Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc [2014] and you can read our analysis here....
recent decision in the Technology and Construction Court has prompted the industry to once again reflect on the well-documented cases of ISG v Seevic and Harding v Paice, from which the phrase “Smash & Grab” was born. ...
Very soon a Norwegian court will hear a case based on environmental concerns against the issue of oil exploration licences. The case is helpfully reported in The Economist (Nov 4-10th)....
Since the Supreme Court’s decision on 26 July 2017 that the existing scheme of Employment Tribunal fees was unlawful, the future for employment claims has been in a state of flux. In our article in September 2017 ...
We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal. The Court of Appeal restored some sense by confirming that employees cannot claim they have been automatically dismissed for making a disclosure if the decision-maker was unaware of the protected disclosure(s)....
At the TAG Alliances conference recently held in Quebec City a plenary session on climate change was moderated by Michael Sippitt, Chairman of UK law firm Clarkslegal LLP and of the a Commonwealth Environmental Investment Platform (CEIP)....
Angel investing is by its nature a risky endeavour. Every investor naturally has an overarching goal to minimise risk and maximise returns. In the context of angel investing, ensuring that the relevant elements needed to achieve this are in place is easier said than done. ...
Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required....
The Information Commissioner’s Office (ICO) has announced that it will drop requirements for data controllers to notify the ICO of data processing activities but will retain a fee regime, when the new General Data Protection Regulation (GDPR) comes into force from May 2018....
As we have previously blogged, UK law does not do enough to protect migrant domestic workers in the UK from abuse, exploitation and modern slavery....
The ECJ has held in Ypourgos Ethnikis Pedias kai Thriskevmaton v Kalliri that a minimum height requirement of 170cm imposed by the Greek Government for men and women wishing to join the police force, amounted to indirect sex discrimination and could not be objectively justified....
Following the Supreme Court’s ruling this summer that Employment Tribunal fees were unlawful, the government has announced its fees refund scheme: individuals will be refunded their original fee along with an interest of 0.5% calculated from the date of the original payment up until the refund date....
Clarkslegal partner Michael Sippitt chaired a discussion at meeting in Quebec City of the TAG Alliances,...
Tier 2 sponsors are required to fulfil certain duties throughout the duration of their sponsor licence. Failure to comply with any of the sponsor duties, is likely to lead to a licence being suspended or in a worst-case scenario revoked and sponsored workers seeing their leave curtailed....
The 10th October marked World Mental Health Day and this year’s theme was ‘mental health in the workplace’....
Since March 2017, under the Trade Union Act, strikes require a turnout of at least 50% of all eligible voters. In the first large scale vote since the legislation came into force, postal workers represented by the Communications Workers Union (CWU) have voted to strike with a turnout of 73.7% easily passing this 50% threshold. Of those who voted an overwhelming 89% backed the strike....
Sponsor licence holders are all too familiar with the challenges of maintaining compliance with UKVI requirements. All sponsors should expect a compliance visit at some point and any visit should be taken very seriously!...
The Modern Slavery Act requires all businesses with an annual global turnover at least £36 million to produce a modern slavery statement each year. It should include details of what (if anything) the business is doing to combat modern slavery and human trafficking within its business and supply chain – both in the UK and abroad. This should be published within six months of the end of their financial year. This statement must be published on the business’ website, with a link to it in a prominent place on the homepage....
Faced with misleading press stories, the ICO has been addressing misconceptions about the GDPR by publishing myth busting blogs, including on the new requirement to report serious breaches of personal data....
The Enterprise Investment Scheme (EIS) and Seed Enterprise Investment Scheme (SEIS) are schemes run by the government offering generous tax breaks to encourage SME growth and investment in such companies....