Mediation in uncertain times

The Civil Mediation Council (‘CMC’) held its annual conference yesterday (16 May 2017) in Birmingham. It was an inspiring and informative day. Dr Sue Prince of Exeter University gave the first presentation, about her research into use of mediation in the justice system. She has a wealth of data and knowledge from the UK and […]

10 things you need to know about the new Apprenticeship Levy

From 6 April 2017, many employers will have to pay the Apprenticeship Levy, which has been referred to by some as a new payroll tax. However, at least some of this additional expense could be recouped if the employer employs an apprentice. Given the hospitality industry is one of the largest employment sectors, the scope […]

How to make returnships a success

On International Women’s Day, the chancellor announced a new £5m fund designed to help women return to work after a long break. The initiative will support returnship programmes that provide short-term assignments to returners who are often, but not always, women who have taken time out to raise their children. Typically lasting around 12 weeks, […]

Service Charge recovery: an unusual but salutary lesson

In the case of Sheffield City Council v Oliver the Court of Appeal looked at the impact of third party contributions – in this instance Government funding – on service charge recovery. Both landlords and tenants should take note, as the principles go beyond the specific facts of the case. Most of the flats within the […]

Sweeping up the legal costs

Leases of residential property, flats particularly, commonly contain obligations on the part of the landlord to maintain and keep in repair the structure of the building and common parts and to recover the expenditure through service charge contributions from the individual tenants. Often the lease will contain a list of other services to be provided […]

Court of Appeal Judgment: First Subsea Ltd v Balltec Ltd and others [2017] EWCA Civ 186

In First Subsea Ltd v Balltec Ltd and others [2017] EWCA Civ 186 the Court of Appeal had to make a judgment on whether a director found to be in breach of fiduciary duty could rely on a limitation defence under the Limitation Act 1980. Background E was the director and founder of First Subsea […]

Unilateral communications between a party-appointed arbitrator and counsel

In an interesting decision in the Technology and Construction Court in March 2017, the Judge (Mrs Justice Jefford) considered a challenge by an unsuccessful party in an ICC arbitration. The Dispute The dispute arose from a contract to construct a power station in Kabul, Afghanistan. The Prime Contractor and the Respondent in the arbitration, Symbion […]

Effective date of notice of termination

When an employer decides to terminate an employee’s employment, it is obviously important that notice of the termination is communicated to that individual. There can sometimes be difficulties with this, for example when the employee is absent from work because they are on holiday or off sick. The recent case of Newcastle upon Tyne NHS […]

Brexit report on “justice for families, individuals and businesses”

The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at the Committee’s conclusions as to the Brussels I Regulation ‘recast’, relating to jurisdiction and judgments in civil […]