Latest News
Yeezy does it - Tristan Wark features address Kanye West's appeal for simple legal language in EG
Leases – the Clearlet / Model Commercial Lease movement to make leases more understandable – what are the benefits to the parties of this? What are the downsides?
Latin phrases still used in property law – is still using Latin disadvantaging those who didn’t learn Latin at school – typically state school students?
Other complex documentation in Real Estate law – i.e. Overages and Contracts – could they be simplified? What would it look like?
The welcome certainty of the Christmas Eve trade deal heralded a renewed interest in the Construction Playbook published earlier in December 2020. That document sets out 14 key policies which pledge to drive “better, faster greener delivery” in respect of the assessment, procurement and delivery of public works. Adherence to these policies is envisaged on a “comply or explain” basis for all central government departments and their arm's length bodies. There is also an expectation for sub-contracting authorities under the PCR 2015 to adopt these policies. The 14 policies are produced in summary below:
Is family mediation right for me? How can family mediation help? How does family mediation work? Is family mediation a lengthy process? What is a Memorandum of Understanding? How do family lawyers help with a family mediation?
Lilly Whale , Associate in our Private Client team, has helped to answer a reader’s questions in The Financial Times’ weekend opinion column: “My 81-year-old mother has decided to move into a nursing home this month because she’s...
It is January 2021 and the transition period for the UK’s withdrawal from the EU has just expired. The legislation governing the requisite changes to our procurement regime is The Public Procurement (Amendment etc.)(EU Exit) Regulations 2020...
Lilly Whale , Associate in our Private Client team, has helped to answer a reader’s questions in The Times ’ weekend Troubleshooter column: “Only recently, now that both of my children are over 18, I have started to think about what...
Trade & Cooperation Agreement - what does it mean for Data Protection?
It’s all perfectly amicable and my husband has suggested we instruct one family lawyer for both of us.We're getting divorced - should we share a lawyer?
You want to aim to have as much constructive dialogue as possible and to keep conversations going. When you get divorced there are often three separate aspects to the process:
- dissolving your marriage.
- dealing with any issues relating to children.
- dealing with issues relating to finances.
The real benefit of using an experienced family lawyer, even where they cannot act for both parties, is that they can help steer the way through an unfamiliar process with guidance and advice to make sure that you can move forward securely for the future.
Tristan Wark is a Senior Associate in our Real Estate team. His analysis of the recent Supreme Court case, Alexander Devine Children’s Cancer Trust v Housing Solutions Limited [2020] UKSC 45, was originally published in the December 2020...
Tom Pemberton considers a couple of the key changes to the terms of trade between the EU and the UK under the Trade and Cooperation Agreement All businesses which rely on the import or export of goods from or to the EU27 need to adapt to the changes...
Whilst we hesitate to say “take back control”, when it comes to your supply chain it is absolutely vital that you have a proactive management approach that provides oversight and control. The task is difficult in any circumstance because your...
The UK and EU have agreed the terms of their future relationship and have set out the terms in the Trade & Cooperation Agreement. There will be new legal risks and commercial opportunities for your business in the months and years ahead – is...
The UK has left the Europe Union and the transition period ended on 31 December, a wide-ranging Trade and Cooperation Agreement is now in place . Whilst the principles of UK commercial contracts will not change the agreements made by UK based...
Please click here for an up to date guidance note following the EU-UK Trade & Cooperation Agreement Tom Pemberton considers the changes to the tariff and CE marking regimes on 1 January 2021. All businesses...
Experienced commercial partner Paul Herbert of London law firm Goodman Derrick has been widely quoted in Veterinary Practice magazine, the leading magazine for the veterinary sector. “English law requires a number of elements for a contract...
One of the long-term impacts of Covid-19 will be the increasing importance for business of having an online presence. Julia Weeks, an experienced solicitor in Goodman Derrick’s corporate team has provided some much needed guidance and useful tips for...
The Corporate Insolvency and Governance Act 2020 (CIGA) came into force on 26 June 2020. An overview of some of the main provisions of CIGA can be found here . CIGA was fast-tracked through parliament in order to respond to the COVID-19 pandemic and...
