Clarkslegal LLP - Solicitors in Reading and London

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Dec
10
2015

Clarkslegal acts for Eden Motor Group on its latest acquisitions  
#Clarkslegal #Corporate

Clarkslegal’s corporate team, led by Ashan Arif, recently advised Eden Automotive Investments Limited on its acquisition of Peugeot dealership....

Dec
08
2015

Further changes planned for rules on late payment of debts and challenging “grossly unfair” payment terms
#Corporate

The negative impact that late payment of debts has on small and medium sized businesses is well documented. In 2014, the Federation of Small Businesses carried out a survey that revealed that at least 51% of its members had suffered from late payments in the previous 12 months. ...

Dec
07
2015

Applications for Payment – The New Rules
#Construction

A new level of importance has been placed on applications for payment in the construction industry. As a result, contractors must up their administrative game....

Dec
04
2015

Can you recover rent after exercising a break clause?
#Dispute Resolution #Real Estate

As any commercial landlord or tenant knows, rent is usually payable quarterly in advance. However what happens if you have paid rent for a full quarter but you are able to end your lease by serving a break notice that takes effect during the course of that quarter. Are you entitled to the return of rent relating to the period after the end of the lease?...

Dec
04
2015

New guidance on disability
#Employment

ACAS has released updated guidance on managing disability in the workplace 'Disability discrimination: key points for the workplace’. ACAS say that last year they had nearly 12,000 calls to the their helpline related to disability issues and received almost 3,000 disability discrimination employment tribunal cases....

Dec
04
2015

TUPE: guidance on tasks of short-term duration
#Employment

If a client decides to outsource certain services for the first time, reassign those services to another contractor or bring those services back “in-house,” there may be a service provision change under TUPE. If however the activities performed relate to a one off event or task of short-term duration, TUPE will not apply....

Dec
03
2015

Rent Reviews- are you being treated fairly?
#Real Estate

The subject of rent review is immensely complex and many articles and books have been written solely on this topic. In this short article we are highlighting rent review points from two recent transactions where we have acted for the prospective tenants and were asked to advise whether the wording of the rent review clauses had a disadvantageous effect on the tenants in question....

Dec
03
2015

Video Highlights - The Climate Challenge Conference and Reception, Malta
#Clarkslegal

A special thank you our guest speakers Dr Michael Dixon, General Manager, Smarter Cities, IBM Corporation; Mikele Brack, Founding Partner, Urban Living Solutions; Dr Adrian Champion, a specialist in meteorology at the University of Reading; Josh Sawislak, Global Director of Resilience, AECOM; Chris Donnelly, The Institute for Statecraft; and Sunil Shastri, Lecturer & Senior Tutor in Marine Policy, University of Hull....

Dec
03
2015

Be resilient: take immediate action for the ‘world’s greatest single challenge’, Commonwealth told at international Climate Challenge Conference
#Clarkslegal

The need to be resilient and proactive in preparing for a radically changing climate is the priority for sustainable, smarter cities, according to leading experts at the dedicated Climate Change conference alongside the Commonwealth Heads of Government Meeting (CHOGM) 2015 in Malta last week. ...

Nov
27
2015

Early Conciliation not required before applying to amend an existing ET claim
#Employment

In the recent case of Science Warehouse Ltd v Mills (UKEAT/0224/15), the Employment Appeal Tribunal (EAT) held that it is not necessary for a claimant to go through the Early Conciliation process (“EC process”) again in respect of a new claim arising out of a related set of facts after the EC process has concluded and an ET1 presented to the Tribunal....

Nov
27
2015

Government's announcement on the Apprenticeship Levy
#Employment

Earlier this year the Government announced that it would be introducing an apprenticeship levy on large employers as part of its pledge to create 3 million quality apprenticeships over the next five years....

Nov
25
2015

Incorporating best practice in the procurement process
#Public Procurement

Countries within the Commonwealth are subject to a diversity of legal frameworks, rules and regulations. Certain organisations (such as central and local government) based in countries within the European Union (“EU”) are subject to stringent legislation in terms of how a public contract should be procured. For organisations based outside of the EU, the legal framework may be less specific and thought therefore needs to be given as to the process adopted for procuring a public contract....

Nov
23
2015

Ex-City Link Directors cleared of criminal offence for failing to notify BIS of large-scale redundancies
#Employment

City Link was placed into administration on 24 December 2014, resulting in the loss of over 2000 jobs. Employers planning to dismiss between 20 and 99 staff or more staff at one location must notify BIS in writing 30 days in advance. Employers planning to dismiss 100 or more staff at one location must give BIS 45 days’ written notice. Failure to notify BIS in this way is a criminal offence, for which the maximum fine is currently £5,000....

Nov
23
2015

Who will pay for the National Living Wage?
#Employment

Earlier this month we blogged about the National Living Wage (“NLW”), which is expected to come into force in April 2016 for all workers aged 25 and above. Minimum hourly pay for those workers will increase from £6.70 to £7.20 and it’s envisaged that the NLW will increase over the coming years to reach a target of £9.00 per hour by 2020....

Nov
16
2015

Partner David Rintoul strengthens relations with TAG Alliances at TAGLaw International Conference in Los Angeles
#Clarkslegal

Clarkslegal’s international legal alliance, TAGLaw, recently held its 33rd international conference from 26-28 October in Los Angeles, attended by our Partner, David Rintoul. Also in attendance at the conference were members of TAGLaw’s affiliate alliances, TIAG® (The International Accounting Group) and TAG-SP™. All three alliances are collectively known as the TAG Alliances™....

Nov
13
2015

Work social: dismissal for punch to face was fair despite only final warning for colleague's extremely violent threats
#Employment

The recent case of MBNA Ltd v Jones demonstrates that differential treatment of employees in misconduct situations will not necessarily amount to an unfair dismissal. ...

Nov
13
2015

Government clamp down on "off-payroll" workers
#Employment

We reported on the Government’s proposal to clamp down on false self employment last year. Since that announcement, the Ministry of Defence was, earlier this year, fined £1m for failing to seek assurance from a number of workers on their tax arrangements. The Department of Health was also fined £470,740 because two of its board members were off-payroll for over a year....

Nov
11
2015

Marking of Public Tenders criticised by Court
#Public Procurement #Dispute Resolution

One of the most interesting procurement decisions to come out of the court in recent months is that of Woods Building Services v Milton Keynes Council. ...

Nov
09
2015

Penalty Clauses in Contracts - all change after 100 years
#Dispute Resolution

It is common to see clauses in commercial contracts which seek to fix the damages which will be payable if one party breaches their contractual obligations. Sometimes the figures will be broadly what the parties would expect the financial loss caused by the breach to be. In other cases, the figures will be widely excessive and the suspicion will be that the person drafting the contract was seeking to impose an additional incentive on the other party to comply with the terms of the contract to avoid being heavily penalised....

Nov
06
2015

Government drops key proposed changes to strike and picketing laws in Trade Union Bill
#Employment

On 15 July 2015, the government published the Trade Union Bill 2015-16 and published a Consultation on tackling intimidation of non-striking workers to seek views on proposed reform of the law relating to picketing and protests in order to address intimidation and so-called "leverage tactics" by unions....

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