b IHC HR e-briefing 116 - Default retirement age to be abolished next year By www.eversheds.com Published On :: 2010-07-28 Default retirement age to be abolished next year The Government has this morning confirmed that it plans to abolish the default retirement age (DRA) next year. The aim is that from 6 April 2011 the statutory retirement procedure in Schedule 6 of th... Full Article
b IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap! By www.eversheds.com Published On :: 2010-07-30 The Court of Appeal has approved the application of the House of Lords decision in the case of London Borough of Lewisham v Malcolm [2008] IRLR 700 to employment-related cases. See our previous HR e-briefing 366 for further information. In many res... Full Article
b IHC HR e-briefing 118 - The ECJ clarifies the effect of a relevant transfer on trade union recognition By www.eversheds.com Published On :: 2010-08-05 After more than 10 years of European legal protection for employees in the event of a relevant transfer, many aspects of the Transfer of Undertakings Directive 2001 (Council Directive 2001/23/EC) and its predecessor have by now been litigated over a... Full Article
b IHC HR e-briefing 119 - Equality Act 2010: public sector duties By www.eversheds.com Published On :: 2010-08-23 The Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati... Full Article
b Equality Act 2010: public sector duties By www.eversheds.com Published On :: 2010-08-23 The Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati... Full Article
b IHC HR e-briefing 120 - Legal professional privilege and in-house lawyers: EU declines to extend the scope By www.eversheds.com Published On :: 2010-09-17 Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho... Full Article
b IHC HR e-briefing 122 - Employment law changes from 1 October 2010 By www.eversheds.com Published On :: 2010-09-27 We have set out below a summary of the notable legislative changes from 1 October 2010. Equality Act 2010 Regulations have recently confirmed which parts of the Equality Act 2010 will take effect on 1 October this year and which parts are currentl... Full Article
b IHC HR e-briefing 123 - European case set to boost paternity rights By www.eversheds.com Published On :: 2010-10-01 A new ruling from the Court of Justice of the European Union (CJEU) suggests fathers who take advantage of new rights to extended paternity leave from April next year could be entitled to the same rights and benefits from their employer as women who... Full Article
b IHC HR e-briefing 125 - Equality Act 2010: public sector duties in Wales and Scotland By www.eversheds.com Published On :: 2010-10-12 The Scottish Government and the Welsh Assembly Government have issued consultation documents setting out their plans for specific duties for their respective relevant public bodies. These specific duties will supplement the new general duty, introdu... Full Article
b IHC HR e-briefing 126: Two new European Court rulings on age discrimination By www.eversheds.com Published On :: 2010-10-15 The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow... Full Article
b Handling electronic disclosure from October 2010 By www.eversheds.com Published On :: 2010-10-20 The change Important new guidance for giving disclosure of electronic documents in civil litigation was introduced on 1 October 2010. A new practice direction (31B: the Electronic Disclosure PD) will have a significant impact on substantial c... Full Article
b IHC HR e-briefing 128 - Important TUPE case on non contractual employers By www.eversheds.com Published On :: 2010-10-27 Does the transferor need to be the employer? This may sound a strange question in abstract but, in the context of group companies, can be a highly relevant issue to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In... Full Article
b IHC HR e-briefing 129 - Court of Appeal decides collective redundancy consultation law is unclear By www.eversheds.com Published On :: 2010-11-09 The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin... Full Article
b IHC HR e-briefing 130 - Annual Limit for Non-European Workers By www.eversheds.com Published On :: 2010-11-25 On 23rd November, the Home Secretary, Theresa May, made the long awaited announcement regarding the limits for workers from outside Europe which will come into effect in April 2011. In July 2010 interim limits were brought into effect to prevent a s... Full Article
b IHC HR e-briefing 131 - Data protection: ICO flexes muscles with first use of new fines power By www.eversheds.com Published On :: 2010-11-25 The ICO has announced its first use of its recent power to issue fines or monetary penalties for serious breaches of the data protection legislation. The power became effective in April 2010 (see Full Article
b IHC HR e-briefing 132 - Update on the Two-Tier Code By www.eversheds.com Published On :: 2010-12-14 Last month we commented upon speculation that the Government planned to withdraw the Cabinet Office statement of practice on workforce matters, “Two-Tier Code” (Full Article
