Following an evaluation of the impact of the Licensing Act 2003 , the Department for Culture, Media and Sport announced earlier this year that it would be introducing a card alert scheme designed to give licensing authorities which choose to adopt it a new...

In a recent case, the courts had to consider the legality of a commercial arrangement undertaken by a bank with a company, the effect of which was to allow the company to ‘stand in its shoes’ with regard to a commercial lease. At issue was...

The Employment Appeal Tribunal (EAT) has handed down a far-reaching judgment in the long-running case of Coleman v Attridge Law , which concerns the interpretation of the EU Equal Treatment Framework Directive and its impact on disability legislation in the...

Employers are reminded that the Government’s new ‘fit note’ regime is due to replace the current system, whereby doctors issue hand-written sick notes, from 6 April 2010. Under the new system, a doctor will provide a patient who is off...

If you enter into a business contract in good faith and it subsequently transpires that the contract was incorrectly authorised or otherwise invalid from the perspective of the other party’s internal regulations, where do you stand? Two recent cases...

Getting your tax right can sometimes be complex and it is often the case that when HM Revenue and Customs (HMRC) investigate a taxpayer, they find that there are irregularities. When these result in an underpayment of tax, HMRC will normally levy interest...

With many companies suffering from the effects of the recession, business owners looking for an exit are thick on the ground. One problem those in this situation face is that if their business is in a fairly weak financial position, it is difficult to take a...

Retaining records after a person has died is essential in order to be able to demonstrate the amount of Inheritance Tax (IHT) ‘nil rate band’ that is available on the death of a surviving spouse or civil partner. It might easily be thought that...

Recent allegations of bullying within 10 Downing Street have raised the profile of a subject which receives relatively little coverage outside the employment tribunals, in spite of widespread prevalence in the workplace. Workplace bullying is not only...

The parents of an independent school pupil have lost their appeal against a judge’s decision to dismiss their claim that their son’s expulsion from the school amounted to a breach of contract and warranted injunctive relief and the payment of...

If a landlord has concealed or misrepresented facts, it can be ordered to pay a departing commercial tenant compensation for any damages or loss sustained by the tenant that arise as a result of having to quit the premises. The legislation bringing this...

Owners of properties used for furnished holiday lettings (FHLs) are reminded that the tax regime relating to these is set to change significantly (for the worse) next April. Under the current tax regime, such businesses have advantages for both Income Tax...

The Companies Act 2006 is, at 761 pages, the longest Act of Parliament in British history and was only fully implemented in October. However, changes are already afoot! Apparently, the sections of the Act which require disclosure of share capital (the...

The EU Working Time Directive lays down minimum health and safety requirements for the organisation of working time. The purpose of the entitlement to paid annual leave is to enable a worker to rest and to enjoy a period of relaxation and leisure. The...

Traders which supply insurance contracts on products where the policies are underwritten by insurance companies should take note of a little-reported decision of the court. It involved Homeserve, which supplies insurance contracts to householders on behalf...

It is widely thought that once a conviction is ‘spent’, it is erased from ‘the system’ and simply ceases to exist. Regrettably for those who may have a youthful indiscretion or two on their record, this is not so, as is illustrated by...

There has been confusion about some of the changes in company law brought in by the Companies Act 2006 , which was fully implemented on 1 October 2009. One of the more beneficial changes for companies wishing to reorganise their share capital (perhaps...

The trial of an unqualified will writer took place in Bristol recently when a 45-year-old man was charged with the theft of £800,000 from a succession of elderly clients. The man had duped childless elderly people into inserting a clause into their...

A recent case illustrates how complex building disputes can become when there are changes ‘on the fly’ to the work being carried out and the related paperwork does not keep pace. In the case in point, a contractor’s contract to fit out a...

New guidance giving practical advice to businesses and employees on preventing workplace harassment and violence has been published following European level agreement between employer and trade union organisations on the necessity of raising awareness of...

The ‘Doorstep Selling’ regulations ( The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 ) came into effect on 1 October 2008 and bring new rights to consumers who make contracts with traders in...

Insurers often try to give themselves ‘wiggle room’ to contest claims, which is one reason why they put so many questions in proposal forms. Over the years, the courts have established that where such a question is ambiguous, the legal...

Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5...

The Government has accepted in full the recommendations of the Migration Advisory Committee (MAC) for a revised shortage occupation list for Tier 2 of the points-based system of immigration. The new list applies to all certificates of sponsorship assigned on...

Most businesses that fail do not fail because they are not profitable. They fail because they have negative cash-flow. Cash is king. The ‘upswing’ phase when the economy is recovering is the most dangerous time of all for most businesses. ...