News

02 February 2012
A Will or Trust could have saved the situation…
A recent story on the BBC News website, regarding a man who was jailed for sharing his father’s industrial compensation, brought home the stark reality of how easily the situation could have been avoided just through seeking wealth protection advice.
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30 January 2012
What's left for 2012? Employment law update
In the last of our articles looking ahead at 2012, we focus on some of the changes which are still in the pipeline or under consultation; however, at this stage we have no concrete implementation dates.
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27 January 2012
Protecting you and your staff on the road - Health and safety at work
Many employers will agree with David Cameron, that a decade of Health and Safety rules and regulations intended to protect people have in fact simply overwhelmed businesses with extra red tape.
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23 January 2012
Not reading this article could be the most expensive mistake you make this year…
If you are the tenant of a building and have been late paying rent at any time during the lease - even if by just one day – you may find you can not validly exercise your break clause and will be liable for the full rent until the end of the lease.
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23 January 2012
Cutting the red tape: 2012 Employment Tribunal Service changes
As part of our look ahead at some of the Government’s proposed changes to employment law, we consider planned changes to the Employment Tribunal Service.
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18 January 2012
Caroline Wallis, head of Wealth Protection interviewed in Citywire
Caroline Wallis is a partner and head of the wealth protection team at Boyes Turner. She specialises in estate planning, wills and trusts and estate administration and is also a professional deputy in substantial deputyship cases and professional trustee of a number of specialist compensation trusts.
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18 January 2012
Are you bidding? "Get Britain Building" funding application deadline approaches
One of the Government’s measures to improve levels of activity in the housebuilding industry is the “Get Britain Building” programme under which £420 million is earmarked for unlocking development on stalled sites with existing planning consent for new housing.
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17 January 2012
Restricted Certificates of Sponsorship - fears unfounded
In April 2011 the Government imposed significant restrictions on a licensed sponsor’s ability to grant certificates of sponsorships under Tier 2 (General). However, it seems that these fears were unfounded. On average 800 Restricted Certificates of Sponsorship have been granted each month against a monthly allocation of 1,500.
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13 January 2012
What to expect in 2012 – Key employment law changes for employers
This year is another bumper year for employment law changes. In a series of articles we look at the key changes for employers in 2012, planned changes to Employment Tribunal practice and procedure and further employment law developments still in the pipeline.
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12 January 2012
Stress - January's forget-me-not
Back to work as the festive season slips into the past, recovering from holiday hangovers, plagued by wintery grey skies, the realisation of money spent and waiting for a payday that takes forever to arrive... It is no surprise then that January is considered one of the most depressing months of the year!
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06 January 2012
A Second View
We wrote, in July last year, about the case of Lanes Group plc –v- Galliford Try Infrastructure Ltd, where an adjudicator’s decision had been declared a nullity on the grounds of apparent bias.
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21 December 2011
The end of the sick note...?
An estimated 140 million days lost as long term sickness absence costs the UK almost £9 billion each year. With a stumbling economy, it is no wonder then that alongside a number of employment law reforms aimed at tackling the economic crisis, this is another area under scrutiny.
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21 December 2011
New compensation limits
The Department for Business, Innovation and Skills (BIS) has set new compensation limits which will come into effect from 1 February 2012.
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15 December 2011
A near miss
It may have gone unnoticed by some in the construction industry, but HMRC very nearly pulled a fast one over the summer........
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12 December 2011
Access to Justice going, going….
Uncertainty over the future of Conditional Fee Agreements (CFAs) and After the Event (ATE) insurance to fund litigation continues with the present Government’s consultation on the civil litigation costs review undertaken by Lord Justice Jackson.
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30 November 2011
When is a conversation ever officially “off the record”?
This article discusses the benefits of Protected Conversions between employer and employee, as advocated by David Cameron, should they become a reality.
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29 November 2011
The “new” Construction Act
The Local Democracy, Economic Development and Construction Act 2009 (LDEDCA) came into force on 1 October 2011 and applies to all construction contracts entered into after that date. John Starr reviews the scope of the new Act.
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24 November 2011
Cautionary Note for Guarantors
To not seek advice is very dangerous for a guarantor as guarantees are highly technical documents and small variations in wording can have dramatic effects.
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24 November 2011
Justifiable doubts and the fair-minded observer
John Starr reviews some recent guidance on the issue of bias in arbitration proceedings. A version of this article has appeared in Property Law Journal, published by Legalease Ltd.
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24 November 2011
Adjudicators’ fees
John Starr reviews a recent case involving the reasonableness of the fees charged. A version of this article has appeared in Property Law Journal, published by Legalease Ltd.
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23 November 2011
STOP PRESS: Radical Review of Employment Law
Vince Cable has today announced what could be described as the biggest reform of employment law for decades.
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08 November 2011
Should I stay or should I go? – Can a dismissal be retracted?
Where an unambiguous written notice of dismissal is given, an employer cannot retract that dismissal, even on the basis that it was premature or a mistake as proven in a recent case.
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28 October 2011
Are you being too restrictive? Going beyond what is necessary to protect legitimate business interests
This article reviews the findings of two recent cases which considered post termination restrictions in employment contracts and highlights the need for careful drafting of such restrictions.
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28 October 2011
Protection from Harassment Act 1997
Initially designed to protect individuals from stalking; the scope of the Protection from Harassment Act 1997 also covers harassment by commercial entities, as this article explains.
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28 October 2011
How many bites at the cherry will the court allow? Discontinuance and dismissal
Discontinuance is governed by Part 38 of the Civil Procedure Rules. This article discusses the importance of understanding the difference between discontinuance and dismissal of a claim.
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26 October 2011
Not a penny more, not a penny less…
Rowan Turrall, Dispute Resolution lawyer, provides an update on a recent change to settlement offers under Part 36 of the Civil Procedure Rules which reverses previous case law.
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26 October 2011
The dangers of rejecting an offer of re-engagement
This article dicusses a case where an employee refuses the offer of an internal transfer to a new role, they fail to mitigate their loss and are not entitled to claim for loss of earnings.
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20 October 2011
Express or Implied? Clarification on implied terms in construction contracts
Insufficient thought is often given to implied terms when parties enter into construction contracts. Parties often neglect the fact that many terms are implied anyway and that some of those implied terms can’t be contracted out of.
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20 October 2011
Comply with statutory obligations or risk losing your commission
A recent case where a property was sold within the period of a sole agency agreement, but through another agency, led to legal proceedings for the sole agent's lost commission. The case highlights the need to provide a clear explanation of the term 'sole agency'.