b IHC HR e-briefing 133 - Government confirms October abolition of default retirement age By www.eversheds.com Published On :: 2011-01-13 The Government has today published a response to its public consultation on plans to abolish the default retirement age. Although the regulations by which this will be effected are unlikely to be published for a few weeks, the Government has confirm... Full Article
b IHC HR e-briefing 134 - Employment Tribunal reform: a promising start By www.eversheds.com Published On :: 2011-01-27 The Government has today published a consultation on employment tribunal reform. The consultation floats a wide-range of proposals, going well beyond the measures which were rumoured to be up for consideration. The consultation document inclu... Full Article
b IHC HR e-briefing 135 - New tax rules may impact on employee rewards and incentives By www.eversheds.com Published On :: 2011-02-03 New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune... Full Article
b IHC e-briefing 136 - Scaling down for Vetting and Barring By www.eversheds.com Published On :: 2011-02-11 The government has today published the Protection of Freedoms Bill. The Bill contains many proposals, but those of most significance to employers are those which are the result of an extensive review of the vetting and barring system, and which incl... Full Article
b IHC HR e-briefing 137 - Retirement abolition regulations not as expected By www.eversheds.com Published On :: 2011-02-17 The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f... Full Article
b IHC HR e-briefing 138 - EAT decides key case on TUPE and insolvency By www.eversheds.com Published On :: 2011-02-18 Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h... Full Article
b IHC HR e-briefing 140 - Retirement regulations amended By www.eversheds.com Published On :: 2011-03-02 The Government has laid before Parliament a revised draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which are intended to abolish the default retirement age. The new regulations correct a pr... Full Article
b IHC HR e-briefing 142 - Changes to pay procedures By www.eversheds.com Published On :: 2011-03-17 From 6 April 2011 significant changes will be made to the operation of PAYE on both payments made to employees following the termination of their employment and on the engagement of new employees who fail to provide a P45. From that date, employers ... Full Article
b Eversheds' IHC HR e-briefing 144: Progress on public sector specific equality duties By www.eversheds.com Published On :: 2011-03-23 The Government Equalities Office (GEO) is proposing to make significant changes to the planned specific equality duties that will apply to certain public bodies in England, as well as some operating across Great Britain. The Welsh Assembly Governme... Full Article
b Eversheds' IHC HR e-briefing 145: Local government two-tier code to be scrapped By www.eversheds.com Published On :: 2011-03-24 The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ... Full Article
b Lawbite: The retail CVA Lessons from the Debenhams case By www.eversheds.com Published On :: 2019-10-09 (1) Discovery (Northampton) Limited (2) Discovery (Nuneaton) Limited (3) Southampton Estates Limited (4) Discovery (Torquay) Limited (5) Discovery (Folkestone) Limited (6) Discovery (Harrogate) Limited v Debenhams Retail Limited (2) James Robert Tuc... Full Article
b Lawbite: What is the intention? By www.eversheds.com Published On :: 2019-10-09 London Kendal Street No.3 Limited v Daejan Investments Limited (County Court) Earlier this summer the County Court at Central London issued the first decided case to apply the test given in the Supreme Court case of S Franses Ltd v Cavendish Hotel (... Full Article
b Eversheds Sutherland property column: October 2019 By www.eversheds.com Published On :: 2019-10-11 Chris Mullings of Eversheds Sutherland discusses the different contractual arrangements for options, pre-emptions and rights of first offer, and considers which might best suit particular circumstances and whether the parties really meant what they ... Full Article
b Lawbite: Youve got mail By www.eversheds.com Published On :: 2019-10-14 Neocleous v Rees [2019] EWHC 2462 (Ch) Where a contract was formed over a series of emails and involved the transfer of an interest in land the automatic sign off on the solicitor’s email was enough to mean the document was “signed&rdquo... Full Article
b Lawbite: Keep your ear to the ground By www.eversheds.com Published On :: 2019-10-14 In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct... Full Article
b Lawbite: The dangers of a wild goose chase By www.eversheds.com Published On :: 2019-10-15 Canada Goose UK retail Ltd and James Hayton v Persons Unknown (1) and People for the Ethical Treatment of Animals (PETA) Foundation (2) 2019 EWHC 2459 Clothing retailer Canada Goose (“CG”) recently failed to persuade the Court that it sh... Full Article
b Lawbite: Occupiers, Occupation and the imposition of rights under the Electronic Communications Code By www.eversheds.com Published On :: 2019-10-24 Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr... Full Article
b Lawbite: A game of two halves for the Chelsea injunction By www.eversheds.com Published On :: 2019-10-31 Chelsea Football Club –v- Hardiman [2019] 10 WLUK 100 Chelsea had taken action to prevent an alleged ticket tout from selling tickets to football matches at the Chelsea ground. It applied to court to continue the injunction which it had ... Full Article
