No-shows are a headache for the restaurant sector. Not only are they frustrating but they also place a financial burden upon businesses, particularly when extra costs have been incurred, such as staff and supplies, to account for a specific number of...

Dominic Whelan's article was first published in Property Week , on Thursday 7th November It seems impossible to discuss the flexible workspace market without mentioning WeWork. The international operator and London’s largest private occupier...

Commonly construction contracts include liquidated damages (“LDs”) provisions, which are fixed or determined sums agreed by the parties to a contract that are payable on breach of contract. In a construction context, they are generally payable by...

Jonathan Harris of boutique property advisory practice HarJoh provides some hard-won insight to answer this seemingly simple question. The start and end point is “Market Value”, as defined in the RICS Global Standards - “The Red...

Dominic Whelan's article was first published in Construction News Halloween is that time of year where we try to scare our friends and families with gruesome tales and surprises.  Developers often have their own scare stories to pass on to the...

Rosie Davies' article was first published in CWB Magazine , on Tuesday 29th October. Retailers are approaching their busiest time of year with the run-up to Christmas and the sale period that follows. But is there anything that retailers should...

This article first appeared in CWB . Influencer advertising is an increasingly common component of brands’ marketing strategies. Its inherent effectiveness is that it is seen as a more “natural” form of marketing and can allow brands...

There is a lot going on in the world of employment law in April 2020. Below is a summary of some of the main upcoming developments so that you don’t get caught out. Statement of terms One of the biggest changes coming into force on 6 April 2020 is...

The IR35 tax rules are changing in respect of individuals who provide their services to medium and large private sector businesses through their own personal service company (PSC) or LLP.  Similar rules are already in place in the public sector....

Discovering that employees have made unacceptable comments on social media can be a particularly thorny issue to deal with. This problem has been well publicised recently; remember broadcaster Danny Baker, Emmerdale star Shila Iqbal, and Rugby Union...

A grandparent’s role in modern day society can come in all different forms: paternal grandparents, step-grandparents, grandparents who fulfil the role of a full time carer and grandparents who have no contact at all with their grandchildren. ...

Limitation periods arise out of a group of statutory rules (the Limitation Act 1980) which create deadlines for various types of claim to be brought at Court.  The applicable time limits vary as between different types of claim, but the purpose behind...

Limitation periods arise out of a group of statutory rules (the Limitation Act 1980) which create deadlines for various types of claim to be brought at Court.  The applicable time limits vary as between different types of claim, but the purpose behind...

There is growing interest among company owners in considering a sale to an employee ownership trust (EOT) in order to realise value locked up in the business, whilst retaining overall ownership in a trust on behalf of all employees. In order to encourage...

"As an employment lawyer I am seeing more enquiries from clients in regards to social media related issues, in particular from employers who are considering dismissing an individual for social media misuse. My new two minute video explains the...

Landlords in the private rented sector have seen a raft of regulatory changes following the introduction of the Deregulation Act 2015.  Many landlords have adapted to those changes already but the regulatory landscape continues to evolve. This...

This article first appeared in Estates Gazette , 6  July 2019. Who would think that pruning a tree could trigger a claim under the Proceeds of Crime Act? Certainly not the homeowner in Canford Cliffs, near Poole in Dorset who was...

With mobile connectivity an increasingly critical part of modern life and business, the Electronic Communications Code both replaces the 1984 Telecommunications Code, and aims to facilitate the expansion of the mobile phone network, particularly the...

The High Court recently handed down judgment in the case of Green Deal Marketing Southern Limited v Economy Energy Trading Limited [2019], a case which turned on whether the defendant energy suppliers, E was within in its rights to terminate its contract...

A version of this article first appeared in Big Hospitality . Chefs like to lay claim to having created certain dishes, but is it possible for them to copyright a dish to stop their peers from reproducing it? The short answer is no. Recipes are an...

In the wake of #MeToo, the prevalence of sexual harassment has been laid bare, from boardrooms down to shop floors and from multinational listed companies to charities and independents. This movement has exposed the fact that sexual harassment in the...

An “especially flagrant contravention”, was the verdict of the Information Commissioner’s Office resulting in its decision to fine Newham Borough Council a total of £145,000 for its breach of the Data Protection Act 1998. This is a...

