Clarkslegal LLP - Solicitors in Reading and London

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May
26
2015

Public procurement: a reminder of the importance of record-keeping
#Public Procurement

A recent High Court decision has emphasised the importance to contracting authorities of creating a clear document trail when evaluating tenders in accordance with the Public Contracts Regulations 2015....

May
22
2015

Don’t wind me up!
#Restructuring & Insolvency #Dispute Resolution

A winding up petition can be a very effective tool to persuade a reluctant debtor to pay an outstanding invoice. Not only is there the prospect of the company being placed into liquidation, a petition can be advertised seven business days after it is served. Advertisement typically results in the company’s bank account being frozen, which will inevitably have a paralysing effect on its business. Once this stage has been reached the company may have passed the point of no return....

May
21
2015

Bakery discriminated in "Gay Cake" row
#Employment

A county court in Northern Ireland has found in favour of a gay couple in a judgment this week in publicised Ashers Bakery case. ...

May
21
2015

International students: a valuable resource for UK employers
#Immigration

A report published this week by London First and PricewaterhouseCoopers (PwC) claims to quantify, for the first time, the positive effect of London’s 67,000 non-EU international students....

May
21
2015

Pensions regulator issues daily fines of up to £10,000 for auto-enrolment non compliance
#Employment

Since 1 January 2015, the Pensions Regulator has used its powers for the first time to issue “escalating penalty notices”. ...

May
18
2015

Support our Nominated Charities in the Cardiff Half Marathon
#Clarkslegal

To raise money for The Wallich, one of our nominate charities for the year, six of our Cardiff office are running the Cardiff Half Marathon, on Sunday 4th October. ...

May
15
2015

European Court of Justice confirms Woolworth's decision in Northern Ireland case
#Employment

The European Court of Justice has confirmed its approach in the Woolworths case in a further judgment of the ECJ handed down this week in Lyttle and others v Bluebird UK Bidco 2 Ltd (C-182/13). ...

May
15
2015

The new Conservative Government's employment law plans
#Employment

So, after the excitement of the General Election last week, what does the new Conservative Government have in store on the employment law front?...

May
11
2015

Managing Partner David Rintoul attends TAGLaw International Conference in Scotland
#Clarkslegal

Clarkslegal’s international legal alliance, TAGLaw’s, recently held its 32nd international conference in Edinburgh, attended by our Managing Partner, David Rintoul. The conference, which took place on May 4-6, 2015, provided TAGLaw® members with the opportunity to strengthen the relationships they create within the alliance of more than 150 law firms from around the world. ...

May
11
2015

Careful now – what is the extent of a professional consultant’s duty to warn?
#Construction

The recent Goldswain case gave the High Court the opportunity to summarise the relevant case law relating to the extent of a consultant’s duty to warn its client in relation to the potential failings of other parties or of the client itself....

May
07
2015

Sexually harassed employee awarded £19,500
#Employment

An Employment Tribunal has awarded a zero-hours worker £19,500 for injury to feelings. It was found that the employer had failed to take all reasonable steps to prevent sexual harassment by the employee’s line manager....

May
07
2015

British Gas files appeal in Lock holiday pay case
#Employment

On 26 March 2015, we reported the employment tribunal decision in the Lock v British Gas case, which followed on from the European Court of Justice decision in the matter last year....

May
06
2015

Websites from Hell
#Crisis Management #Dispute Resolution

The recent case of Rada-Ortiz v Espinosa-Vadillo is welcome news for employers and others dealing with the actions of a disgruntled ex-employee....

Apr
30
2015

Woolworth's case: ECJ upholds UK law in welcome decision for employers
#Employment

In a much welcomed decision for employers, the European Court of Justice in the Woolworths/Ethel Austin case has followed the decision of the Advocate General which we reported on 6 February 2015 (Advocate General's opinion in Woolworths' case: employers now optimistic that consultation decision will be overruled)....

Apr
30
2015

Rent Deposits – A brief overview
#Real Estate

A rent deposit is money provided by a tenant to its landlord as security for payment of the rent and performance of the tenant’s covenants contained in the lease. A rent deposit deed will specify the circumstances in which the landlord can draw on this money and the conditions that must be satisfied for the deposit to be repaid to the tenant. ...

Apr
24
2015

Hinduja Group President confirms India is open for business
#Clarkslegal

This Wednesday, April 22nd, Clarkslegal and James Cowper Kreston successfully co-hosted their ‘Trading with India: The Hinduja Group Perspective’ event at the University of Reading, where they were delighted to be joined by keynote speaker Abhijit Mukhopadhyay, President (Legal) & Company Secretary of the Hinduja Group....

Apr
24
2015

Build! Build! Build! (and other real estate election pledges)
#Real Estate

Last week saw the launch of five of the main UK political party manifestos. Rarely read in detail by the voting public these tomes are often used to set out headline grabbing promises in the hope that they may sway the floating voter. ...

Apr
23
2015

Employers must remember to take tribunal fees into account when seeking settlement
#Employment

In a recent employment tribunal case, the claimants were represented by UNISON appointed solicitors in a claim against three respondents for alleged failure to consult under TUPE. When their claim form was submitted, the claimants' solicitor paid the £1,000 issue fee. The claimants each entered into a loan agreement with UNISON to advance a sum to them equal to the tribunal fees. This was repayable in the event that their claim, or part of it, succeeded in the tribunal....

Apr
23
2015

TUPE "Acquired Rights" Directive may merge with Collective Redundancy and Information and Consultation Directive
#Employment

It may not get much of a mention in the general election debates concerning Europe or employment matters but this month the European Commission launched a public consultation with the workers and employers representatives at EU level in order to obtain their views on the possible consolidation of the EU Directives on collective redundancies (Directive 98/59EC), transfer of undertakings (Directive 2001/23/EC) and information and consultation of workers (Directive 2002/14/E...

Apr
23
2015

Bangladesh UK Environmental Foundation launches in Cardiff
#Clarkslegal

A new trust, the Bangladesh UK Environmental Foundation (BUEF), was launched in Cardiff on Monday 20th April. BUEF believes it will be the only UK charitable trust specifically focused on environmental issues in Bangladesh, and aims to raise funds to support relevant projects and activities for public benefit. BUEF has lodged an application to the Charity Commission to be registered as a UK charity....

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