Clarkslegal LLP - Solicitors in Reading and London

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Jul
12
2017

Monica Atwal writes for CITY AM on the Taylor Review paves the way for a new labour landscape
#Employment #Press

The Taylor Review offers clear guidance in this current climate of uncertainty: employers need flexible and agile workers, and in reality there are a variety of work arrangements that suit both the individuals and business....

Jul
11
2017

Exclusion clauses gain some weight at the Court of Appeal - Persimmon Homes Ltd & Others v Ove Arup & Partners Ltd [2017]
#Construction

The Court of Appeal has recently ruled that a clause designed to exclude liability was indeed effective in excluding liability. Unsurprising on the surface, but big news when considered against the narrow interpretation rules of contra proferentem and Canada Steamship that historically limit the effectiveness of these clauses. The decision indicates a move away from such restrictive principles and towards a more natural interpretation of clause wording....

Jul
10
2017

Limited role of contra proferentum in interpreting commercial contract exclusion clauses – Persimmon Homes Ltd v Ove Arup & Partners Ltd [2017]
#Commercial

The contra proferentum rule dictates that where the contract is drafted ambiguously, it will be interpreted against the party who drafted it or who seeks to rely on it....

Jul
10
2017

About to start trading? What are the risks and how to cover them
#Real Estate #Food and Restaurants

Read our useful guide dealing with the key risks that all restaurant entrepreneurs need to consider before they start trading. The top tips cover numerous risks that all commercial real estate occupiers need to consider, including public liability, key staff absence, equipment failure and cybercrime....

Jul
10
2017

Found the perfect venue? Watch out for hidden costs
#Real Estate #Food and Restaurants

Read our useful guide looking at the hidden costs of taking on a new restaurant property. The tips would also be relevant to anyone taking on a commercial property and focus on business rates, service charges and energy costs amongst other things....

Jul
10
2017

From food van to restaurant. A guide for food entrepreneurs
#Real Estate #Food and Restaurants

Read our useful guide packed full of tips for anyone looking for their first restaurant premises....

Jul
10
2017

Revised Procedure for Debt Claims against Individuals – a Recipe for Delay?
#Dispute Resolution

In April the Ministry of Justice released a new Pre-Action Protocol for Debt Claims which revises the procedure claimants have to follow before suing an individual for an unpaid debt....

Jul
10
2017

Accommodating business visitors and ensuring compliance
#Immigration

A few years ago, the UK’s rules for visitors were revamped and saw changes which simplified the lives of many people who are frequent visitors to the UK for leisure and business. Prior to April 2015, visitor rules were restrictive and it was commonplace for bona fide business visitors to be inadvertently in breach of the immigration rules. The current visit visa system allows business people to carry out a wider range of activities under broader categories....

Jul
10
2017

Gig Economy Update
#Employment

The Trades Union Congress (TUC) recently published a report on ‘insecure work’. According to the report, 3.2 million people in the UK currently have ‘insecure work’ which was defined as being engaged:...

Jul
10
2017

Appeal: No reasons for decision? No witnesses called? No problem!
#Employment

In the case of Elmore v The Governors of Darland High School, the EAT upheld the decision of the ET that the dismissal of a mathematics teacher on capability grounds was fair, despite the fact that the school’s appeal panel gave no reasons for its decision and none of its members were called as witnesses at tribunal....

Jul
07
2017

How to avoid getting hot and bothered on summer employment issues
#Employment

In December, law firms like to write advice on dealing with employment issues that may arise over the festive period, but the summer in its own way can create just as many pitfalls....

Jul
04
2017

Top Tips for Making Clarification Questions Work For You
#Public Procurement

The most important step in winning a public tender is writing a first-class bid. Making sure that your bid addresses each aspect of the tender questions and provides evidence where required is key to achieving that....

Jun
30
2017

Scottish Government report suggests raise in care worker wages would help close gender pay gap
#Employment

The Scottish Parliament’s Economy, Jobs and Fair Work Committee has published its gender pay gap report, “No Small Change”. It contains a number of recommendations for devolved powers to be used to close the gender pay gap....

Jun
30
2017

Save money. Live to regret it?
#Employment

Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda....

Jun
30
2017

TUPE may apply on share sale if purchaser “steps into the shoes” of the employer
#Employment

On a share sale, it is easy to presume that TUPE will not apply as the employer remains the same and it is just the ownership that changes. In the recent case of ICAP Management Services Limited v Berry & BGC, the High Court looked at the circumstances in which a transfer could arise....

Jun
29
2017

UK Government’s Post Brexit Offer to EU nationals
#Immigration

This week, the government published its policy paper for managing the immigration status of EU nationals in the UK after Brexit. The policy paper is still to be negotiated with the EU but it confirms that once the UK has officially withdrawn from the EU (which could happen at any point on or before 29 March 2019), existing residence documents such as those certifying permanent residence, would be invalid. Instead, all EU nationals and their family members would need to apply for new residence documents....

Jun
28
2017

Costs budgeting – welcome clarity from the Court of Appeal
#Dispute Resolution

Costs budgeting is now a central part of civil litigation. The Court, lawyers and litigants are getting more comfortable with the process and it leads to much greater transparency and certainty. ...

Jun
23
2017

Queen’s Speech: Proposed measures relating to Employment Law
#Employment

Her Majesty has outlined the legislative agenda for the coming two years in Parliament. As the Conservative Party failed to obtain a majority in the recent general election, many manifesto promises were scaled down or scrapped entirely....

Jun
23
2017

Employment status disputes could lead to holiday pay headache
#Employment

If the Court of Justice of the European Union (CJEU) follow the Advocate General’s recent opinion on holiday entitlement, for those wrongly classified as self-employed, businesses who dispute entitlement to paid annual leave could face large pay outs....

Jun
23
2017

First-tier Tribunal gives guidance on monetary penalties for data protection breaches
#Employment

In LAD Media Ltd v ICO, a monetary penalty by the ICO for unsolicited marketing texts has been reduced on appeal by the First-Tier Tribunal (Information Rights)....

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