GD Knowledge

 

Latest News

Landlords beware: invalid section 21 Notice due to failure to serve gas safety certificate

The recent case of Caridon Property Ltd v Monty Shooltz (2018) has held that landlords cannot obtain possession of residential premises from a tenant held under an Assured Shorthold Tenancy (“AST”) in reliance on a section 21 Notice if they did...

How to lawfully suspend an employee and avoid a "knee-jerk reaction"

When can an employer lawfully suspend an employee and what is the correct procedure to do so? We find that this is a really common stumbling block for employers. Indeed, new guidance on suspending employees has been produced by ACAS this summer, suggesting...

Getting together (legally) might have become easier but breaking up is still a matter for the courts

It is not  that often that the highest court in the land, the Supreme Court, deals with matters of private Family Law but in the past few months, it has heard not one but 3 such cases. Owens – examined the grounds for divorce and asked if it is...

What are the consequences of terminating a commercial contract?

Rachel Hayward, Associate in Goodman Derrick’s Corporate team, looks at the potentially costly consequences of not getting a contractual termination right, and encourages a cautious approach to the entire process. Common oversights when terminating a...

Three important legal and financial steps you need to take before having a family

This article first appeared in Talented Ladies Club . Planning to start a family? Here are three important legal and financial steps you need to take first. (If you already have a family there’s still time to get started on them.) Naturally, as...

A cautionary tale for liquidators who drag their feet and don't play by the rules

(Brian Johnson (Liquidator of Strobe 2) v Arden and Others) This article was written by Clive Ince and Ellie Spencer . The Background In the early years of the new millennium the Luminar Group was a major player within the UK nightclub and leisure...

The Sky News saga reveals fault lines in UK regulation media ownership

The Secretary of State’s decision to require Sky News to be sold as a condition of Fox’s bid being allowed to proceed, leaves the field open for a bidding war to take place involving Disney and Comcast. The decision not to intervene in respect of...

All fair in love, war and commerce?

This article first appeared in the on-line newsletter of the Law Society’s  Civil Litigation Section , of which the author is currently the chair. The traditional position under the contract law of England and Wales (which I shall, with no...

Pets in flats - a question of consent

This article first appeared in Property Investor News . The vast majority of long residential leases contain a raft of obligations regulating the use of the property. One such common regulation is the keeping of pets. Some leases contain an absolute...

Tackling the late payment epidemic: a new prescription from the government?

Efforts to tackle the issue so far have been little more than “nudging” techniques to pay more promptly. Is the government ready to ramp up the campaign? Market surveys in the wake of the collapse of Carillion suggest that protecting cashflow...

The end of the road for Pimlico Plumbers?

The short answer is not quite. The Supreme Court has now given judgment in the long running and important case by plumber Gary Smith against Pimlico Plumbers in which he claimed he was a worker and not a self-employed contractor and so was entitled to...

The importance of getting an indemnity right in a commercial agreement

Indemnities are often one of the most heavily negotiated terms in a commercial agreement, but for non-lawyers their perceived advantages may not always be clear. In this short article we set out how indemnities may vary normal contractual rules, and why it...

Dress Code Dilemmas: new guidance on discriminatory dress codes published

It is now some two years since the events we have come to know as “Heel-gate” when in 2016, a temp called Nicola Thorp was required to wear high heels at work. Ms Thorp was sent home without pay for not complying. She commented about the...

When is having the last word a bad idea?

When your contract contains a clause excluding oral variations… A recent decision of the Supreme Court in  Rock Advertising Limited v MWB Business Exchange Centres Limited  brings an end to the long standing debate over whether clauses...

Cladding Q&A

The cladding on my flat has been deemed unsafe. Who is responsible for paying for its replacement and the 24/7 fire watch that is required in the interim? The first place to look is at the terms of the lease. When it comes to the exterior, normally the...

Planning permission: Who's responsible for it?

The recent case of  Jean-François Clin v Walter Lilly & Co. Ltd  [2018] EWCA Civ 490 confirms that, without express terms to the contrary in the contract, the employer will usually be responsible for obtaining planning permission for the...

