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News

  • Thursday 28th January 2010

    Construction Act amendments receive Royal Assent

    On 12 November 2009 the Local Democracy, Economic Development and Construction Bill (LDEDC Act 2009) received Royal Assent. When the Act comes into force it will amend the Construction Act 1996. The key objectives of the amendments were to improve the operation of construction ...

  • Sunday 27th December 2009

    Length of service related pay schemes

    As a result of the decision of the Court of Appeal handed down on 20 October 2009 in the case of Wilson v Health & Safety Executive, any business that operates pay scales based upon length of service should be warned that the risk of these being challenged as being discriminatory has now ...

  • Saturday 26th December 2009

    Supervision failure costs council

    A county council was found negligent when a pupil was injured during a break at school when he was hit by a rock thrown by another pupil. The case turned on a simple point – was it sufficient (as was the case in this instance) to have only one supervisor overseeing 150 children? The Court of ...

  • Friday 25th December 2009

    Freezing Orders

    As anyone who has ever tried to collect a debt knows, there is a big difference between obtaining a judgment on the debt and obtaining payment.In difficult cases, one of the ways a debtor can be encouraged to pay is by obtaining a freezing order against his or her assets. This is a court order ...

  • Thursday 24th December 2009

    Avoiding payment by Bankruptcy Plan fails

    A husband who had himself declared bankrupt in order to avoid making a financial settlement to his ex-wife recently found his plan stymied by the court. The man had many business interests and had purchased a substantial house through an Isle of Man company. When his wife issued a petition for ...

  • Wednesday 23rd December 2009

    Get ready for compulsory pensions

    The Pensions Act 2008 contains provisions which will make it compulsory (from 2012) for an employer to enrol qualifying workers aged between 22 and the state pension age who earn more than a de minimus amount (currently set at £5,035 per annum) into a pension scheme and to make contributions ...

  • Tuesday 22nd December 2009

    Charities hit as Tax Man moves goalposts

    Charities which acquire buildings face an unexpected blow following the announcement by HM Revenue and Customs (HMRC) that a concession relating to property used for charitable purposes is to be altered. The announcement came out of the blue, with no prior consultation having been held. Currently, ...

  • Sunday 20th December 2009

    Gullands in the community

    Keen club cyclist, Spencer Stacey, who works in the Criminal Department, took part in a sponsored bike ride from Maidstone to Le Mans, over the weekend of Friday 11th to Monday 14th September. This was a journey of 313 miles over three days. There were five riders, Spencer, David Taft, Duncan ...

  • Saturday 19th December 2009

    Beware the Law doesn't let you have 'both barrels' If you operate or run a shoot on your land

    There is a surprisingly large mass of legislation relating to, and regulating, shoots. Here I attempt a brief examination of some of the points that should be considered, some of which will not be to the forefront of the land owners’ mind: Health and Safety If your shoot has five or more ...

  • Friday 18th December 2009

    Are LLP members employees?

    In many ways a Limited Liability Partnership (LLP) is as much like a company as a partnership. Recently, an LLP member who was required to retire from the LLP claimed he had been unfairly dismissed. The Employment Appeal Tribunal concluded that he was not an employee of the LLP and could not ...

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