b Lawbite: The broken rating system By www.eversheds.com Published On :: 2019-11-01 The Treasury Select Committee’s report highlights the recent calls for meaningful reform to the business rates system. The concerns have been growing, culminating most recently in a letter signed by over 50 retail bosses to the Chancello... Full Article
b The Bruce Dear Interview: Fidelity's Neil Cable in the spotlight By www.eversheds.com Published On :: 2019-11-15 As originally published on CoStar on 07 November 2019 In the first of a regular series, leading real estate lawyer Bruce Dear talks to a senior player in real estate over ... Full Article
b Lawbite: The takeover of 5G proposed reforms to permitted development rights By www.eversheds.com Published On :: 2019-11-19 In August 2019, the Government consulted on the principle of amending permitted development rights in England to grant planning permission for mobile infrastructure to support deployment of 5G and extend mobile coverage. The Government is committed ... Full Article
b Lawbite: Changing with the times refusing consent to residential use By www.eversheds.com Published On :: 2019-11-19 Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47 The Supreme Court has overturned the decision of the two lower courts and held that a landlord was reasonable to withhold its consent to the tenant’s applicatio... Full Article
b Lawbite: Landlords duties to occupiers By www.eversheds.com Published On :: 2020-01-24 Essex County Council, Havering College of Further and Higher Education, The Governing Body of Sawyers Hall College v Davies and others [2019] EWHC 3443 A recent High Court case has reaffirmed the well-established rule that a landlord does not owe a ... Full Article
b Lawbite: Injunctions the intention is clear By www.eversheds.com Published On :: 2020-01-27 CUADRILLA BOWLAND LIMITED & ORS (Claimants/Respondents) v (1-3) PERSONS UNKNOWN (Defendants) & (1) KATRINA LAWRIE (2) LEE WALSH (3) CHRISTOPHER WILSON (Appellants/Respondents to Committal Applications) [2020] EWCA Civ 9. The Court of Appeal ... Full Article
b Lawbite: CVAs revocable after termination? By www.eversheds.com Published On :: 2020-01-30 (1) Edward Williams (2) Christine Mary Laverty v Carraway Guildford (Nominee A) Ltd & 19 Ors [2019] EWHC 3073 (Ch) The High Court recently refused to strike out a challenge to Regis UK Limited’s CVA despite the CVA having been terminated b... Full Article
b Lawbite: Trust me, a charity you are not! By www.eversheds.com Published On :: 2020-02-11 Derby Technology Hospitals NHS Foundation Trust and others v Derby City Council and others [2019] EWHC 3436 (Ch) The High Court has held that NHS Foundation Trusts are not charities for business rates’ purposes and are therefore not entitled t... Full Article
b Lawbite: Redevelopment and liability for business rates By www.eversheds.com Published On :: 2020-02-12 Colour Weddings Ltd v Ritchie Roberts (Valuation Officer) [2019] UKUT 385 (LC) The issue of how a property undergoing redevelopment should be treated for rating purposes hit the headlines a few years ago with the case of Monk v Newbegin. That case e... Full Article
b Lawbite: The Lease Renewal Pilot Scheme in practice By www.eversheds.com Published On :: 2020-02-18 Eventuate Capital Ltd v Grosvenor Estate Belgravia (E02CL652) The County Court and First-tier Tribunal Unopposed Business Lease Renewal Pilot Scheme has been in place for over 2 years but very few cases have, as yet, proceeded to trial. In one of th... Full Article
b Lawbite: You seem to have overlooked my privacy By www.eversheds.com Published On :: 2020-02-19 Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron... Full Article
b Lawbite: Court of Appeal saves defective statutory notices By www.eversheds.com Published On :: 2020-03-09 Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ... Full Article
b Fixed charge receivers can now obtain possession against individual mortgagors By www.eversheds.com Published On :: 2019-11-19 Kavesseri Menon and Beena Menon –v- Nathan Pask and Rosalind Goode (as joint fixed charge Receivers) [2019] EWHC 2611(ch) Summary: The High Court recently provided much needed clarity on the previously unanswered question of whether Receivers ... Full Article
b Supreme Court brings clarification on non-party costs orders for liability insurers By www.eversheds.com Published On :: 2019-11-28 Summary: The Supreme Court handed down its long anticipated judgment in the case of Travellers Insurance Company Limited v XYZ [2019] UKSC 48 on 31 October 2019. The appellant, Travelers Insurance Company Limited (“Travelers”) was succes... Full Article
b Court of Appeal finds that injunctions against persons unknown can (i) be framed by reference to a defendants intention and (ii) prohibit lawful conduct By www.eversheds.com Published On :: 2020-02-13 Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd... Full Article
b Wall Street-Tweak: Inform Retail Investors Of The Stock Borrow Earnings They Lose Out On. By seekingalpha.com Published On :: Thu, 23 Apr 2020 13:44:42 -0400 Full Article GPRO Nick Gogerty