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19 October 2011
Online accounts and passwords – keep your records safe
In today’s society where a large portion of the population uses online accounts for an array of purposes, it’s important to keep passwords safe but also accessible to the executor of your will.
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19 October 2011
Social media and unfair dismissal
A recent case demonstrates that dismissing an employee for reporting her dissatisfaction with work via Facebook may not be a fair action.
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14 October 2011
Clarity at last on judicial review time limits
The recent case of Macrae v Herefordshire District Council (if it remains un-appealed) brings some certainty for developers regarding time limits for planning applications.
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14 October 2011
Boyes Turner Associate, Katie James, wins Sue Ryder ‘Women of Achievement Award’
Katie James, Associate in the Boyes Turner Corporate Recovery team, is the proud winner of the Sue Ryder Women of Achievement ‘Employee of the Year’ award for the Berkshire region.
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12 October 2011
BT ordered to block Website
In a landmark ruling, the UK’s largest Internet Service Provider (“ISP”) has been ordered by the High Court to block access to a website.
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12 October 2011
ECJ to rule on location of infringement of database rights
The uncertainty surrounding the location of infringement in online publishing cases should soon be clarified by the ECJ following a Court of Appeal case relating to database rights.
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12 October 2011
Newsflash – New law on cookies comes into force
On 26 May 2011 the new EU cookie regulations came into force. The ICO has published guidance on how businesses should implement the regulations and set a one-year deadline for businesses to comply.
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12 October 2011
ICO Launches Data Sharing Code of Practice
In May 2011, the ICO launched a new code of practice, which provides “good practice” advice to businesses relating to the sharing of personal data.
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12 October 2011
Beware the cracks
John Starr reviews a case highlighting the potential for liability both under contract and statue when problems surface in a development.
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11 October 2011
Age Discrimination Trilogy – Part 3
Workplace Discussions: are they discriminatory?
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10 October 2011
Boyes Turner – One of Europe’s most innovative law firms according to the FT
Boyes Turner is marked out by the Financial Times in its annual review of the legal industry as one of Europe’s most strategically innovative law firms.
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06 October 2011
Watering down unfair dismissal rights
The Government announced this week that the unfair dismissal qualifying period is set to increase from one year to two years as of April 2012.
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04 October 2011
Boyes Turner – shortlisted for national litigation award second year in a row
Boyes Turner's Industrial Disease team has been shortlisted in the Claimant Personal Injury Team of the Year category at the prestigious Eclipse Proclaim sponsored - Personal Injury Awards 2011.
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03 October 2011
Boyes Turner conversion to Limited Liability Partnership (LLP)
Boyes Turner has completed its conversion to a Limited Liability Partnership (LLP) and from 1 October 2011 will operate under its new corporate identity Boyes Turner LLP.
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28 September 2011
Commercial Lease Guarantees
New case law questions whether a guarantor of an outgoing tenant remains liable on an assignment to a new incoming tenant and the risk implications for Landlords, as this article examines.
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22 September 2011
Expert shopping
Construction disputes invariably involve a number of third parties; John Starr reviews the courts’ stance on shopping around for an expert.
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22 September 2011
Boyes Turner short-listed for prestigious Law Society Award 2011
Boyes Turner’s business development program has been short-listed for the Law Society’s ‘Excellence in Marketing & Business Development’ award 2011.
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22 September 2011
Managing Disputes: The Role of the Expert
The task of managing disputes is constantly changing and experts are intimately tied up in those changes, as this article examines.
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19 September 2011
A career break is NOT a 'reasonable adjustment'
What constitutes a ‘reasonable adjustment’ can be unclear, as the case of Salford NHS PCT v Smith demonstrates.
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07 September 2011
Are backhanders a thing of the past? Bribery Act kicks into action
The first person to be charged under the new Bribery Act (which came into force on 1 July 2011) will be a Magistrates court clerk
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02 September 2011
Get set, Go – Are you ready for the 2012 Olympics?
With the Olympics under a year away, employers should start thinking about minimising disruption and maintaining productivity levels at their business during this busy time.
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01 September 2011
JCA Coatings Limited completes its series of acquisitions over 2011
During 2011 Boyes Turner acted for JCA Coatings Limited on three separate business acquisitions in the South of England for undisclosed sums.
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17 August 2011
Holiday and Sickness – we’re not quite there yet!
The requirement to pay employees for holiday entitlement accrued during sick leave continues to be an area lacking in clarity, with conflicting decisions from the ECJ and the UK Courts adding to the confusion.
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11 August 2011
I predict a riot… employers prepare!
In light of the shocking riots and looting across the country this week, we advise employers how to deal with employees affected by such disruptive events.
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10 August 2011
Employment status: when is an employee officially self-employed?
The line between being employed and self-employed can be a fine one, as demonstrated in a recent Supreme Court judgment when an individual described in his contract as self-employed was considered to be an employee.
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05 August 2011
Compulsory retirement – the saga continues...
Following a recent ECJ ruling on compulsory retirement in a German legal case, we review the impact this decision may have on UK cases and the factors that justify imposing compulsory retirement on employees.
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01 August 2011
Age Discrimination Trilogy – Part 2
I want to retire but will I be a "good leaver"? What impact will the abolition of the default retirement age have on share option schemes and other long-term incentive plans?
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01 August 2011
Meru Networks UK Limited completes the acquisition of the entire issued share capital of Identity Networks Limited.
Boyes Turner has acted for new client, Meru Networks UK Limited, on its successful acquisition of Manchester-based Identity Networks Limited for an undisclosed sum.
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26 July 2011
The expanding scope of brokers’ duties
Insurance brokers are more than a gateway to insurance companies – the broker has a duty of care to ensure the policy holder understands the need for full and accurate information to be given to the insurer and can be held liable for negligence if the broker fails to properly do its duty.
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22 July 2011
Buy to let off the hook
Valuers take note – the valuer of a buy-to-let property is unlikely to be found liable to the purchaser in negligence where the report is prepared for the lender.
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21 July 2011
Summer Holiday Fun? A guide to Work Experience, summer placements and Internships
With the summer holiday season upon us, employers will be inundated with requests from students wanting the opportunity to gain some valuable work experience. This article explains the legal obligations an employer must comply with when providing these types of placement.
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20 July 2011
Private sewers are going down the drain
Regulatory changes relating to responsibility for drains and sewers will come into force in October 2011. So what are the implications of this change?