GDPR: 5 ways to ensure you're compliant

Companies need to look past the endless emails to ensure they are taking the necessary steps to comply with the new rules. By now you’ll be extremely bored of those emails popping up in your inbox and telling you that even your clients are about to...

Consumer rights and remedies - an update

Goodman Derrick’s dispute resolution team has received a number of recent instructions to act for both consumers and businesses in relation to disputes involving the application and interpretation of the Consumer Rights Act 2015 (the...

Privacy concerns in a digital age: the Facebook-Cambridge Analytica scandal

In a global age of technology, we are using more online platforms to assist with many aspects of our everyday lives, whether for ordering our weekly grocery shop online, or taking advantage of social media to interact and share our lives with other online...

HMRC clamps down on termination payments

Can termination payments of up to £30,000 still be paid tax free after 6 April 2018? Yes, provided however that no part of the termination payment represents unworked notice. Old Position Prior to 6 April 2018 if there was a contractual right to pay...

Inheritance Act claims - good news for cohabitees

English law has always placed great value on the principle of testamentary freedom. That is, an individual’s right to leave their estate to whomever they like, with no obligation to provide for family members under a Will. However, under the...

Landlords and Tenants: MEES Regulations are now in force

As you will have seen in both the legal and mainstream press, the requirement of a minimum energy efficient standard for premises (known as MEES) was introduced in 2015 as part of a range of measures to meet the UK government’s carbon reduction...

Another review of the Construction Act and payment

In January the Government completed two consultations regarding construction in the United Kingdom, the first of these was a review of the operation of changes to the payment mechanisms and adjudication under the Construction Act and the second was a review...

Why the FAPL TV rights decline was natural and inevitable

To justify this headline claim, it is necessary to go back a bit. Prior to the creation of FAPL, football’s domestic prime events were not televised much – mainly because clubs  wanted to maintain live high attendance levels and feared that...

The Audiovisual Media Services Directive - a "potential loophole" exposed by a recent decision of the European Court of Justice (Peugeot Deutschland GmbH v Deutsche Umwelthilfe sV Case C-132/17)

In the recent case of  Peugeot Deutschland GmbH  v Deutsche Umwelthilfe,  the European Court of Justice gave a preliminary ruling concerning the interpretation and scope of the Audiovisual Media Services Directive (2010/13/EU) (“the...

What to do about a bad review

In the age of Uber Eats, Deliveroo and TripAdvisor, our next meal is only a swipe away, every customer is an expert and word of mouth spreads faster than the speed of a dial-up connection. Studies show that as many as 70% of customers under the age of 34...

Understanding Easements: What you don't know can hurt you

If you are buying, selling or developing a property in England or Wales, it is critical that you understand easements and how they could affect a property’s intended use. Easement  is a medieval word that derives from the 14 th century Old...

A company's statutory right to remove a director

The performance of a director in a company is pivotal to the success of that company. Accordingly, there is legislation in place to protect a company’s right to remove a director should the circumstances demand this course of action. This right is held...

The end of "Smash and Grab" construction adjudications?

Construction contract employers who are aggrieved at having to pay out an interim application in full (because they forgot or made mistakes with their payment notices) may now no longer be stuck with that outcome for long, following the recent decision of...

The Taylor Review: changes to employment status on their way? Latest from the Government...

So we have reached the next stage in the plans for a potential major shake-up to employment law and the workplace, announced last year by the Government on a number of fronts on their setting up of the Taylor Review of Modern Working Practices. But is the...

Are you considering moving into a flat with a pet?

If so, make sure you have understood your obligations under the lease. You may have read in the news earlier this year about the High Court decision in the case of  Victory Place Management Company Ltd v Kuehn & Anor [2018] EWHC 132 (Ch)...

Reasonableness - it's in the decision

A Court of Appeal decision on a landlord’s refusal to consent to an assignment It is common for leases to require a tenant to obtain landlord’s consent to an assignment, and to provide that the consent cannot to be unreasonably withheld. This...

Surrogacy guidance published for parents, surrogates and health professionals

The Department of Health and Social care has just published two very useful  guidance notes  for surrogates and intended parents. The note identifies the financial considerations which both the intended parents and the surrogate need to bear in...

