Articles and Updates
In the latest in a long line of worker status claims emerging from the "gig economy" the Employment Appeal Tribunal has upheld a decision which found that Addison Lee drivers were workers despite being labelled as independent contractors in documentation. In doing so the EAT confirmed that tribunals are entitled to use a "realistic and worldly wise" approach to determine employment status where it is alleged that the contract is not an accurate reflection of actual practice.
Kevin Lau, associate in our employment team, summarises the key issues in the case and the points to take away.
Our specialist charity Legacies team works closely with many charity trustees and legacy officers to administer and maximise gifts left to charity in a will or trust. Elizabeth Ware, Chartered Legal Executive, discusses our top ten tips for charity trustees administering a gift.
Imagine a commercial rival, enraged by your success, telling anyone who'll listen that you'd broken the law to get where you are, that you knew you were unscrupulous – and you didn't care one tiny bit.
Unsatisfied with painting your name black to his personal network, he heads online and makes the same baseless allegations on message boards. Then the row, along with all its gruesome allegations, gets viral.
Extreme? Yes, perhaps. But scarcely unheard of in this age of social media.
Tony Jaffa, partner and reputation management specialist, considers what legal options are available when your individual or business reputation comes under threat.
Over the last decade there has been a steady increase in the number of conditions imposed on planning permissions by local planning authorities. In particular, the number of pre-commencement conditions has also increased. These conditions require details to be submitted for approval or certain works to be undertaken before development authorised by the planning permission can commence. Alex McKerron and James Clark from our specialist Planning team look at this issue and new regulations that have come into force.
A recent case has highlighted the importance of franchisors actively managing their trade mark portfolios to ensure that their registered trade marks do not become vulnerable to a non-use cancellation action after five years. In Walton International Ltd and another v Verwiej Fashion BV, the claimant's failure to review its portfolio resulted in the loss of its trade mark protection and the ability to use its brand in the UK and the EU. Paul Cox and Rachel Warren from the Intellectual Property team provide further insight.
When making an order in relation to a husband and wife's finances on divorce, the courts will look to achieve a clean break where possible. However, where for example the wealth of the family comes from one person's income, this is not achievable and will result in orders for lump sums, payments in instalments, maintenance orders and pension sharing orders. Jill Bruce provides further insight.
Good faith in commercial contracts has traditionally not been accepted, however recent decisions have seen the courts willing to accept express good faith provisions and in some instances, allowing good faith to be implied into contractual arrangements. Rachel Warren explores the issue and what the practical impacts are.
Katherine Willmott, associate and private wealth specialist, looks at how a recent case has provided some guidance as to when furnished holiday lets will apply for Business Property Relief ("BPR") from inheritance tax (IHT).
On 5 September 2018 the Court of Appeal overturned a 2017 High Court decision regarding the scope of legal professional privilege (LPP) in the case of Director of the Serious Fraud Office v Eurasian Natural Resources Corporation  EWCA Civ.2006. This provided a welcome and commercially pragmatic clarification for companies and large organisations facing potential misconduct investigations. Mark Rhys-Jones and Rebecca Harries-Williams provide further insight.
In what is expected to be the most significant decision to date on worker status, the Supreme Court (SC) in Pimlico Plumbers Ltd and Anor v Smith has upheld a lower Tribunal's decision that Mr Smith, a plumber working for Pimlico Plumbers (PP), was a 'worker' in accordance with both the Employment Rights Act 1996 (ERA) and the Working Time Regulations 1998 (WTR), and also 'in employment' for the purposes of the Equality Act 2010. Kevin Lau looks into what this means for the future of guidance on the issue of worker status.