Spice Girls: The mediator may ask the parties - or they may ask themselves - what they want. The next question should be "what do you really REALLY want" (followed by asking why they really really want it). Coldplay: Next the mediator can remind...

The effect of the #MeToo movement in the corporate world is no longer in doubt. Over the last few years Ted Baker’s share price fell 13% after allegations against its founder emerged, the ‘big four’ accountancy firms have all admitted to...

Post-termination restrictive covenants are commonplace in employment contracts of senior personnel, operating as a line of defence to protect the company from harm should that employee leave to work elsewhere. However such restrictions fly in the face of...

'A Restatement of the English Law of Contract': Andrew Burrows and an Advisory Group: Oxford University Press 2016. The first US 'Restatement of Contracts' was published by the American Law Institute in 1933, with the second edition in 1981....

Reputational damage is a growing threat for many businesses. The impact can be huge. You can lose customers if they feel undervalued, misled or even lied to. If those disgruntled customers choose to take to social media, what started as a hiccough...

As a bank or building society you know just how much effort is needed to bring possession proceedings against a borrower who has defaulted on their mortgage repayments.  To try and help you avoid finding yourself in that position here are 6 tips we...

By their very nature tech businesses have to move fast.  You are continually evolving to keep ahead of the pack and to do that you not only need to understand what the latest technology is but also what the next technology will be.  More than...

This 98 page tome has provided a welcome distraction from Brexit. The proposals are, by the Government’s own admission, eye-catching: “The measures outlined in this White Paper are novel and ambitious, with potentially far-reaching effects...

A version of this article first appeared in Estates Gazette . Overage (or “clawback”) agreements are seen as complex and full of hidden traps. Ironically, the commercial rationale for agreeing them is often very simple. Overage is a...

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In a perfect world, every historic car would boast a spotless provenance and a documented list of distinguished owners, none of whom ever “abused” the car by changing a major component, let alone by crashing it. Please read the full article by...

Good sites with development potential are hard to find. They are often complex and their viability may rely on access that is granted by another landowner. Hannah Rosenthal in our Real Estate Development team looks at three examples of the law as it relates...

The recent Technology and Construction Court judgment in the case of Mears Limited v Costplan Services (South East) Limited & Others [2018] provides lessons of interest to all developers and any parties taking leases or transfers of property in reliance...

Landlords seeking vacant possession from business tenants often oppose the right to renewal by creating a development scheme which on its face satisfies section 30(1)(f) of the Landlord and Tenant Act 1954 (“ground (f)”). A much anticipated...

A dispute resolution clause could solve the Brexit impasse. The Attorney-General is in Brussels to seek the amendment of the 'backstop'. The EU says it won't amend the Withdrawal Agreement, so some form of add-on is needed. The 'backstop'...

Silence in which you can hear a pin drop is not a feature of Brexit. However, any half-experienced negotiator or mediator will recognise the acronym PIN, standing for Positions, Interests, Needs.  A classic approach to negotiation and mediation is to...

A shipless shipping contract: a fish out of water. The Transport Secretary signing a contract for shipping services with a company with no ships could be a script from the 'Yes Minister' TV series and books. But, as we know, it is not fiction. Chris...

Can you really 'Separate the People from the Problem'? This is the first of four principles of 'Getting to Yes', the seminal book on negotiation by Fisher & Ury. More often than not, when negotiating or mediating a dispute, I find that...

(Note: This article is based on an unofficial translation of CNIL’s judgement, so apologies for any errors or misunderstandings arising from this.) Introduction On 21 January 2019 the Commission Nationale de l’informatique et des...

“We met at nine” “We met at eight” “I was on time” “No, you were late” “Ah yes, I remember it well”. Those lyrics from the 1958 film ‘Gigi’, encapsulate the experience of many...

This article first appeared in Construction News . A top judge came out of retirement to help decide a crucial question around interim payments and adjudications, as Hazel Boland-Shanahan explains. Confusing case law on interim payments led...

This article was first published in Prospect Magazine . Why the European Court should never have ruled on Britain’s right to revoke the Brexit letter All the attention directed to the case of Wightman v Secretary of State for Exiting the European...