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19 July 2011
A view to a kill
Dispute resolvers often give preliminary views when preparing their decision, but an adjudicator can get himself into real trouble if his view is so preliminary that it fails to take into account both sides of the story.
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19 July 2011
UK immigration and employment for Non-EU nationals
New immigration criteria introduced in April 2011 has restricted the number of non-EU immigrants entering the UK workforce. Employers can still recruit non-EU nationals as long as they adhere to the strict application criteria.
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18 July 2011
Cold comfort for change
Although the courts will always do what they can to ensure that justice prevails, they are constrained by the rules of evidence and must apply them fairly and consistently, even if the outcome may sometimes seem harsh.
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15 July 2011
Fight for your right
If an employer is considering asking someone other than their contractor to sort out defects outside the Defects Liability period, or where’s there’s no Defects Liability Period, they should think carefully before doing so if they intend to recover the cost from the contractor. This article explains why.
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15 July 2011
Rupert Murdoch & FIFA media Scandals – impact of the new Bribery Act?
Much speculation surrounds the recent FIFA scandal and what impact the Bribery Act may have had on the corruption allegations (and brought the guilty parties to justice). Similarly, the current Rupert Murdoch and News Corp phone tapping debacle could be subject to legal action under Bribery laws, which only highlights the importance of the Act further.
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14 July 2011
Sellers beware: instructing multiple agents can lead to more than one commission payment
Seller liability to pay more than one commission (where multiple agents are instructed) is ambiguous and often leads to litigation, as demonstrated in the recent case between Glentree Estates Limited v Holbeton Limited (2011).
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14 July 2011
Dispute resolution: Don't overlook the value of restrictive covenants
Restrictive covenants provide valuable protection against misuse of confidential information, as upheld in a recent claim.
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12 July 2011
Free Will and Testament
A recent case in which an adult daughter applied for provision under a will (where none was provided) indicates that a person’s testamentary wishes may not be so final.
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07 July 2011
Age Discrimination Trilogy – Part 1
Retirement & Insured benefits: the abolition of the default retirement age has implications for employees’ insured benefits.
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06 July 2011
Planning changes review: your chance to comment...
The Department for Communities and Local Government (DCLG) is calling for views and feedback on how changes of use in development are currently handled. If changes of use affect you, this is your opportunity to comment.
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05 July 2011
‘Regional Law Firm of the Year 2011’ - UK top three for Boyes Turner
Boyes Turner again demonstrates its regional dominance in the UK Regional Law Firm category, (The Lawyer Magazine’s 2011 awards, the industry equivalent of the ‘Oscars’).
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30 June 2011
Collective Consultation: When is an election essential?
In a recent redundancy tribunal involving collective consulation where the employees selected were not officially elected, we review election requirements under collective redundancy law and under TUPE.
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29 June 2011
Conditional break clause - don't get caught out...
Boyes Turner specialist property lawyer Derek Ching advises on the implications for tenants not adhering to business lease break clauses, as demonstrated in the recent case between NYK Logistics (UK) Limited v Ibrend Estates BV (decided by the Court of Appeal in June 2011).
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21 June 2011
DIY probate runs risk
It is entirely possible to apply for probate and deal with an estate without seeing a lawyer, but it’s not without risks warns legal group, Solicitors for the Elderly (SFE).
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20 June 2011
Reasons to be cheerful…
Lawyers are always banging on about how you should put everything in writing, especially contracts. Write it all down, send it to everyone and keep copies. What’s that all about? Here’s 10 good reasons why…
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07 June 2011
Conditions precedent in commercial contracts
Failure to comply with a condition precedent may preclude a party from exercising rights it might otherwise have had. It is therefore important for parties to understand when they have included a condition precedent in their agreement and to manage the contract to minimise risk.
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07 June 2011
Part 36 settlement offers....again
Practitioners need to remain alert to the technicalities of Part 36 because failure to comply may mean that the advantageous costs consequences of the rule will not automatically follow – a potentially costly mistake.
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07 June 2011
Competition law update
Two recent high profile sets of decisions from the Competition Appeal Tribunal (“CAT”) have highlighted the significant penalties that companies face for breaching competition legislation. The OFT has the power to impose fines of up to 10% of worldwide group turnover for each relevant infringement. Faced with these levels of fines are companies sufficiently aware of the law in this area?
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07 June 2011
Your secret is safe with me…or is it? A brief guide to Norwich Pharmacal orders
The recent proliferation of websites which allow individuals to comment freely and anonymously on all manner of issues are great 'freedom of speech' vehicles - but happens when those comments go beyond what might be considered to be acceptable and stray into the realms of defamation and harassment? and how can wrongdoers be identified? In these situations the court has become increasingly willing to allow the use of what are known as Norwich Pharmacal orders to allow those with a potential claim to track down the author or wrongdoer.
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02 June 2011
The value of an architect
If no fee or means of calculating it has been agreed with an architect in advance, the court has to decide what is reasonable if no agreement between the parties can be reached. A version of this article is due to appear in Property Law Journal, published by Legalease Ltd
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02 June 2011
Wheels of confusion
A possible anomaly in the drafting of the Local Democracy, Economic Development and Construction Act 2009 which is due to come into force on 1 October 2011, has been identified in a recent case in the Scottish Court of Session. A version of this article is due to appear in Property Law Journal, published by Legalease Ltd.
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24 May 2011
The right to broadcast football: 1-0 to the owners of foreign decoder cards
Advocate General Kokott (“AG”) has advised the European Court of Justice (“ECJ”) that she considers it unlawful for football leagues to prohibit the use of imported decoder cards to show foreign coverage of football games. This opinion could alter the way the business of football works and the ability of copyright owners to control the use of content.
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24 May 2011
Does a .com domain name expose a trader to claims abroad?
The European Court of Justice (“ECJ”) has recently looked at the impact of domain names on the issue of jurisdiction and has determined that the use of a .com or .eu domain name can be evidence that a trader is directing its activities outside of its own Member State and can therefore affect where that trader can sue or be sued.
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23 May 2011
Advocate General provides his opinion on Interflora v M&S case
There may be light at the end of the tunnel for trade mark proprietors in the battle against keyword advertising. The Advocate General has now provided the ECJ with his non-binding opinion in the long running case of Interflora v M&S.
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23 May 2011
Formula One loses trade mark battle over F1
The EU General Court recently reached a decision on a trade mark case brought by Formula One Licensing BV.
