Pensions Legal Update: New regulations from 6 April 2018

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Court of Appeal has held that public policy interests do not justify the release of restrictive covenants

By Bill Howard, Michael Callaghan The Court of Appeal has held that public policy interests do not justify the release of restrictive covenants where a developer deliberately builds houses on land in breach of those covenants. Background Millgate, a property developer, obtained planning permission for, and then built, houses and flats on a development site. Part […]

Supreme Court hands down judgment in S Franses v Cavendish Hotel case

By Kirsty Black, Lucy Shepherd A landlord can defeat a lease renewal on development grounds only where it intends to carry out the works whether or not the tenant is in occupation. The Supreme Court has handed down its eagerly-awaited judgment in S Franses Ltd v The Cavendish Hotel (London) Ltd, the facts of which we covered in our […]

Christmas parties in the #MeToo era: how to minimise risk

By Michael Briggs A year has passed since the birth of the #MeToo movement shone the spotlight on accounts of sexual harassment across the globe. As we enter Christmas party season, employers should be mindful of their legal responsibilities to protect their employees. The Christmas party Christmas parties should be a time for people to celebrate […]

Supreme Court: Rights to use sporting and leisure facilities can be easements

By Charlotte Walker, Alex Jones The Supreme Court has held that rights to use sporting and leisure facilities can be easements, even where some of the facilities were constructed after the date when the easement was granted. In our article Rights to use sporting facilities held to benefit landowners we reported on the High Court’s decision in Regency Villas […]

Ready to complete or not? Cantt Pak v Pak Southern China Property Investment impact

BY Michael Gaughan, Lucy Shepherd A recent case has held that a seller was ready, willing and able to complete despite not being able to provide immediate vacant possession and itself being in repudiatory breach. Facts The facts of Cantt Pak Limited (seller) v Pak Southern China Property Investment Limited (buyer) are complex. But basically, the […]

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Case law update: December 2018

By David Smedley, Andrew Rayment Bellman v Northampton Recruitment Ltd – Employer held liable for managing director’s violent conduct The Court of Appeal has found a company vicariously liable for the violent conduct of its managing director at a Christmas party where the attack left an employee severely disabled.

New IR35 rules for contractors in the private sector from 6 April 2020

By David Smedley, Andrew Rayment New IR35 changes due to take effect in the private sector from 6 April 2020 will have a significant impact on businesses that engage consultants or contractors via intermediary companies (either directly or through an agency). Affected employers will need to plan for these changes well in advance. Following a […]

Ethnicity pay gap reporting

By David Smedley, Andrew Rayment Mandatory pay gap reporting on grounds of ethnicity (similar to gender pay gap reporting) could be on the horizon. In line with a manifesto commitment, the Government has published a consultation paper on introducing mandatory pay gap reporting on ethnicity grounds. The consultation comes on the heels of the Government’s […]

Government considering reintroducing employment tribunal fees

By David Smedley, Andrew Rayment It has been reported that the Government is considering reintroducing employment tribunal fees. No specific details have been provided but the Ministry of Justice has said that it is confident that a fee system can be found which does not deny claimants access to justice (the reason the original fee regime was […]

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