Articles and Updates
In this month's bulletin we look at what has happened in employment law over the last month in our regular in brief article. We consider what the recent Supreme Court decision on tribunal fees means for employers and we also summarise the much anticipated Taylor review which looks at how employment law, in particular staffing structures, need to change in order to reflect modern business practices. Please note there will not be a bulletin in August as we take a short break over the summer, our next regular bulletin will be in September. Read More...
Many land owners ask the question whether they can put a gate across their land when a third party has a right of way over that land. The answer to that question is it depends! It depends on a number of factors such as location, nature of the gates and the degree of interference erecting a gate would cause the person with the right of way over the land. Danielle Spalding, associate and property litigation specialist, looks at a recent case and its implications.
There has been some controversy about whether carers that may well sleep during their whole shift should be paid in line with the national minimum wage. Senior associate Holly Mieville-Hawkins, in Mental Capacity at Enable Law comments on the minimum wage for care staff.
At what point do you draw the line between the lawful scrutiny inherent with life in the public eye and illegal abuse? When it causes serious harm to reputation or, more seriously, legitimate fears as to safety.
DISPUTE RESOLUTION UPDATE
Recent case law has examined the meaning of the phrase 'as soon as possible' in relation to notification of potential claims to the insurer.
A trade mark proprietor is unable to prevent a third party from using its trade mark in all circumstances especially if it is being used to communicate a characteristic of a service or good to the public. For instance, a third party can inform the public that it repairs BMW cars or sells products which are better than a particular branded product. Such uses are descriptive.
For over 300 years, transfers of property in England and Wales are required to be in writing. Nevertheless, there are situations where the Courts will uphold claims for property interests on the basis of verbal or written assurances by one party to another. This type of claim is known as 'proprietary estoppel', because once all of the grounds for the claim are established, the property owner is 'estopped' from going back on the promises or assurances they have made.
In this article Emma Facey, senior associate and specialist in inheritance and trusts disputes, looks at a spate of such claims in the farming community over the last few years and they continue to rise.
In this month's bulletin we summarise what has happened in employment law over the last month in our regular in brief article. This includes a fact sheet for businesses on the government's proposed deal for EU citizens post Brexit. We also take a closer look at a case which considers the extent to which employees can be required to disclose plans to compete and a recent tribunal decision which held that a man could claim sex discrimination when his employer paid less for shared parental leave pay than enhanced maternity pay. Read More...
Anna Phillips, legal director, together with James Falle, partner, were pleased to welcome Nicky Jones, Head of Giving and Trusts for the Royal Shakespeare Company to their recent Charities Networking Seminar on grant applications hosted in Foot Anstey's office at Glass Wharf, Bristol last week.
The great majority of property owners will have at least one tree in their ownership or, as many would see it, in their guardianship. Trees are a vital part of both our rural and urban landscapes but they bring with them certain responsibilities and potential liabilities, so it is important to have an awareness of the legal implications of having trees on your land.