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17 May 2011
“Modern Workplaces for the Modern Economy” – parental leave, flexible working and more..
This article looks at the government's proposed new system of flexible parental leave which they hope will reflect current and modern notions of parenting and family responsibilities.
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16 May 2011
All decisions now handed down by Competition Appeal Tribunal in construction bid-rigging case
The Competition Appeal Tribunal (“the Tribunal”) has handed down all of the judgments in the appeals against the OFT’s decision regarding bid-rigging in the construction industry.
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12 May 2011
Boyes Turner Innovation Index 2011
The Boyes Turner Innovation Index identifies the investment in research and development by leading companies in the south, and the percentage change over the year, plus the R&D figure expressed as a percentage of turnover for each company. The information for the Boyes Turner Innovation Index has been compiled by DECISION business magazine and is according to the operating costs from the latest audited accounts filed or made available by Friday 18 February 2011.
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12 May 2011
More employment law changes on the horizon…?
If you were about to put your feet up, hoping that you had managed to navigate your way through the numerous legislation changes over the last 12 months, then think again! The government has announced that more may be on the way.
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09 May 2011
The Bribery Act and Corporate Hospitality
After receiving Royal Assent in April last year, the Bribery Act (‘the Act’) is now due to come in to force on 1 July 2011. The law on bribery was formerly based on a somewhat dated statute and common law offences. The objective of the Act, however, is to bring the law in this area into the twenty-first century.
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04 May 2011
Boyes Turner short-listed for ‘Regional Law Firm of the Year 2011’ by The Lawyer
Having been named Regional Law Firm of the Year 2010 at the ‘British Legal Awards’ run by Legal Week last December, Boyes Turner has been short-listed for the Regional Law Firm of the Year 2011 award at the forthcoming ‘Lawyer Awards’.
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04 May 2011
A Social Media cocktail
A cocktail of social media cases and news
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04 May 2011
'Make a Will Fortnight' contact us now for a reduced price will...
Boyes Turner is teaming up with the Duchess of Kent House Charity to support their 'Make a Will Fortnight' fundraising campaign by offering professional standard wills at a greatly reduced price in the form of a charitable donation - first come first served.
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03 May 2011
Draft guidance on Agency Workers Regulations published
Draft guidance on the Agency Workers Regulations 2010 has now been published by the Government. With the final guidance expected to be published towards the end of the month, and the Regulations coming in to effect on 1 October 2011.
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01 May 2011
Boyes Turner advises on sale of Open Systems Management Limited
Boyes Turner has acted for the shareholders of Open Systems Management Limited to Help/Systems International Limited for an undisclosed sum.
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19 April 2011
Employment Appeal Tribunal upholds sex discrimination claim by a male employee
Eversheds Legal Services Ltd v DeBelin - a recent case which highlights the difficult and delicate balance employers face in ensuring they don’t discriminate against pregnant employees or those on maternity leave and not disadvantaging male employees in the process.
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19 April 2011
The Independent Comission Report on UK Banking - 11 April 2011
John Barker - Boyes Turner's Head of Banking & Finance, speaks to LexisNexis Butterworths about the Independent Commission on Banking interim report on its current and provisional views on possible reforms to improve stability and competition in UK banking.
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18 April 2011
A sunny outlook for land owners
The Government’s Annual Energy Statement in July 2010 tried to secure a low carbon affordable energy system in the United Kingdom by introducing a tariff for all electricity generated – and an export tariff for electricity supplied to the grid. This can mean “free” electricity and an income stream for a land owner and has led to a lot of interest in the installation of solar PV panels on rooftops or on land – but what are the advantages?
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17 April 2011
Women – Are we there yet? And what protected group trumps another?
Following the recent Women’s Day last month there has been much debate about the rights of women in the workplace. Does the law go far enough to protect women, or perhaps it goes too far? The answer may simply be: it depends who you talk to.
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05 April 2011
The end of expert immunity
The Supreme Court has now finally brought to an end the age-old rule that expert witnesses were immune from proceedings in negligence in relation to the evidence they gave in court or the views they expressed in anticipation of court proceedings.
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05 April 2011
Top IP lawyer Isabel Davies joins Boyes Turner from CMS Cameron McKenna
Boyes Turner (Regional Law Firm of the Year) has once again demonstrated its success in building the Thames Valley’s outstanding Intellectual Property (IP) practice.
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04 April 2011
Guidance on procedures for relevant commercial organisations under the Bribery Act 2010
Here we look at the new guidance, published last week which largely proceeds on much the same basis as the initial guidance, suggesting a risk assessed approach and offering six principles around which the procedures put in place by commercial organisations should be based.
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03 April 2011
Rights of light shock
The case from 2010 HKRUK v Heaney has caused consternation amongst rights of light surveyors and development lawyers.
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31 March 2011
A jury of one’s peers
A recent case which highlights the need to ensure that professional negligence claims are not only properly detailed, but also supported by written expert evidence from a professional in the same field as the professional whose competence has been called into question. A version of this article has appeared in Property Law Journal, published by Legalease Ltd.
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30 March 2011
“A formal contract will follow”
The Court of Appeal recently considered whether an e-mail exchange, which included the phrase "a formal contract will follow", created a binding contract or not.
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29 March 2011
Guidance published on The Bribery Act 2010
Here we provide initial views on the new guidance published by the UK government today on the Bribery Act 2010. The law goes into force on July 1 2011.
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25 March 2011
The Budget - what you need to know
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25 March 2011
Please support our '3 Peaks Challenge' for cervical cancer charity
In order to raise money for the fabulous Debbie Fund, a team of intrepid walkers from Boyes Turner will be participating in the 3 Peaks Challenge.
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22 March 2011
Clever Companies
By continuing to develop their legacy of knowledge, companies are not only able to keep ahead of the competition and enhance their value, they are helping to create the foundations for an intelligence-based economy. But it's not just their technical advantage which gives them the edge. It's how they deliver it, as a report commissioned by Boyes Turner reveals. Included are interviews with Martin Leuw (CEO, IRIS Software), Chris Dodson (Chairman, Torftech), Gamil Magal (CEO, Magal Engineering), Steve Alderson (MD, Cognito), Alf Pilgrim (CTO, Clearswift), Christian Martin (Chairman, QA-IQ Group), Mal McHutchison (Director, Talaris), and Christopher Bailey (MD, Roxton Bailey Robinson Worldwide).
