Short term gain, long term pain: the risks of advertising your property for short term lettings

In a recent article, we highlighted the potential pitfalls of using popular vehicles such as Airbnb to sublet your property and the problems which you may face unwittingly should you choose to rent out your property on a short term basis (see In recent times, the Airbnb phenomenon has seen a marked increased in […]

What’s new or on the horizon?

The following is a summary of new legislation and what is coming up to ensure that you remain aware of developments that could impact your business going forward. Termination payments Currently, an employer is able to make an ex-gratia payment of up to £30,000 on termination of an employee’s employment without deductions for tax or […]

Job applicants: to what extent are they protected from discrimination?

It will be a relief to organisations that the European Court has held that a job applicant, who only made an application for a role in order to will compensation, is not protected from discrimination (Kratzer v R+V Allgemeine Versicherung AG). The Equal Treatment Directive’s purpose is to provide protection to those actually seeking employment. […]

Holiday pay & EU law: are the working time regulations are compatible with EU law?

The Court of Appeal has made a reference to the European Court of Justice (CJEU) in a major area of importance concerning holiday pay under the Working Time Regulations 1998 (WTR). On 9th February, the Court of Appeal considered the question of accrued but untaken holiday pay in the case, King v The Sash Window […]

Recent and upcoming developments in employment law

The summer may now have gone but it was an active period for employment law news. Below we look back at some of the happenings to ensure you remain aware of developments that could impact on your business going forward. Employment status It was reported in July 2016 that the food delivery firm, Deliveroo, had […]

Acceptance or counter offer – don’t suffer from attachment issues

This recent decision in Gibbs v Lakeside Developments Ltd [2016] EWHC 2203 (Ch), 12 July 2016 reiterates the age-old principle that an offer must be accepted in its entirety for acceptance to be legally binding. The judgement also brings to light some interesting practical points in the modern age of digital communication. The substantive issue […]

Landlords’ works and the impact on tenants

Commercial leases often reserve to the Landlord the right to carry out repairs to adjoining premises. At times, this right may conflict with the Tenant’s right to enjoy the demised premises under the Landlord’s covenant for quiet enjoyment. There is also an implied covenant by the Landlord not to derogate from grant – put another way, a […]

High Court rules software = goods in commercial agency relationship

The question of whether software constitutes goods or services has always been problematic.  The answer can determine if and when certain terms are implied into a commercial contract, which in turn may have significant financial consequences for the losing party in a dispute. This was illustrated most recently in the High Court case of The […]

The blanket banning of Russian participation in the Paralympics; Swiss courts to choose between Blackstone and Pol Pot

According to the great English jurist William Blackstone, it is better that ten guilty men go unpunished than one innocent man is convicted.  Authoritarian opponents of Blackstone (who, Wikipedia informs us, include Bismarck, Dick Cheney and Pol Pot) would appear to have been joined by the Court of Arbitration for Sport( CAS). CAS has decided […]