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  • 08 June 2017
  • Commercial Real Estate

1954 Act Protection – Is it worthwhile?

Members of the Real Estate Team at Clarkslegal are often asked by clients whether a lease that has the protection of the Landlord & Tenant Act 1954 is more valuable than a lease which does not have the benefit of such protection.
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  • 02 June 2017
  • Employment

“Mini” strike exposes major pension issues

In April workers at BMW’s UK plants started a wave of one day strikes, halting the output of the iconic Mini. This is the first ever walkout by staff at these sites and the cause was BMW’s plan to close a defined-benefit pension scheme and replace it with a contribution-based scheme, a move the Unite union believe will cost workers up to £160,000 in lost income.
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  • 02 June 2017
  • Employment

Supreme Court determines pay deduction rate for employees on strike

In Hartley v King Edward VI College, the Claimants were teachers who participated in a full day of lawful strike action. Their employment contracts permitted pay to be deducted for any days on lawful strikes but did not specify the calculation to be applied. The employer deducted 1/260 of their annual pay, basing the calculation on working days in a year rather than calendar days.
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  • 02 June 2017
  • Employment

Employer’s belief disclosure was not protected was not relevant

It is automatically unfair to dismiss an employee on the basis that he or she has made a protected disclosure, more commonly known as ‘whistleblowing’. The Court of Appeal, in Beatt v Croydon Health Services NHS Trust, has made clear that an employer’s belief that a disclosure was not protected is irrelevant in such dismissals.
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  • 02 June 2017

Managing Partner joins India-Commonwealth SME Trade Summit

On the 30th and 31st May, Clarkslegal Managing Partner Monica Atwal attended the first India-Commonwealth SME Trade Summit in India, along with other business leaders and high-level policymakers. Among the topics discussed were Brexit, deepening intra-Commonwealth trade, trade facilitation in services and cross-border e-commerce.
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  • 02 June 2017
  • Public Procurement

Perfecting Imperfect Bids Part 2 – Advocate General’s Opinion

Whether in a public works, service or supply contract a bidding consortium must be allowed to amend its bid following tender submission where one key criteria applicable to that consortium had changed.
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  • 02 June 2017
  • Public Procurement

When is a clarification not a clarification?

In a tender for a public works, service or supply contract once a tender has been submitted what is permitted under Directive 2004/18/EC by way of clarification of that tender submission

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  • 01 June 2017
  • Public Procurement

Can you use procurement law to halt development?

If a local authority does not comply, one or more of the unsuccessful bidders may have grounds to challenge the award of the contract. But what about non-bidders? When deciding to redevelop a vacant or run down part of town, procurement law is just one of the many factors a local authority will need to consider.
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  • 31 May 2017
  • Corporate and M&A

Clarkslegal advises OASIS Group on its latest UK acquisition

Clarkslegal, led by corporate lawyers Jon Chapman and Esma Kilic, advise OASIS Group on its latest UK acquisition. OASIS Group is one of the fastest growing records and information management (RIM) companies in Europe.
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  • 30 May 2017
  • Construction

Raconteur article: Risk management for employees

Dispute Resolution Partner Stephen James provided Dan Matthews at Raconteur with an expert opinion on how companies can prepare their employees for the unexpected.Risk management has never been more important- stories of computer viruses, crashed systems and unsettled Governments have been flooding the news in the last few weeks, and having a risk strategy is a crucial part of an organisation's defence.
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  • 11 May 2017
  • Public Procurement

10 Tips for Challenging the Result of a Public Tender

Following our recent webinar, we have produced some “Top Tips” which we hope that any business which finds itself challenging a procurement award will find useful.
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  • 11 May 2017
  • Commercial Real Estate

Rights to Recreation Added to Possible Classes of Easement

The right to do something on someone else’s land (such as use a track or lay pipes) in perpetuity appears to be a pretty simple concept. In practice, what the law calls “easements” are more complex to define. A recent case has made the definition of what can constitute an easement wider.
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