GDPR: Practical checklist

We are now just a few months away from the implementation of the GDPR, which is set to significantly change our data protection laws. While some organisations will be in the final stages of preparation, others may have not yet found the time to give it the...

Are you battling with the Beast from the East?

Blizzards and icy winds have swept in from Siberia, with temperatures plummeting and a blanket of snow settling over most of the country. For many HR managers, the Beast from the East may feel like a waking nightmare, causing childcare and travel disruption,...

Trust Registration Service - an overview

HMRC’s new online Trusts Registration Service (TRS) was launched in July 2017. This new online facility was introduced partly to implement new regulations relating to the UK’s anti-money laundering and counter-terrorist financing regime, and...

Conway v Eze: A residential conveyancing nightmare

Mr and Mrs Conway lived in a prestigious house in London, but in 2010 they decided to sell it with the intention of relocating to Cambridge. When their house first went on the market the asking price was £7m, but that reduced over time as they...

Yet another break notice hazard warning

It seems that barely a year goes by without a break clause related tale of woe emanating from the Courts. Sackville Property Select II (GP) No.1 Ltd & Anor v Robertson Taylor Insurance Brokers Ltd & Anor  can be added to that ever expanding...

Construction case comment - adjudicating when the contract works as a whole are excluded operations

The Technology and Construction Court (TCC) has recently issued guidance on what activities are excluded from the statutory adjudication process under s.105(2) of the Housing Grants (Construction and Regeneration) Act 1996 as amended under the Local...

Top five things to do to achieve the best value on a company sale

If you’re contemplating selling your tech company it’s never too early to get your house in order. Here are five key things to do to achieve best value: 1 . Ensure your accounts are in order. Clean, well prepared accounts (including...

Prescriptive Rights of Way - an easing of the evidential burden?

It is often the case that a landowner’s exercise of a right of way over a neighbour’s land is challenged and there is nothing in writing to evidence the right. This is not necessarily fatal to establishing a right of way as in certain...

"Playing the percentage game": the use of percentages to express the chance of litigation success

60 second summary: We are used to, and think we understand, percentage probability. Lawyers and their clients find it a useful tool in communicating and understanding the chance of success of a piece of litigation. However, parties need to take the...

Easements - don't let them be a burden!

It is no secret that sought-after areas with development potential in the UK are densely populated and that securing land is increasingly difficult with demand outstripping supply. Many “infill” development sites rely on access or services being...

The launch of the pilot scheme for unopposed lease renewals under the Landlord and Tenant Act 1954

A business tenant with the benefit of a lease which has security of tenure is automatically entitled to renew after the expiry of its contractual term. Usually, if the new lease terms cannot be agreed then either the landlord or the tenant may apply to Court...

The dangers of DIY wills

Contemplating mortality and planning ahead for death is not appealing to most people. There is often a deep-seated fear or unease which surrounds the act of preparing a will and getting one’s affairs in order. It’s no wonder, therefore, that...

Carillion lessons to be learnt

It has only been a few weeks since Carillion went into liquidation and suddenly one of the biggest construction and service companies in the country is gone. In this article, we give some practical advice on how best to protect yourself if you are in...

GDPR: Direct Marketing update

An area of some confusion among clients, now bracing themselves for the arrival of the GDPR, is on what basis they can continue to market themselves to customers: is fresh consent required, or what are the alternatives?  With the 25 th  of May fast...

Top 5 New Year's Resolutions for HR in 2018

Happy New Year! 2017 proved to be a considerable year for employment law developments and although there is actually relatively little on the legislative agenda for 2018, there is no doubt that many of the developments from the last 12 months will flow into...

Russian doping ban is futile

This article first appeared on  www.sportcal.com , a world-leading provider of sports market intelligence A lot can happen on the way to the Olympic Games podium and the IOC can have some influence on that. But what happens on the podium itself is...

Get your notices in!

Below is an early Christmas gift in the form of some practical advice for construction professionals in the UK in light of  Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735. The case involved Adam Architecture Ltd (“ Adam ”),...

Defamation: Some good cheer for Claimants

It is generally accepted that the Defamation Act 2013 (“the Act”) raised the bar in defamation claims, making it harder for those wronged to issue claims. A recent decision of the Court of Appeal has lowered the bar somewhat which should be...

