6 May 2013 Blog Just who is an affected employee in a TUPE transfer? Where there is a relevant transfer under TUPE, a transferor is obliged to inform and, in certain circumstances, consult with appropriate representatives of “affected employees”. Failure to do so can result in claims for protective award of up to 13 weeks pay per affected employee... Share this article Bookmark this page 3 min read
21 April 2013 Blog Retention Money and Insolvency: A Common Sense Approach? The retention of a proportion of the contractor's fee is common practice in construction contracts... Share this article Bookmark this page 2 min read
18 April 2013 Blog Payment of the 'notified sum' - shades of grey? A striking feature of construction dispute resolution is the frequency of disputes between contracting parties concerning the lawfulness or otherwise of set-offs, counter-claims, cross-claims, withholdings and non-payments of sums claimed as due and owing... Share this article Bookmark this page 4 min read
11 April 2013 Blog Court of Appeal raids the Patents Court for intellectual expertise Yesterday saw the formal appointment of another patents judge to the Court of Appeal. The Lord Chief Justice's Court was packed with other judges, members of the Bar, Solicitors and Patent and Trade Mark Attorneys welcoming Sir Christopher Floyd's elevation to the Court... Share this article Bookmark this page 2 min read
10 April 2013 Blog The Defective Premises Act - who is a property developer? An interesting court decision last month focussed on whether or not a defendant couple could be considered as being 'property developers' and therefore fall under the ambit of the Defective Premises Act 1972 ("the Act")... Share this article Bookmark this page 3 min read
9 April 2013 Blog Service occupiers - take care with caretakers! Tenancies of residential premises are capable of attracting security of tenure, meaning that the landlord will been titled to possession only in limited circumstances. This can create problems in scenarios such as where an Academy allows a caretaker to occupy a property located on school premises. Share this article Bookmark this page 2 min read
4 April 2013 Blog Academies: do you take the leasehold or freehold route? Formost community schools, the conversion to academy status will involve the academy trust company being granted a long-term, 125 year lease from the localauthority which is the freehold owner of the school land. Share this article Bookmark this page 2 min read
25 March 2013 Blog Adjudication: Should there be an exception for residential occupiers? The judgment in the case of Westfields Construction Ltd v Lewis ([2013] EWHC 376) has raised questions over the utility of section 106 of the Housing Grants, Construction and Regeneration Act 1996 ("the Act")... Share this article Bookmark this page 2 min read
11 March 2013 Blog UKBA revocation of Tier 4 licence upheld Continuing the line of caselaw which is developing around the revocation of Tier 4 licences, the Administrative Court has dismissed a judicial review claim against the Secretary of State for the Home Department (SSHD). Share this article Bookmark this page 2 min read
28 February 2013 Blog Pricing in target cost contracts The Technology and Construction Court has recently commented on the costs the Employer is required to pay under a target cost contract... Share this article Bookmark this page 2 min read
25 January 2013 Blog Lower recovery for Claimants under the new 'no win no fee' legislation? Successful Claimants who enter into Conditional Fee Agreements (known as CFAs) from April 2013 will no longer be able to recover success fees from a losing defendant... Share this article Bookmark this page 1 min read
20 December 2012 Blog Removal of VAT exemption for business research The Charity Tax Group (CTG) is seeking comments on the removal of the VAT exemption for business research. Share this article Bookmark this page 1 min read