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Articles and Updates

Holiday pay and commission
Wednesday, 30 July 2014

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 Bates Employment and Pensions Financial Services 2014
Children to be Seen and Heard
Tuesday, 29 July 2014

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
Onshore licensing round for shale gas opens July 2014
Tuesday, 29 July 2014

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: Planning Real Estate Energy and Environment
New considerations for the removal of Agricultural Occupancy Conditions
Monday, 28 July 2014

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.

Is the "sky falling" on data protection? Recent issues are debated by the experts
Tuesday, 22 July 2014

Christopher Graham, the Information Commissioner, says "no" - John Battle, Head of Compliance at ITN, says "yes".

The issue of current UK data protection law and its compatibility with journalism was addressed by some of the country's most eminent figures, in a debate hosted by ITN and the Media Society on July 14th.

Tags: Media 2014
Too Saucy?
Thursday, 17 July 2014

Fish supplier Icelandic Seachill ('Icelandic') has secured an interim injunction against Aldi for copying its 'Saucy Fish Co' products. Aldi have removed their products from shelves for the time being and Icelandic has stated they hope a 'sensible commercial resolution' will be possible, but are prepared to pursue the claim to a final hearing if necessary.

Charities Bulletin July News
Tuesday, 15 July 2014

Welcome to this month's Charities news.

Court Orders, Non-Compliance and Relief From Sanction – The Correct Approach
Friday, 11 July 2014

On Friday 4 July 2014, the Court of Appeal allowed a trio of appeals concerning whether relief from sanctions should be granted in individual cases [Denton v TH White Ltd, Decadent Vapours Ltd v Bevan, Utilise TDS Ltd v Davies [2014] EWCA Civ 906]. In doing so, it has taken the opportunity to provide much needed clarity on the guidance on relief from sanctions which was given in the earlier and well publicised Mitchell case [Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537]. 

Dispute Resolution Bulletin July 2014
Tuesday, 08 July 2014

Welcome to our Dispute Resolution e-bulletin which brings you practical legal updates together with industry-focused insights. We are a highly experienced commercial litigation team and experts in all aspects of disputes management and resolution. In all cases we work alongside our clients to identify and provide bespoke, pragmatic and cost-effective solutions.

Contempt: common sense prevails?
Tuesday, 08 July 2014

Back in April, I wrote about the proposed new powers for the Attorney General, which are contained in the Criminal Justice and Courts Bill ("the Bill"). Well, there is some good news – the plans have now been dropped.

Tags: Tony Jaffa Dispute Resolution Media 2014
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