In the first of a series of posts on domestic and international arbitration Sinead O’Brien in our London based dispute resolution team looks at a recent Supreme Court decision that clarified the court’s approach if governing law is not stated...
Lilly Whale , Associate in our Private Client team, writes for the FT in response to a reader’s question: “Can I leave my estate to my nieces free of inheritance tax?” “You can gift any sum of money during your lifetime without...
Authorised push payment fraud is becoming ever more sophisticated and increasingly prevalent in the UK. During the first half of 2019, Britons lost £207mi in these frauds, up by 40 per cent from the same period last year. These figures are...
Chloe Benson , Senior Associate in our Real Estate Dispute Resolution team, writes for CWB magazine outlining how to correctly exercise a break notice in your commercial lease. For the full article please visit CWB Magazine - How to correctly...
A recent decision from the Technology and Construction Court offers further clarity on one of the ways to resist enforcement of an adjudicator’s decision. Laughlan Steer, Associate in our Construction law team, provides the legal and factual background...
Jonathan Cole , Senior Associate in our Dispute Resolution team, writes for Startups Magazine outlining five key steps you need to take to obtain effective business insurance. “For a startup business, being able to rely on an effective and...
If you are the victim of a push payment fraud, an online scam, a phishing scam or any other kind of financial fraud, then you must take these steps in order to protect your position: Contact your bank and the bank where the money was sent. You must do this...
Commercial landlord and tenant relationships are under strain, with many office tenants looking to reduce office space and with many retail tenants moving online and reducing the number of stores from which they operate. It will come as no surprise that...
Jonathan Cole’s guide to business interruption insurance has been published in TTG, the leading publication for travel industry professionals. In his article, UK Travel Agents - A Guide to Business Interruption Insurance , Jonathan covers: What is...
With the recent government announcement extending some of the restrictions on rent recovery until 31 December 2020 and with many landlords still out of pocket from March and June, it is unsurprising that many landlord and tenant relationships are under...
The High Court has recently held that a large number of businesses who hold business interruption insurance policies and who were forced to close as a result of the pandemic are entitled to compensation by their insurers. Whilst this is an important...
Chris Barkley in our commercial property team writes for Property Investor News about the future of the office, highlighting key themes you need to take into consideration including sustainability, gamification, flexibility and lifestyle. ...
Chris Barkley in our commercial property team writes about office space options for SMEs in a post pandemic world in the in the Chartered Institute of Public Relations’ members magazine, The Influence: "Companies have had no...
Chris Barkley in our real estate team has been published in Prime Resi, the journal of luxury property. With permitted development rights in hot debate as the Government attempts to reform the planning system, Chris Barkley condenses the current position in...
Stephanie Brobbey's article on the use of Donor Advised Fund's for large scale giving has been published by eprivateclient . Stephanie's article is a must read for those seeking to donate in the wake of Covid-19: ...
Kieran Fano in our specialist construction law team has been published in The Chartered Institute of Civil Engineering Surveyors’ latest Construction Law Review. Published annually the review is a must read for those interested in the future of the...
The Civil Engineering Contractors Association has published its Generic Form of Sub-Contract (September 2020) for use in conjunction with a wide range of standard form and bespoke main contracts where there are no appropriate accompanying published forms...
Modern blended family arrangements can be complex, giving rise to a number of practical and emotional issues. Important legal and financial implications must also be considered. To help guide you through the maze our family and private client teams...
Network Rail sold a commercial property portfolio for £1.46bn to Blackstone Group and Telereal Trillium (The Arch Company) in 2018. TfL’s property portfolio is 16 times the size of Hyde Park, and the mayor of London Sadiq Khan has set a...
During the COVID-19 pandemic almost all forms of possession proceedings and enforcement action have been stayed. This means that, for parties currently involved in such proceedings, they have no choice but to wait until the stay period is over before they...
According to figures released this week by HM Treasury, a total of 816 applications have been made under the government’s Future Fund scheme which opened for applications on 20th May 2020. Under the Future Fund scheme, government funding is...