Legal Update: Maxted and another v Investec Bank Plc [2017]

Summary The High Court recently heard the case of  Maxted and another v Investec Bank plc [2017] , which looked at whether amending loan agreements multiple times would discharge a personal guarantee given by the directors of the borrower companies. It...

Tesco's Booker buyout is bad news for shoppers

The watchdog is failing to consider the role of potential competition in Britain’s narrowing grocery sector, writes Stephen Hornsby This article originally appeared in the  The Brief,  the legal supplement by  The Times. It cannot...

Easing the burden for first-time buyers: Stamp Duty Land Tax Relief

The Chancellor announced some welcome changes for first-time buyers (“FTBs”) to the Stamp Duty Land Tax (“SDLT”) regime in his Budget on 22 nd  November. From this date, FTBs of residential property of up to £500,000 will...

Coping with the Christmas peak: recruitment issues re seasonal workers

This article first appeared in QuickBite magazine. With thoughts turning to Christmas, employers may be considering what staffing options they have to help cope with the party season when demand for their services may temporarily increase. Below are four...

Private Client: Autumn Budget review

On 22 November the Chancellor of Exchequer, Philip Hammond introduced to Parliament his Autumn Budget. This time, there are no significant changes in the Private Client sector; although, yet again there is a promise of putting the Inheritance Tax rules under...

Energy Performance Certificates and Minimum Energy Efficiency Standards

While the Energy Performance Certificate (“EPC”) has been with us since August 2007, it has been largely viewed as a administrative bother that has to be done before a premises was to be let or sold that once seen could be quickly discarded and...

Paradise paper chase: when is a leak a crime?

Over 13 million files, many of them containing confidential and sensitive client information, were leaked from offshore legal service providers and corporate registries in 19 jurisdictions including the Caribbean, Jersey, Guernsey and the Isle of Man. More...

A worker must be able to carry over and accumulate unpaid holiday pay - CJEU hand down Judgment in the case of Mr C. King v The Sash Window Workshop Ltd

On 29 November 2017, the CJEU handed down their Judgment in the case of Mr C. King v The Sash Window Workshop Ltd & Richard Dollar (Case C‑214/16) following a request for a preliminary ruling from the Court of Appeal. The CJEU has held that a...

IOC-FIS clash over Russian skiers 'a plate of scrambled egg'

his article first appeared in  Sportcal . An embarrassing and potentially damaging rift has opened between the International Olympic Committee and the FIS over their treatment of six Russian skiers that were recently banned for life for doping...

Tech: Considering equal pay and the gender pay gap

This article first appeared in  UK Tech News . The effect of equal pay law is that men and women should receive equal pay for equal work. On the other hand, the gender pay gap is a measure of the difference between average earnings of men and women...

#MeToo: how to address workplace harassment

This article first appeared in  People Management . What started with Harvey Weinstein has quickly snowballed to include allegations against famous actors and now UK politicians. What can employers do to combat the problem? Using the hashtags #MeToo...

"Gig Economy" Working: What are the latest tribunal decisions?

The fast growing trend of ‘gig economy’ working is becoming an ever more divisive and complex area. The term is used to describe a relatively new way of working which involves workers taking on short-term, on-demand jobs on a ‘gig’...

Consultations on payment issues in the construction industry

It is as much the case today that “cashflow is the life blood of the building industry” as it was when Lord Denning coined the phrase over 50 years ago in the Court of Appeal judgment of  Dawnays vs Minter  (1971). Slow and uncertain...

Implications of Brexit on the UK's AV Sector

Whilst there is a large amount of uncertainty surrounding Brexit, it is possible to look at some of the more obvious implications of Brexit for the Audiovisual (“AV”) sector. We also look at current EU developments which are to be implemented in...

Government publishes new plans on business energy and carbon reporting

Details have emerged this month on what may replace the unpopular CRC Energy Efficiency Scheme (“CRC”). Abolition of the CRC from 2019 Under the CRC, companies consuming significant amounts of electricity must report their energy consumption to...

The Taylor Review of modern working practices - will this clear up the confusion regarding employment status issues?

