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 […]

Karen Millen loses name game, again.

Karen Millen has lost yet another legal battle, in this case to use her own name on clothing and household goods in China and the US. In Karen Denise Millen v Karen Millen Fashions Limited and Others[1], the judge found that the use of Millen’s first name in connection with clothing and accessories would breach […]

The power of the spoken word… to vary a lease

It is not uncommon in the commercial property world for arrangements to be made to re-schedule or change the pattern of rent payments. When it comes to short leases and the like, a recent Court of Appeal case has highlighted the need for care when making those arrangements orally. In MWB Business Exchange Centres Limited […]

Guidance notes for parties engaging in mediation

What is mediation? Mediation is a voluntary process in which parties to a dispute seek to resolve it with the assistance of an independent and impartial mediator. This may be done by means of the parties and the mediator meeting or communicating ‘remotely’, e.g. by phone. If the parties reach a resolution, it is usually […]

R v Secretary of State for Exiting the EU: Judgment of the Divisional Court

Attached r-v-secretary-of-state-for-exiting-the-eu is the Judgment approved by the Court (subject to editorial corrections) as delivered today. Decision: “the Secretary of State does not have power under the Crown’s prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union”. This is subject to appeal, which is […]

The Uber Decision: Workers’ rights in the gig economy under scrutiny

Described by the tribunal as a “modern business phenomenon”, Uber has around 40,000 drivers in the UK, with 30,000 drivers operating in the London area and around two million passengers registered to use its service there. In a judgment handed down on 28 October, an employment tribunal has held that Uber drivers are “workers” and […]