The Black Lives Matter movement, which has been illuminating and thought-provoking, has led to the resurgence of a former parliamentary petition to introduce mandatory ethnicity pay gap reporting – to shine a light on race/ethnicity based inequality in...
Tristan Wark, senior associate in our real estate team, explained the fundamentals of turnover rents and turnover leases and provided top tips for retailers considering agreeing a turnover based rent in the July edition of CWB Magazine. Since...
Enterprise Management Incentive (“EMI”) share option schemes have always been popular with employers and employees as a tax-efficient way for employees to share in the growth in value of the company for which they work. They are becoming...
Lucy Warwick-Ching's wide-ranging and timely article on modern divorce appeared in this weekend's Financial Times, with insightful contribution from Goodman Derrick LLP's family law associate Charlotte Coyle . The full...
On 25 June 2020, the long awaited Corporate Insolvency and Governance Act 2020 (the Act) received royal assent and came into force on 26 June 2020. In the few months prior to its inception, the Act has been adapted to support businesses suffering from...
An earlier version of this article first appeared in the June edition of The Caterer Whatever happens next will be very different, now is the time to precision plan your opening. Significant changes to lockdown restrictions for hospitality...
Chris Barkley's article first appeared in the June print edition of Property Investor News Hundreds of millions of people on the planet are now regularly playing online games with numbers set to increase exponentially. The UK is already starting...
Goodman Derrick's Corporate team are well known for providing a seamless service to lead counsel who require an English law firm on a multi-jurisdictional share purchase involving English companies. We have produced a checklist for this situation,...
The last three months have been challenging for residential property landlords, many of whom are juggling uncertain income with rapidly changing residential property regulations, most of which have been designed to protect residential tenants. This article...
The Coronavirus Job Retention Scheme (the Scheme) allows UK employers who cannot maintain their current workforce because their operations have been severely affect by coronavirus to “furlough” employees and access financial support to cover some...
On 29 May 2020, the government announced that it would be publishing a code of conduct to help guide and encourage landlords and tenants to work together to protect viable businesses and ensure a swift recovery. Whilst this would appear to be helpful, it is...
Experienced divorce lawyer Charlotte Coyle's In For a Penny podcast is now available online, in which Charlotte discusses the financial and emotional consequences of seeking a divorce with personal finance journalist Marc Shoffman and...
Updated: 12 May 2020 1. What is the Coronavirus Job Retention Scheme? 2. Which employers are eligible for financial support to cover furloughed employees? 3. Which employees can be furloughed? 4. What is furlough? 5. How much will the government...
Last night the government announced that construction sites can stay open until 9pm in residential areas and possibly later in places like the City of London. While this is of course good news as it will allow for greater social distancing on construction...
The Coronavirus Job Retention Scheme (CJRS), under which employees may be furloughed, has been extended to the end of October. Further details are to be published this month but the scheme will apply as it is until the end of July with changes expected from...
Updated: 5 June 2020 1. What is the scheme? 2. Closure to new entrants from 1 July 3. Which employers are eligible? 4. Which employees can be furloughed? 5. What is furlough? 6. How much will the government contribute? ...
It has been confirmed that employers can claim under the Coronavirus Job Retention Scheme (the Scheme) in respect of employees that were transferred from a previous business in line with the Transfer of Undertakings (Protection of Employment) Regulations...
To reflect extended social distancing measures, the Treasury has announced that the Coronavirus Job Retention Scheme, which allows employers to claim a grant to assist with payment of wages to "fuloughed" workers, will be extended for another month...
Contractual performance is under the spotlight as the new coronavirus, known as COVID-19, sweeps across the globe. As a result many businesses are considering what happens if they or another business are unable to meet their contractual obligations. For...
It has been a busy and stressful two weeks for everybody, especially for landlords and tenants. On 20 March the government ordered all bars, cafes, restaurants, pubs and gyms to close. The following Monday, on 23 March the government announced a...
This article first appeared in Talented Ladies Club . What happens to your ‘digital assets’, such as family photos, when you die? Find out why you need to make plans for them now. Here’s a conundrum: pick up your phone – not to...