This article first appeared in Sportcal . The UK’s largest gambling companies have agreed a voluntary ban on advertising during live television coverage of sport amid increasing concerns over the harmful effects of gambling addiction, especially...

With the high street retail and dining sectors in a seemingly constant cycle of reinvention our Real Estate Dispute Resolution team provide guidance in this article for tenants who are considering exercising a break option in a commercial lease. A break...

A version of this article appeared in The Times . “Iceland Christmas Ad: Petition to show it on TV hits 670k” is one of many recent headlines reporting Iceland’s failure to secure clearance for the broadcast of its Christmas...

This article first appeared in UK Tech News . Wearable technology is now common in the workplace, including employer-provided fitness trackers which can monitor employees’ health and activity levels. It seems that the next step, microchipping...

We report on two notable recent decisions from the Information Commissioner’s Office, one pre and the other post, GDPR. 1.Facebook/Cambridge Analytica “Facebook to appeal over record £500,000 fine for data breaches” ran this...

There has been some confusing case law regarding interim applications and payments, valuation disputes and how the adjudication process slots in, which led to the rise of smash and grab adjudications. Sir Rupert Jackson in his Court of Appeal judgment for...

This is for guidance only and not legal advice. Before relying on anything stated below, the reader should take independent legal advice. 1. In England and Wales, the courts apply what American lawyers call ‘costs shifting’ (although the US...

A version of this article first appeared on the Open Democracy website. The ‘Big Four’ accountants - an oligopoly if ever there was one as Bill Michael of KPMG has freely admitted - are charged with lowballing statutory audit services to...

With people living longer, mental illnesses such as dementia and Alzheimer’s disease are on the increase and issues surrounding a person’s capacity are becoming evermore prevalent: consequently LPAs are becoming increasingly relevant. A series...

This article first appeared in the print edition of EG ( Estates Gazette ) on 27th October 2018. Scary stories, haunting nightmares and unexpected shocks may all be associated with Halloween. But for developers the need to look out...

If you are considering entering into a shareholders’ agreement, the recent judgment of United Co Rusal Plc v Crispian Investments Ltd (United) clarifies that the court will generally respect the commercial nature of share transfer provisions by...

This article first appeared in The Times . News of the Duchess of Sussex’s pregnancy has raised a debate on the potential title and surname of the impending addition to the royal household. It is barely more than 100 years since George V decided...

Here is our "Bodyguard" special covering six employment law issues that arise in the recent BBC series. Lesson 1 - RIPA Explained RIPA 18 was the downfall of Julia Montague, the Home Secretary, in BBC's Bodyguard. Far from...

This article was first published on Lexis®PSL TMT on 26 September 2018. Click for a free trial of  Lexis®PSL . How has membership of the EU benefited the industry? First and most obvious is freedom of...

What do Abraham Lincoln and Amy Winehouse have in common? The answer is that both of them – along with a surprisingly large number of people year after year – died without having written a Will. Where this situation arises under English law, a...

The Law Commission has released a Consultation Paper to address the current issues surrounding enfranchisement legislation and its proposed solutions for reform. Views are currently being sought on the Commission’s provisional proposals for a new,...

With the UK due to leave the EU on 29 March 2019 and no deal having yet been made, there is increasing concern over the possible impact of a ‘No-Deal’. Following MPs’ rejection of Theresa May’s proposed deal, she appears to be...

Daniel Shein's article first appeared in Financial Times  Property  on 5th October 2018 Our buyers are threatening legal action because our tenants have left the garage full of junk. We live abroad and this is going to be tricky...

Whilst commuting back from work, you may well overhear conversations about the chairman’s Virtual PA coming into the office for their weekly face-to-face meeting, the mother who is working 4 days a week term time only and the person on their way to the...

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...

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...

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...

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...

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...

(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...

Daniel Shein's article first appeared in Financial Times  Property  on 7th June 2018 It took us forever to sell our house in London. We’ve finally found buyers, but they want to start work on a loft conversion...

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...

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...

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...

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 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...

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...

Daniel Shein's article first appeared in Financial Times  Property  on 5th October 2018 How to flush out drainage issues I’m buying a house in the country that isn’t connected to the mains drainage. What do I need...

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 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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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)...

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...

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...

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...

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,...