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22 March 2011
£100k compensation awarded to neighbour following prolonged building works
In the recent case of Jones and another –v- Ruth and another, the Technology and Construction Court decided that a builder who’d taken over four years to renovate a terraced house had taken so long that he’d caused a nuisance to neighbouring occupiers.
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21 March 2011
Office of the Public Guardian announces "Fees 2011/2012” consultation
The OPG has announced a new consultation paper which aims to ensure that their fees remain fair, equitable and proportionate to the services that they offer.
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21 March 2011
The blurred lines of privacy
The employment tribunal case of Gosden v Lifeline Project Ltd is an interesting case which highlights the importance of having appropriate IT and Electronic Communications policies and tension that can exist between employers and employees and the use of social media outside work.
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14 March 2011
STOP PRESS – OFT FINES SLASHED!
On Friday 11 March 2011, the Competition Appeal Tribunal (CAT) handed down judgment in six of the appeals against the fines imposed by the OFT in the Construction Bid Rigging cases. Although this leaves the results of nineteen of the appeals still to be handed down, the initial six decisions are great news for the construction industry.
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14 March 2011
Mediation - Lost opportunities
In a recent case it was reiterated that the conduct of parties during litigation, and in particular a refusal to mediate, will have a significant impact on the costs award at the end of a case. A version of this article has appeared in Property Law Journal, published by Legalease Ltd.
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07 March 2011
Are you ready for the Agency Workers Regulations?
The Regulations come into force on 1 October 2011 and will mean that agency workers will get the right to the same basic working and employment conditions as those in the equivalent permanent roles.
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07 March 2011
The Rise of Social Media
A recent judgment of a Viennese court published on YouTube propels the use of social media to new heights. Facebooking, tweeting and blogging are no longer just the tools for the young adolescent or the techie nerd. These days if you aren’t working in “real time”… you’re out of time!
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07 March 2011
Correction of the Regulations for the abolition of DRA
Following the unexpected confusion over the transitional provisions for the repeal of the default retirement age, a second set of draft Regulations have now been issued which correct the drafting errors in the original set of Regulations.
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03 March 2011
Lease Termination Chaos - lucky escape by tenant
Lessons can be learned from this recent case in which the tenant exposed itself to the possibility of remaining liable for rent for a further five years (total £200k) and in any event involved itself in substantial litigation which ended up in the High Court with all its attendant costs and management time.
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03 March 2011
Stamp Duty Land Tax (SDLT) Avoidance Schemes
HM Revenue and Customs (HMRC) has recently issued a statement with regard to SDLT Avoidance Schemes.
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01 March 2011
Boyes Turner advises on the acquisition of Digivate Limited
Boyes Turner has acted for Just Data Systems on the acquisition of Covent-Garden based digital marketing agency, Digivate Limited for an undisclosed sum.
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28 February 2011
Doom and Gloom News
There are always advantages and disadvantages of each method cost cutting, as there will be numerous legal and commercial implications of each. Employers should consider what is best for their business and make decisions accordingly.
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28 February 2011
Rates liability for empty buildings – the net widens
Despite vigorous campaigning against the move by industry groups the Government is apparently pressing ahead with plans to reduce the exemptions from non domestic rates applicable to empty non-domestic properties.
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22 February 2011
ICO dishes out its first fines
The Information Commissioner's Office (ICO) was recently given new powers to issue fines of up to £500,000 for “knowing” or “reckless” breaches of the Data Protection Act.
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22 February 2011
A perpetual software licence that is not forever
Whilst the word “perpetual” is generally thought to mean “never-ending” or “forever”, a High Court decision serves as a warning to software licensees that a ‘perpetual’ licence may not be as it seems and may in fact still be subject to rights of termination.
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22 February 2011
Keeping your business confidential: the importance of Non Disclosure Agreements (NDAs)
Here we look at the right way to use NDAs to ensure your confidential information is protected effectively.
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22 February 2011
Liquidated Damages
In a recent case the court ruled that the liquidated damages clause in a dispute which provided for payment of 20 per cent of the contract price was commercially justifiable and not a deterrent to termination; and that in commercial contracts what the parties freely agreed to could be upheld.
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22 February 2011
Can you rely on legal professional privilege?
In-house lawyers should exercise caution in the dissemination of their communications within a company and, particularly if an investigation is pending or underway, should consider providing advice orally or engage independent external lawyers at the earliest opportunity if written advice is required.
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22 February 2011
Empty property rates relief
Landlords struggling to find tenants for their empty properties have now been dealt a further blow, with the government’s recent announcement of a dramatic cut in the threshold for empty property rates relief.
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18 February 2011
News on the Abolition of the Default Retirement Age & Time off for Training
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17 February 2011
A professional foul
The breach of a professional person’s obligations to his client is habitually referred to as professional negligence. Allegations of professional negligence are, by their very nature, a serious matter and have to be properly pleaded. A version of this article has appeared in Property Law Journal, published by Legalease Ltd
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17 February 2011
When should a Lasting Power of Attorney (LPA) be registered?
An LPA allows people to appoint a trustworthy person or persons to manage their financial affairs or health and welfare matters. It is not valid until it has been correctly completed, signed and stamped ‘VALIDATED–OPG’ by the Office of the Public Guardian (OPG). It can take several months from sending the LPA to the OPG and receiving it back duly validated.
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17 February 2011
Banks and Powers of Attorney - what you need to know
An article in the Sunday Telegraph on 6 February 2011 highlighted problems faced with powers of attorney once they need to be used. So, how can you avoid these problems?
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17 February 2011
Limitation of liability
In the current economic climate, some in the industry have been heard to voice the opinion that the only clause worth having in a contract is one that limits your liability. “No-one’s operating the contractual payment mechanisms anymore”, they say. “Cash is king and pay-when-paid is alive and well”. This may not be everyone’s experience, but the advice to limit liability is nevertheless good advice - however, as a recent case demonstrates, you need to be careful as to how you go about it.
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17 February 2011
Industrial Disease lawyers from Boyes Turner take on the Reading Half Marathon for the Mick Knighton Mesothelioma Research Fund
Staff from Boyes Turner’s Industrial Disease group have donned their lycra in order to raise awareness and funds for people affected by Mesothelioma; a rare incurable type of cancer almost always caused by exposure to asbestos. The team of seven runners, headed by Partner, Helen Childs, will be running the Reading Half Marathon for The Mick Knighton Mesothelioma Research Fund (MKMRF).
