New starter boosts Joelson’s property litigation offering

March 14th, 2017

Another new addition to the Joelson team is Laura Bushaway, a property litigation specialist who joins the firm as a Senior Associate. She spent more than a decade at a top commercial law firm based in Holborn specialising in property disputes. Laura regularly advises on general property management issues, rent arrears, business lease renewals, dilapidations, … Continue reading “New starter boosts Joelson’s property litigation offering”

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Joelson appoints construction law specialist to lead new team

March 14th, 2017

Joelson has recruited an experienced solicitor to head up its new construction law team. Myles Levy has joined the firm as a Partner and will lead the newly-created department, having previously worked as legal counsel for the Canary Wharf Group PLC and another top London firm. Myles is a member of The Society of Construction … Continue reading “Joelson appoints construction law specialist to lead new team”

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Court of appeal confirms that an implied term cannot fill a gap in an incomplete contract

March 2nd, 2017

A recent Court of Appeal decision in Wells v Devani [2016] EWCA Civ 1106 (“Wells v Devani”) sets out that implied terms cannot be used to fill a gap left by the parties in a commercial contract, particularly when the gap should have covered an essential term of the agreement. This case serves as a … Continue reading “Court of appeal confirms that an implied term cannot fill a gap in an incomplete contract”

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What can you learn from the recent “gig economy” cases?

February 23rd, 2017

Self-employed contractors operating in the so-called “gig economy” received a boost in January when an Employment Tribunal ruled that CitySprint courier Maggie Dewhurst should be classed as a “worker” and not as self-employed. The ruling follows a similar finding made in October when an employment tribunal held that Uber drivers were also workers rather than … Continue reading “What can you learn from the recent “gig economy” cases?”

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Do employers have a duty to encourage rest breaks?

February 23rd, 2017

Under Regulation 12 of the Working Time Regulations 1998, workers are entitled to a daily rest break of twenty minutes provided their working day is over six hours. A complex body of case law has arisen which addresses the question, “to what extent must employers actively encourage employees to take a break?”. This question has … Continue reading “Do employers have a duty to encourage rest breaks?”

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Are employers always responsible for the acts and omissions of their employees?

February 23rd, 2017

As a basic rule, employers can be held liable for the wrongdoing of their employees if the wrongdoing is committed in the course of employment. There must be sufficient connection between the employee’s wrongdoing and their employment. The case of Bellman v Northampton Recruitment Ltd concerned a Christmas party in 2011. The employer, Northampton Recruitment, … Continue reading “Are employers always responsible for the acts and omissions of their employees?”

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Employer caught out as HMRC and the First Tier Tax Tribunal rule in employee’s favour during high value SMP dispute

February 23rd, 2017

Ms Sexton was pregnant and was made redundant by her employer, Campus Living Villages. Her claims for unfair dismissal and pregnancy discrimination were subject to ACAS conciliation and subsequently settled by way of a COT3 settlement agreement. Although Ms Sexton would not be employed by Campus Living Villages during her maternity leave, they were obliged … Continue reading “Employer caught out as HMRC and the First Tier Tax Tribunal rule in employee’s favour during high value SMP dispute”

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CASE UPDATES

February 22nd, 2017

Please see below for recent guidance on when a staff handbook can become contractual and the extent to which senior level employees can be said to owe additional fiduciary duties to the business. Sparks v Department for Transport – staff handbooks – when can they become contractual? Part of a staff handbook can be contractual … Continue reading “CASE UPDATES”

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Construction of office space hits highest level in eight years

November 24th, 2016

Construction work in central London has hit the highest level for eight years, according to recent figures. At present 120 schemes – equivalent to around 14.8m sq ft – are currently being delivered in the district. This is four per cent more than were being worked on six months ago, when the city was awaiting … Continue reading “Construction of office space hits highest level in eight years”

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Association puts forward plans for reform

November 24th, 2016

The Conveyancing Association recently published a paper, setting out proposals to overhaul residential property transactions. The document, entitled Modernising the Home Moving Process, makes a number of suggestions for how the current process could be improved. These include a new requirement for parties to make a legal commitment on offer, to hopefully reduce the likelihood … Continue reading “Association puts forward plans for reform”

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