This article first appeared in QuickBite magazine. Is that delivery driver of yours an employee, worker or self-employed? Many readers will recall that the issue of employment status has been under the microscope a lot recently, in particular during legal...

Concurrent delay - the position is now "crystal clear"

The High Court has confirmed that risk of concurrent delays in a construction contract can be specifically allocated to the contactor. In an important decision on concurrent delay and the prevention principle, Mr Justice Fraser has seen fit to reinforce the...

Are 'deputies' the new guardians of private wealth?

When it comes to controversy in the private client world, Lasting Powers of Attorney (LPAs) are not generally among the usual suspects. So when retired Court of Protection Senior Judge Denzil Lush vowed on BBC Radio Four’s Today Programme last month...

Bills of sale: past, present and future

Background The Bills of Sale Act (the “Act”) was introduced in 1878 and still governs how individuals, partnerships and unincorporated bodies can use goods that they own as security for loans, while retaining possession of those goods. Since...

Dismissal for Misconduct: To what extent can past conduct be taken into account?

When carrying out an investigation into alleged misconduct by an employee, the temptation may be to find as much evidence as possible. A recent case in the Employment Appeal Tribunal (EAT) has addressed the question of whether an investigation can actually...

How secure is a protected tenancy under the Landlord and Tenant Act 1954?

Earlier this summer, an important judgment concerning the security of tenure provisions of the Landlord and Tenant Act 1954 (“ the 1954 Act ”) was handed down by Mr Justice Jay. The case of  S Franses Ltd v The Cavendish Hotel (London) Ltd...

Giving your staff wearable tech? Here's how to stay on the right side of the law

This article first appeared in  City A.M. . Wearable technology, such as fitness tracking devices, is increasingly being introduced into the workplace as part of “corporate wellness” schemes. It is believed that around 202m wearable...

No rest for the workers?

This article first appeared in  Recruitment International . Who should bear the risk when there’s no provision within an employment relationship for exercising the right to take holiday – the employer or the worker?  That’s the...

Tribunal fees ruled unlawful: How will this impact gig economy firms?

This article first appeared in  UKTN . Following a four-year fight by UNISON, the Supreme Court has allowed their appeal and held that employment tribunal fees are unlawful. Dave Prentis, UNISON general secretary, said: “The government is not...

So after all the court cases, where do employers stand on holiday pay?

This article first appeared in  HR news . Employment tribunals continue to consider a number of cases concerning the inclusion of overtime, commission and other variable payments in holiday pay, as well as the entitlement to carry-over leave as a...

Gig Economy Working: sham self-employment?

This article first appeared in  Recruitment International . Gig economy working – used to describe the trend towards workers taking work on a “gig” basis, on flexible, generally short-term assignments, in contrast to a traditional...

Holiday pay: What employers need to know

This article first appeared in  UKTN . What is holiday pay? Unfortunately despite many tribunal and court decisions on the topic of holiday pay, there is still uncertainly as to what should be included in holiday pay,...

IR35 continues to be taxing

This article was first published in Recruitment International. On 6 th  April 2017 new IR35 rules come into force applying to payments to PSC workers who provide personal service to a “public sector employer” generating significant...

Private Client legal update

The Finance (no.2) Bill 2017 Following the Prime Minister’s decision in May this year to call a snap general election, the Government had to drop over 70 provisions from the Finance Bill 2017 (subsequently the Finance Act 2017) in order to pass vital...

In the courts: the worker and the 13 years of untaken holiday

This article first appeared in  The Lawyer 2b . On 8 June 2017, the Advocate-General of the European Court delivered his Opinion in a case concerning a UK worker’s 13 year back-dated holiday pay claim:  King v The Sash Window Workshop Ltd...

I am considering taking a job as a delivery driver - what are my rights in the gig economy?

This article was first published by  This is Money . Over the past five years, the UK has seen the rise of a new way of working called the ‘gig economy,’ fuelled by the rise of mobile apps and on-demand services.  Under this system,...

Mind the Gap: Are you ready for Gender Pay Reporting?

This article was first published in  Recruitment International . Disparity between male and female average pay continues to dominate the news, with evidence of the gender pay gap widening for women in their 30s and 40s in particular. Dubbed...

What happens if you fail to register your new lease?

