What is coming up in employment law in 2017?

Happy New Year! As the celebrations have now passed and it is back to work, let’s look at some employment law developments coming up in 2017. Employment Tribunal Fees Fees were introduced back in 2013 for all Employment Tribunal claims. However, the lawfulness of this was questioned and the latest hearing in the long running […]

High Court rules member’s profit share can be subject to forfeiture (Hosking v Marathon Asset Management LLP [2016] EWHR 2418 (Ch))

The High Court has ruled that a profit share payable to a member of an LLP was capable of being subject to forfeiture where the member was found to have breached his fiduciary duties to the LLP. Facts The Claimant, Jeremy Hosking, was a founding member of the Respondent, Marathon Asset Management (the “LLP”), and […]

The new Pre-Action Protocol for Construction and Engineering Disputes

Pre-Action Protocols, tailored for specific types of dispute, have been a feature of the litigation landscape for many years. They represent good practice and compliance is mandatory. A party runs the risk of costs sanctions if it fails to observe an applicable Protocol. One of the main objectives of Protocols is to encourage an early resolution […]

Compounding the felony

The hidden, devastating, effects of compound interest have been considered in a previous GD Online article (Extreme Service Charge; June 2015) concerning service charge payments in residential leases of holiday chalets on the Gower peninsula. Some of the leases, granted in the early 1970s for terms of 99 years, reserved a fixed annual service charge,  […]

Fallout over Christmas issues

The Christmas period is a time of joy and celebration for many but employers can often face employment law issues leaving them feeling more “bah-humbug” than “cheers”. Set out below are common problems that arise for employers at this time of year. Some of my employees have not turned up to work on time the […]

Brexit and Article 50 – Does the government really want to defeat the challenges?

A great deal of the comment on this case, which is summarised in Jonathan Haydn Williams’ note, has not taken into account that it is a typical judicial review, in which the claimants maintain that certain “rights” are to be removed by government to their detriment. What has also not been commented on extensively, is […]

Autumn Statement 2016: a private client perspective

In general, the 2016 Autumn Statement (the “Statement”) brought no significant ‘surprise’ announcements for private clients; indeed on the inheritance tax front the Statement was particularly quiet. Perhaps the biggest revelation was that this was Phillip Hammond’s first and last Autumn Statement. The new Chancellor, Mr Hammond plans to reverse the Autumn Statement and the […]

Brexit and Article 50 – A Summary of the Judgment of the High Court of 3 November 2016

From screaming headlines to more sober assessments, much has been written about this decision of the High Court since it was delivered earlier this month. Early in December, an appeal by the government is to be heard by the Supreme Court. The judgment is 31 pages long and comprises 111 paragraphs. The aim of this […]

Right to rent

This article follows on from our earlier update in January of this year on the ‘right to rent’ checks introduced by the Immigration Act 2014 (see here for a recap of these). From 1 December 2016, a number of the provisions of the Immigration Act 2016 (the “2016 Act”) come into force. Perhaps the most […]