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15 February 2011
More Mediation please…
More and more employers are turning to alternative methods of dispute resolution in the workplace in an attempt to avoid costly and lengthy Tribunal proceedings.
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14 February 2011
Bribery Act delayed!
It has been confirmed that the Bribery Act will not be implemented in April as intended.
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10 February 2011
Anne Diamond talks to Boyes Turner's experts about the importance of making a will
Caroline Wallis and Julia Appleton were guests on the Anne Diamond show on BBC Radio Berkshire on 7th Feb 2011 to discuss the importance of why people should make wills and the consequences of not having one.
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08 February 2011
An unfair outcome maybe, but a fair dismissal!
In the current climate, where many employers argue that the law is weighted in favour of the employee, a decision in a recent case illustrates that despite the apparent unfairness of the outcome, a Tribunal will always follow the law to the letter and an employer will have acted fairly if due process and procedure is followed.
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05 February 2011
Breaking Free
The break clause, a relatively rare item ten or so years ago, is now becoming even more significant in these troubled economic times, with many tenants looking to get out of their leases as a way of cutting costs.
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02 February 2011
Access to justice - what price now?
Any decision as to whether it is financially justifiable to pursue or defend Court proceedings requires careful analysis of several factors. Two of the more important ones are the chances of winning, and the costs involved in getting to trial.
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02 February 2011
Electronic Disclosure Update
In this article we consider the steps that organisations will need to take to avoid falling foul of the electronic disclosure requirements of the Civil Procedure Rules.
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02 February 2011
Admissibility of without prejudice negotiations as an aid to construction
This article looks at a recent case which considered the application of the 'without prejudice' rule to the interpretation of a settlement agreement
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02 February 2011
Costs sanctions for refusal to mediate
In his recent report on costs Lord Justice Jackson highlighted that alternative dispute resolution (“ADR”) is under used and that more could be done to encourage mediation, such as costs sanctions which penalise parties who have unreasonably refused to mediate.
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02 February 2011
Update on Part 36 of the Civil Procedure Rules
Recent case law suggests that interpretation of Part 36 of the Civil Procedure Rules is still causing difficulties for practitioners and mistakes are still being made in drafting and dealing with offers. A number of amendments have been made to the rule in the last few years and it is vital that those making offers understand the requirements of making and withdrawing offers.
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01 February 2011
The Bribery Act 2010 - Latest Developments
Yesterday a Ministry of Justice spokesman confirmed that the implementation of the Bribery Act would be delayed.
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01 February 2011
Is it a penalty? Is it a liquidated damages clause? No, it’s “commercially justifiable”
A recent case demonstrates that even where a liquidated damages clause is not based on a genuine pre-estimate of loss, it may not be deemed a penalty and may well be enforceable if the court considers it to be commercially justifiable.
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01 February 2011
Boyes Turner advises on the sale of Castlefort Properties Limited
Boyes Turner has acted for the individual shareholders of Castlefort Properties Limited in relation to the sale of their shares to the Bloor Homes group of for an undisclosed sum.
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28 January 2011
Radical tribunal reforms on the horizon
The Government has launched a consultation on proposals to shake up and reform the current Tribunal system. The plans aim to tackle the increasing number of Employment Tribunal claims against employers and lift the burden of red tape on the private sector, struggling in the current economic climate.
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27 January 2011
Pitfalls in Unilateral Planning Agreements
As obtaining planning permission becomes more difficult developers will have had substantial experience of entering into unilateral planning obligations with local authorities on appeal following a refusal of consent by the local authority.
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27 January 2011
The Bribery Act 2010 – Are you ready?
January 2011 update
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26 January 2011
A concurrent duty of care for economic loss?
An update on the case of Mr J A Robinson –v- P E Jones (Contractors) Limited which recently came before the Court of Appeal to re-examine whether, in a contract claim, there was a concurrent duty of care in tort for economic loss and if so, whether one of the parties could exclude it by the use of wording in the contract.
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24 January 2011
Abolition of default retirement age
The default retirement age is being abolished on 30 September 2011 with transitional provisions taking effect from 1 April. This represents challenges for you as an employer going forward which we can offer advice and assistance with.
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22 January 2011
Residential service charge consultation
The Landlord and Tenant Act 1985 sets a number of procedural hoops through which a landlord must jump in order to recover the cost of major works from his tenants, and if he fails to follow the correct procedure he could find himself having to foot a large part of the bill himself.
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21 January 2011
Shared Parenting – the future of family friendly rights?
Nick Clegg this week announced the Government’s intentions to revamp and reshape the current paternity leave available to fathers and provide more flexibility to parents in how they manage the care of their children. What can employers expect in the future, and what family friendly changes are in the pipeline for April?
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18 January 2011
Second bite of the cherry for estate agents?
In 2008 the Court of Appeal case of Foxtons Limited v Pelkey Bicknell & Anr found that to be entitled to commission estate agents must show that they introduced the purchaser to the purchase and not merely to the property. A recent case has now given agents a “second bite of the cherry” by seeking an alternative claim for damages for breach of contract.
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17 January 2011
Seasonal Flu – What to do?
As levels of swine flu continue to increase, employers should plan ahead in an attempt to minimise adverse affects to the business.
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14 January 2011
STOP PRESS: The end of the default retirement age...
The Government has now announced the results of its consultation on phasing out and abolishing the default retirement age (DRA) with regulations due to come out in April. The results are unsurprising and, as predicted, we are soon to see the end of the DRA. So what does this mean for employers and what should you be doing now in readiness for these changes?
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13 January 2011
It makes sense to make a will
A new six part series “Can’t take it with you” starts on Friday 14 January on BBC 2 at 9pm and reveals the moving human stories of the effect on bereaved families of not having a will and the rifts caused which can tear families apart.
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10 January 2011
Minimum wage and “on call” time
The Employment Appeal Tribunal (EAT) has held that the only “on call” hours for which an employee is entitled to be paid the minimum wage are those hours during which he is awake and available for work. What are employees entitled to and what does this mean for employers?
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04 January 2011
Employment law - changes to come for 2011
2011 looks set to be another bumper year for employment legislation. Our Employment group take a look at the key changes to employment law that could affect your organisation in 2011.
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21 December 2010
Be careful what you promise under the mistletoe – a tale of Christmas past
‘Tis the season to be merry and, in true Christmas style, over indulge yourself on food, drink and holiday festivities. However, employers should be careful not to throw all caution to the wind and take note of a cautionary tale of Christmas past…
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21 December 2010
Decisions, decisions.....
