Clarkslegal LLP - Solicitors in Reading and London

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Jan
08
2019

AI to make our life better? 2019 may be the year!
#Information Technology

The continued increases in AI and blockchain development and advances in hardware have impacted on all areas of life and industry and as we start 2019 one can only imagine what the next decade holds....

Jan
08
2019

Post-Brexit public procurement arrangements
#Public Procurement

The government has published its draft Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 which are intended to come into force on exit day. The draft Regulations are based on the assumption that the UK will become party to the World Trade Organisation’s Government Procurement Agreement (GPA) in its own right – currently the UK is only party to the GPA in its capacity as an EU member state. ...

Jan
04
2019

Out of the frying pan and into the fire for the UK restaurant sector in 2019?
#Food and Restaurants #Entrepreneurs & Start-Ups #Real Estate

It has been a difficult 2018 for all of us and with increased uncertainty over what the future holds in Europe consumers seem to have tightened their belts and spent less on eating out. ...

Jan
04
2019

Increase in Immigration Health Surcharge from 8 January 2019
#Immigration #Inward Investment

The Immigration Health Surcharge (IHS) will double on 8 January 2019. The IHS is a charge paid by temporary migrants to the UK. This increase means that most visa applicants (from outside the EU) will now pay £400 per year up from £200 per year. Student and Youth Mobility visa applications will have to pay £300 per year up from £150 per year....

Jan
04
2019

Advantageous treatment not the same as unfavourable treatment.
#Employment

At the end of 2018 the Supreme Court considered whether advantageous treatment, that had the potential to be even more advantageous, would constitute ‘unfavourable’ treatment within the meaning of the Equality Act....

Jan
04
2019

Court of Appeal reverses High Court Judgment that dividend payment was actually salary
#Employment

In Global Corporate Limited v Hale the Court of Appeal overturned an earlier High Court decision that dividend payments made to company director-shareholders were actually salary. ...

Jan
03
2019

Powers of Attorney and Corporate Transactions
#Corporate #Commercial #Construction

The recent Judgment of the High Court in Katara Hospitality (a company incorporated in Qatar) v (1) Gerard Guez and (2) Jacqueline Rose [2018] EWHC 3063 (“Katara Hospitality”) highlights the importance of ensuring the proper and valid execution of an instrument and also serves as a timely reminder of the importance of ensuring that the scope of an instrument is expressly set out if it is to be successfully relied upon....

Dec
20
2018

Good Work: a job well done?
#Employment

This week, in its response to the Matthew Taylor Good Work Review, the Government has published a range of proposed changes to employment law. While the Government announced these changes as the biggest reform of employment law in 20 years, the reality is more evolution than revolution....

Dec
20
2018

Uber drivers are workers, finds Court of Appeal
#Employment

Uber drivers are workers, finds Court of Appeal Upholding the decision of the Employment Appeal Tribunal made in November 2017, the Court of Appeal have ruled that Uber drivers are to be classed as workers....

Dec
20
2018

New Code of Practice on tackling sexual harassment at work
#Employment

Today, the Government has announced that it will introduce a new statutory code of practice which places greater responsibility on employers to prevent sexual harassment in the workplace and to act robustly when sexual harassment does occur. The announcement is particularly timely in the midst of Christmas party season, in which employers liability to protect staff from sexual harassment and misconduct extends to such events, as we blogged about earlier this month....

Dec
20
2018

The Little Known U.K. Passport Change That Could Cause Chaos This Summer
#Immigration #Inward Investment

While U.K. citizens pondering passport issues such as: 'will it likely be red or blue after Brexit and what line will I need to queue in after a holiday?' There are also some seemingly unpleasant side effects of the transition....

Dec
19
2018

'Recruiters warned of potential liability even when party moves off-site' - Helen Beech comments for Recruiter Magazine
#Employment #Press

Recruiters who plan to enjoy the holiday season with colleagues at a party or two should take a tip from a recent court case that suggests the party isn’t necessarily over even when off-site or out of the formal work environment. Highlighted by the recent Court of Appeal decision in Bellman v Northampton Recruitment, a business can be found to be liable for the acts of its staff even after the organised Christmas party is over under certain conditions. ...

Dec
14
2018

Paying for Unpaid Work Trial Periods
#Employment

Unpaid work trials have long been part and parcel of securing employment. Employers are naturally keen to assess an individual’s employability before remunerating their efforts. ...

Dec
14
2018

Christmas parties: duty to investigate misconduct
#Employment

While we are in the midst of Christmas party season, it is important that businesses focus on their responsibilities in connection to work social events, particularly when they involve alcohol....

Dec
11
2018

Electronic Communications Code 2017 – Termination of Pre and Post 2017 Code Arrangements – The Implications for Landowners
#Real Estate

The Electronic Communications Code 2017 (“the New Code”) came into effect on 28 December 2017 with the aim of making it easier for operators to obtain and secure certain rights. This was motivated by the Government’s wish to speed up the roll out of broadband and mobile network coverage across the UK, accepting that digital access is no longer considered a luxury but a necessity in line with other utilities. ...

Dec
11
2018

Revisiting Rock Advertising – Relying on Informal Variations to a Contract
#Dispute Resolution #Commercial #Real Estate

Earlier this year, the Supreme Court decided in Rock Advertising Ltd v MWB Business Exchange 2018 that, where a written contract states that it can only be varied by observing specified formalities (for example by doing so in writing and signed by both parties), those formalities will – in most circumstances – need to be observed if the variation is to be effective. This decision has far-reaching consequences, because many contracts are varied informally by the parties during their life without checking the requirements, which can be fatal to enforcement if a dispute arises. ...

Dec
10
2018

The “Braganza” duty - If you have a “discretionary” right in a contract, is it always truly discretionary?
#Corporate

Most people would assume that, if a contract gives one party a right to do something “in its absolute discretion”, that is the end of the matter. ...

Dec
10
2018

LTA 1954: Landlords not permitted to rely on spurious redevelopment schemes
#Dispute Resolution #Real Estate

Landlords and tenants will be familiar with the security of tenure provisions contained in the Landlord and Tenant Act 1954, which give tenants the right to renew their leases on expiry. Landlords can only object to a renewal on a limited number of grounds. One of those most frequently relied on by landlords is ground (f), which is that the landlord intends to demolish or reconstruct the premises subject to the tenancy, and cannot do so without obtaining possession from the tenant....

Dec
07
2018

Has 2018 made the ‘gig economy’ any clearer?
#Employment

The Department for Business, Energy and Industrial Strategy (BEIS) posits the following definition of the ‘gig economy’: “one that involves the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers, on a short-term payment by task basis”. We can argue about the appropriate use of ‘digital platforms’ as at first it may appear to be too restrictive a term, but it gives a good indication of the 21st-Century-nature of this type of ‘economy’ and the resulting creation of new employer-employee relationships....

Dec
07
2018

Request to change age legally rejected by Dutch court
#Employment

A Dutchman who recently asked a court in the Netherlands to lower his age by 20 years has lost his case. The court found that there was no case law or scope in legislation that would allow such a ruling....

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