New leases for seven years or more must be registered at the Land Registry, normally by the Tenant, and within 2 months of completion. But what happens if you don’t? It rather depends on whether your landlord’s title is registered or not. The...

Taking care of the (fresh) evidence

This article first appeared in the Estates Gazette. The case of  Clear Call Limited – v – Central London Investments Limited [2016] EWCA Civ 1231 [2017]  provides further guidance of the application of the  Ladd – v...

Claim first time or lose the right to claim

One question that is often asked, when a client ends up in adjudication, is do I have to run all of my defences in the adjudication? In the recent case of  Mailbox (Birmingham) Limited v Galliford Try Building Limited (formerly known as Galliford Try...

Data subject access requests: Common employer queries

This article first appeared in  Personnel Today . How should employers deal with data subject access requests and how will the process change for employers when the General Data Protection Regulation (GDPR) comes into force in May 2018? Clare...

Is a non compete restriction worth the piece of paper it is written on?

This question is often raised by both employers and employees when looking at post termination restrictions at the beginning of the relationship. It is well established that provisions that seek to restrict an employee’s activities following the...

Introduction fees: the recruiters' battleground

This article was first published by  Recruitment Agency Now . To avoid dispute, the question of when an introduction fee is payable in respect of the introduction of staff to a client should be set out clearly in agreed terms, both parties acting in...

Wearable fitness trackers in the workplace: surveillance by fitbit?

This article first appeared in  Personnel Today . Many people sport fitness tracking devices and/or smartwatches – forms of wearable technology which not long ago seemed futuristic but are now familiar accessories. These developed from...

Should we be drafting for Brexit?

With the UK due to leave the EU on 29 March 2019, questions are arising at to whether contracts should now include ‘Brexit clauses’ and how to define terms such as ‘the EU’, ‘EU law’ and ‘English law’ so their...

Civil litigation: 'Discovery' is not the same as 'Disclosure' (forensic e-providers please note)

Every other day, it seems, I receive marketing emails or phone calls from firms offering forensic services in the field of electronic document disclosure. What some offer me, though, is an ‘e- discovery ‘ service. Save your time! I am a...

The dangers of informality in contractual dealings

An essential element of contract formation is that the contracting parties make an agreement with the unequivocal intention to create a legally binding arrangement as opposed to a frivolous promise that is not intended to be kept. But just how interpretive...

Adjudication - fit for purpose - or is there another way?

It has been nearly 20 years since the world was introduced to statutory adjudication through the pithily titled Housing Grants Construction and Regeneration Act 1996 and save for minor tinkering around the edges it has not changed. In this article, we look...

The rights skills for the job?

This article first appeared in Estates Gazette, 22nd July 2017. Many employers will be paying additional sums by way of the apprenticeship levy that came into effect on 6 April 2017. Some savvy property sector employers will already be exploring ways in...

New rules to protect pubs from demolition or their conversion to shops and other retail uses recently come into effect...

For those of you amenable to a drink or two at your local pub from time to time, this will come as good news! As from 23 May 2017, permitted development rights to demolish pubs have ceased and there are no longer rights to demolish drinking establishments...

Lord Justice Jackson delivers his report on Fixed Recoverable Costs: 31 July 2017

I have just ‘hot-footed it’ from the Law Society in Chancery Lane, where, this morning, Lord Justice Jackson (‘LJJ’) presented his report on Fixed Recoverable Costs (entitled “Review of Civil Litigation Costs:...

Tinker Taylor: The Taylor Review - can Government make work good?

It’s said that you can’t please all the people all the time and nowhere is this more evident, perhaps, than in the eternal struggle between master and servant, employer and employee; and now taskmaster and gig-er. The terminology and technology...

Non-Variation Clauses: actions speak louder than words

Non-variation clauses are an evergreen boilerplate provision found in commercial contracts. They typically provide that a binding variation of a contract is generally limited to certain prescribed circumstances, most likely for the variation to be formalised...

Reform of law surrounding Wills: from the Victorian-Era to the Digital-Era?

It is estimated that approximately 40% of people over 18 die without making a Will. To try and address this alarming statistic the Law Commission has this month launched a consultation proposing an overhaul of the current law on Wills. Key...