An adjudicator’s decision is binding, at least until it ends up in Court or in front of an arbitrator. That means that you can’t refer the same dispute to another adjudicator if it’s already been decided. The second adjudicator would be bound by the decision of the first and would have no jurisdiction to decide the same thing all over again. To suggest otherwise would be madness…wouldn’t it? Well, it depends what you mean by a decision.
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20 December 2010
That's the way (not) to do it
We all have bad days, when things don’t seem to go right, and often the mere fact of having a bad day can make things turn out worse than they might otherwise have done. We may be inclined to make poor decisions. However, few of us have managed to dig ourselves quite as deep as the unfortunate contractor, Mr Van Heiden.
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20 December 2010
Common Land - Help at Hand?
A recent case affecting land in Weymouth, Dorset may help considerably where farmers, other landowners or developers have land which may be suitable for development in the medium term but which has been wrongfully used by local people as an amenity space for many years.
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15 December 2010
BRIBERY ACT 2010 - What amounts to adequate procedures?
In the third of our series of monthly updates on the Bribery Act we look at what constitutes 'adequate procedures', the existence of which is the only defence available to commercial organisations in response to the offence of failing to prevent bribery.
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14 December 2010
Short domains up for grabs
Since Nominet’s establishment, there has been a restriction on registering short domain names (e.g. two letter and single character domain names). However, Nominet is now to make a number of short domain names available for registration. This is an opportunity for rights owners to get hold of catchy one and two letter domains which were previously unavailable.
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14 December 2010
Snow chaos - handling employee absence in bad weather
In the last few weeks, snow and ice have continued to disrupt travel and work across the UK. Recent research has shown that one day of bad weather related absenteeism is likely to cost the UK economy £230 million. With the freezing weather set to continue, employers should consider putting an adverse or bad weather policy in place. Read our article for more information.
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14 December 2010
Revamp of the Patents County Court litigation rules and procedures
The Patents County Court (PCC) was established by Parliament in 1990 and deals with intellectual property disputes. In June 2009, a working group of the Intellectual Property Court Users’ Committee (the Working Group) published a consultation paper setting out proposals to reform the PCC. The new procedures came into force on 1 October 2010.
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14 December 2010
UK Intellectual Property Office floored by DDoS attack
On Saturday 16 October, the UK Intellectual Property Office’s website was subjected to a co-ordinated Distributed Denial of Service (DDoS) attack. The attack obstructed access to its website and for several days only a limited online service was available and customers were unable to file online patent or trade mark applications.
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14 December 2010
Henry the hoover cleans up in a passing-off action
Numatic (the manufacturer of the well-known “Henry” vacuum cleaner) has won a claim for passing off against a competitor who was set to launch a new vacuum cleaner in the UK. The case highlights how passing-off can be extended to protect the shape of a functional product.
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14 December 2010
Recalculation of UK trade mark opposition deadlines
Following the issue of a Tribunal Practice Notice by the UK Intellectual Property Office on 30 September, opposition deadlines will now fall a day ahead of that previously advised. Read our article for more information.
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14 December 2010
No trade mark protection for lego brick
The European Court of Justice (“ECJ”) has recently ruled that the three dimensional shape of the lego brick is not registrable as a trade mark. Whilst trade mark law may not offer protection for shapes, there are other forms of protection such as patent and design right protection. Read our article for more details.
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14 December 2010
Infringement of the London Olympics Association Right – the New Regulations
The Olympic rings are amongst the most recognised symbol in the World. It is therefore crucial that the International Olympic Committee (IOC) and its national representatives, the London Organising Committee of the Games and Paralympic Games (LOCOG) defend their intellectual property rights against unauthorised use. If you are planning any Olympic Games-related activities or promotions make sure you are not infringing any intellectual property rights.
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12 December 2010
Retention of Title clauses – are they effective?
This article looks at a recent case which emphasises the need for suppliers to ensure consistency between the terms of any agreement and any Retention of Title clauses that they may later wish to rely on.
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12 December 2010
Landlord’s intention to redevelop – don’t be economical with the truth!
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09 December 2010
Boyes Turner - Regional Law Firm of the Year
Boyes Turner is pleased to announce that it won the highly prestigious Regional Law Firm of the Year award at the British Legal Awards, sponsored by Legal Week on 2 December 2010.
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09 December 2010
Skilled migration cap announced
The Home Secretary recently announced significant changes to the UK immigration system which will come into effect in April 2011. What will these changes mean for employers?
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08 December 2010
79% of employers do not have a social networking policy!
With over 28 million Facebook users and rising in the UK alone, employers need to understand the implications of social networking for their organisations.
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01 December 2010
Royal wedding - extra holiday for all?
Prince William and Kate Middleton will marry on 29 April 2011. This day has been declared a public holiday. How will the extra bank holiday affect you as employers and what are your employees entitled to?
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24 November 2010
Justifying discrimination on the basis of cost alone?
At present, an employer seeking to justify a discriminatory provision, criterion or practice (“PCP”) cannot rely solely on considerations of cost. However, this orthodoxy has been questioned in the recent case of Woodcock v Cumbria Primary Care Trust [2010].
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23 November 2010
BRIBERY ACT 2010 – the Offences
The Bribery Act 2010 has caused a stir. Not only does it impose more severe penalties than is presently the case, but the creation of the new corporate offence of failure to prevent bribery means that commercial organisations now need to be aware of the actions of all people associated with the organisation to prevent being prosecuted under the Act.
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23 November 2010
Laurie Anstis appointed as part-time employment judge
Boyes Turner is delighted to announce that Laurie Anstis has been appointed as a part-time employment judge.
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23 November 2010
Serial claimants at risk of paying costs
The EAT has emphasised that the purpose of the age regulations is not to provide income for people who complain of discriminatory job adverts for which they have no wish to apply, and that anyone who does try to exploit the regulations in this way is liable for costs.
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16 November 2010
Tribunal recommends letter of apology for victimisation
Following the implementation of the Equality Act 2010, tribunals now have wider powers to make recommendations in discrimination cases that benefit the entire workforce as well as the individual concerned.
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12 November 2010
Construction companies by-pass administrators to pick up unfinished contracts
Since Rok entered administration, construction companies have been approaching their customers directly to take on the collapsed company’s work rather than deal with administrator.