This article was written in April 2020 and is no longer up to date. Please visit the Employment area of our News & Knowledge section for our latest guides and articles. The government updated its guidance for employers...
This article first appeared in Estates Gazette . The past decade has seen great efforts made across the property industry to streamline the commercial lease negotiating process. Some landlords, tenants and their respective solicitors have become less...
When a company is solvent and business is good, the company and its directors owe fairly limited duties to creditors (save, of course, for contractual obligations). Directors must act in the best interests of the company at all times and must promote...
Clare Gilroy-Scott, employment law partner at Goodman Derrick, looks at the important employment law changes that take effect from 6 April 2020 in our pre-recorded seminar: https://www.youtube.com/watch?v=m0etrricbUw Please...
Employees can self-certify for the first 7 days of sickness absence. But what happens after 7 days if an employee is either off sick with symptoms of Covid-19, or is self-isolating on government/medical advice (e.g. because a member of their household has...
The rules on sick pay have temporarily changed because of the global Covid-19 pandemic. Ordinarily, an employee would need to be absent from work due to incapacity in order to qualify for statutory sick pay (SSP), which is currently £94.25 each...
An amendment has been made to the Working Time Regulations 1998 (WTR) with effect from 27 March 2020 to allow workers to carry over any untaken statutory leave into the next two years, where leave has not been taken because of the coronavirus pandemic. These...
Damen Bennion , head of the collector car team at Goodman Derrick and Simon Kidston, a former auctioneer and the founder of Kidston SA, have answered a reader's question in FT Money. ...
The coronavirus pandemic has not only halted all types of international travel for those travelling for business and leisure but for those wanting to travel home with their newborn children. These new global travel restrictions will cause serious problems...
The Government announced on 19 March 2020 that schools, nurseries and other registered childcare providers (such as childminders) would close their doors to the majority of children from 20 March 2020, in an effort to delay/curb the spread of COVID-19. Many...
The UK Government has created a package of support to help employers and businesses. Our summary of the main elements is now available to download . Our summary was last updated on 25 March 2020....
Many of us are already experiencing severe challenges and almost all of us are likely to do so in the coming days and weeks ahead due to the uncertainty created by the coronavirus (COVID-19). So, what should you be doing now to be prudent and to...
For anyone commissioning or providing construction works, whether in a commercial, residential or shared infrastructure context, it is essential that the contract properly defines the works which must be delivered. This may seem obvious but the courts...
On Wednesday the Government published its response to last year’s Online Harms White Paper. An awful lot has happened since the White Paper was published: a General Election; changes of personnel – of Prime Minister and in the leadership of...
Chloe Benson in Goodman Derrick's Real Estate Dispute Resolution team focuses on three important points for landlords to think about before deciding on whether or not to forfeit a lease of commercial premises: 1. Practical considerations 2. Legal...
Late payment of invoices is a huge problem for small businesses, with research showing that almost half of invoices issued by small businesses are paid after their due date. According to the Federation of Small Businesses (FSB), late payment causes the...
Two friends spot a gap in the market and develop a new product. They set up a company together owning half each, work long nights and weekends, miss significant birthdays and acquire grey hairs. But after much hard work and perseverance they get...
Many of you may have noticed that your first day back at work this year coincided with the infamously dubbed ‘Divorce Day’ on 6 January. In fact, January as a whole was declared “the divorce month” by the media, whereby those who...
Katee Dias explains the employment law around secret recordings in the workplace and the HR Policies your business should have in place, in our new 3 minute video guide. PLEASE CLICK HERE TO WATCH THE VIDEO ON YOU TUBE Please subscribe to our You...
This article first appeared in CWB, The Childrenswear Association . Online retailing is not a temporary phenomenon. It brings huge challenges for high street retail, and retailers need to act quickly to embrace new technologies and remain...
Just over 2 years ago, American Actress Alyssya Milano tweeted #MeToo to draw attention to the number of women impacted by sexual harassment and abuse. The movement swept around the world exposing the prevalence of sexual harassment, especially in the...
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...
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...
"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...
