argument
#Employment

Victimisation occurs when someone is subjected to a detriment because they have done (or it is believed they have or may do) a protected act. However, if the individual gives false information or makes a false allegation, their actions cannot amount to a protected act if these were also done in bad faith. If the information or allegation turns out to be false but was made in good faith it will still be protected. ...

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....

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