Articles and Updates

The Court of Appeal's recent decision in DWF LLP v The Secretary of State for Business Innovation and Skills, acting on behalf of the Insolvency Service is important for anyone involved in public procurement challenges.

Welcome to the August bulletin – it has been a quiet month for employment law developments. We are still waiting for the EAT's decision in the holiday pay including overtime set of cases and as soon as this makes headlines, we will report on this.

Mark Chanter, Head of the High Net Worth Matrimonial team at Foot Anstey, has worked as a mediator for many years. Until last year, mediation had become an increasingly important part of the divorce arena. However, following the withdrawal of Legal Aid in almost all cases, we have seen (almost predictably) a large increase in people acting in person and a vast drop in people going to mediation. This is disappointing, as research has shown that two thirds of the people who went to mediation reached an agreement in the process.

Tags: Mark Chanter

James Falle, new procurement partner at Foot Anstey, has co- edited the newly published 2nd edition of the Government Procurement Review, a multi-jurisdictional review of public procurement law. This new edition now covers six continents and 24 national chapters (including the EU chapter).

The recent prosecution and guilty plea of the Northern Echo for identifying the victim of an alleged sexual assault, is a sharp reminder of just how careful the press has to be when reporting allegations of sexual assault.

Tags: Media2014

Welcome to the July bulletin – first up this month is a brief update on the eagerly awaited EAT case of Neil v Freightliner due to be heard on 30 and 31 July 2014. As soon as any further information is available following the hearing, we will share it with you!

On a daily basis parents have to strike a difficult balance between what their child wants to do and what they, as the parent, think is best. This conflict has been played out in the family courts for years as well and is clearly something that has been troubling the Family Justice Minister.

Tags: Family Law

The 14th Round of Onshore Licensing opened in late July 2014. It closes on 28 October. The Department for Energy and Climate Change (DECC) will then consider the bids and award the licences (known as PEDLs), although awards of PEDLs are not likely to occur until Easter next year and of course, the general election will influence this timetable.

Tags: PlanningReal EstateEnergy and Environment

Agricultural occupancy restrictions can be imposed when the local planning authority wants to ensure a new dwelling in the open countryside will be occupied by agricultural workers and their dependants.  Removing such conditions allows the dwelling to be sold on the open market which markedly increases the property's value. Certificates of lawfulness (CLEUDS) are often used to confirm lawful occupancy in breach of these conditions.

A recent decision in the European Court of Justice (ECJ) (Lock v British Gas Trading Ltd and others C-539/12Lock v British Gas Trading Ltd and others C-539/12) means that employers will need to take immediate action to review holiday pay arrangements for employees who receive commission, or other elements of variable pay in addition to basic salary. The payment of commission to employed IFAs, in addition to basic salary, is a common arrangement and we set out below some practical advice for businesses on quantifying and dealing with the financial impact of the ruling.

Tags: Karen BatesEmployment and PensionsFinancial Services2014