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10 November 2010
Changes to the TCC Guide
John Starr explores amendments made to the TCC Guide as of 1 October 2010. Some of the modifications to the TCC Guide may have wide-ranging effects on the way in which cases are conducted in the TCC, and practitioners should familiarise themselves with the full extent of the changes that have been made.
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09 November 2010
Practical completion – the great divide
The concept of practical completion is much spoken about, but what does it actually mean?
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09 November 2010
The Consumer Credit Directive – does it affect you?
On 11 June 2010 the Consumer Credit Directive was implemented into the UK, bringing changes to UK Consumer Credit Law which will affect all lenders and “credit intermediaries” such as retailers or brokers, with full compliance expected to be achieved by 1 February 2011.
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09 November 2010
Will the ICO be coming after your business?
Businesses must ensure that systems, procedures and governance are in place in the event that a complaint is made to the ICO and your company becomes the subject of an ICO investigation.
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09 November 2010
Website content and social media now caught under the CAP code
From March 2011 adverts and marketing communications that appear on a company’s own website or on free services such as Facebook and Twitter face regulation under the Advertising Standards Authority’s CAP code. What has changed and what do you need to do?
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08 November 2010
Proposal to increase unfair dismissal qualifying period to two years
Lord Young has confirmed that the Government are considering plans to increase the qualifying period for unfair dismissal claims, from one year to two years. What will be the impact for employers?
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03 November 2010
Caroline Wallis - Leading Individual
Caroline Wallis, head of the Private Client practice at Boyes Turner has been recognised as a Leading Individual in her field by the legal industry's leading directory.
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03 November 2010
Is your brand safe in cyberspace?
Intellectual property rights owners and the courts are struggling to keep up with the pace of technology, but in the light of recent cases against eBay and Google, the way in which intellectual property law applies to the internet is becoming clearer.
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01 November 2010
New health and safety proposals
Lord Young has published his report “Common sense, common safety”, which outlines recommendations which he believes will improve health and safety procedures in workplaces. The reforms are aimed at returning workplaces to common sense safety.
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24 October 2010
ECJ case justifies compulsory retirement
By 1 October 2011, the default retirement age and statutory retirement procedures will be abolished, leaving UK employers without retirement as a statutory option of dismissal. This case could be helpful for employers who plan to retain a contractual compulsory retirement age.
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20 October 2010
Councils urged to move forward to meet housing demand
Since Regional Spacial Strategies have been abolished the responsibility for delivering new houses has passed to local councils - but will they comply with their duties to make plans and provide sites? Property lawyer Peter Daniel looks at the situation in more detail.
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19 October 2010
BRIBERY ACT 2010 - An Outline
The Bribery Act received Royal Assent in April this year and is due to come into force in April 2011. The Act consolidates and modernises previous UK anti-corruption legislation applying to both public and private sectors in the UK.
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17 October 2010
Avoiding claims of work-related stress
Work related stress is a costly problem for employers. Recent research shows that 31 per cent of women and 24 per cent of men suffer stress due to a work related problem.
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17 October 2010
Constructing a Resolution
Procedures to resolve disputes without recourse to the courts are always commendable. John Starr explores one option used in the construction industry
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17 October 2010
A timely reminder
A case involving the interpretation of an interim payment provision serves as a warning to parties to ensure that amendments are properly incorporated into the contract, says John Starr
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13 October 2010
Challenging times ahead
John Starr examines the issues surrounding a challenge to an adjudicator’s jurisdiction
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13 October 2010
Late delivery of Adjudicator's decision rendered it 'unenforceable'
In the current climate when courts are generally unwilling to interfere with adjudicators’ decisions - except in the most obvious cases of lack of jurisdiction or breach of natural justice- the occasional surprise decision crops up.
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12 October 2010
Costs recovery against tenants
Before embarking on legal action against a difficult tenant, landlords will often be keen to know whether they will be able to recover the costs involved from that tenant.
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11 October 2010
School holidays do count!
In a recent unfair dismissal claim, the EAT found that an employee can be considered to have had one year’s continuous employment even if they have had more than one contract with an intervening period.
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07 October 2010
Boyes Turner welcomes one of the Thames Valley’s most influential business leaders
Boyes Turner is delighted to announce that Ian Smith, formerly the senior partner at PricewaterhouseCoopers’ (PwC) Reading office, will be working with the firm in an advisory capacity, as of October 2010.
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04 October 2010
October 2010 Employment Law Changes
The government is aiming to only bring in changes to employment law twice a year, in April and October. Here we look at the changes which came into force on 1 October 2010.
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23 September 2010
Employer's failure to state reason for dismissal in clear terms leads to a finding of unfair dismissal
The real reasons for disciplinary action and dismissal should be clearly set out in any letters inviting an employee to disciplinary proceedings. Failure to do so may result in a fair dismissal being found to be unfair.
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20 September 2010
When reaching a decision to dismiss, employers can rely on previous conduct - even if no formal warning was given
Employers may take into account a previous warning for a similar incident (even if no formal warning was given) when considering a disciplinary warning or dismissal BUT only where the employee’s current act of misconduct is sufficiently serious so as to constitute gross misconduct.
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16 September 2010
Is the UK’s immigration problem really improving?
On the face of it, the latest immigration statistics published by the Home Office suggest that the points based system introduced in 2008 is achieving its objective, but is this really the case? and what is the impact on employers?
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14 September 2010
New Online Privacy Guidelines
The Information Commissioner’s Office has issued a new code of practice (Code) for gathering personal information online together with additional material aimed specifically at SMEs and individual users of online services.
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14 September 2010
Are Goodwill Payments Recoverable?
The Court of Appeal has upheld a High Court decision that goodwill payments (also known as “ex-gratia” payments) were a direct loss and were therefore recoverable.
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14 September 2010
Copyright Protection for Software
The English High Court has referred to the European Court of Justice (“ECJ”) several fundamental questions about the extent of copyright protection and copyright infringement in software.
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14 September 2010
Can the economic crisis get you out of a contract?
In a recent case, the commercial court ruled that a dramatic change in the economy did not amount to a force majeure event.
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13 September 2010
Tribunal Claims rise by 56%
Statistics published by the Employment Tribunals Service for 2009 -10 reveal a huge increase in the number of claims lodged with employment tribunals. In this article we set out some of the statistics.
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13 September 2010
Time to Borrow?
John Barker, Boyes Turner’s head of Banking & Finance comments on the current economic situation.
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09 September 2010
Boyes Turner hires Pitmans’ head of Intellectual Property
Boyes Turner has significantly boosted its commercial & technology practice with the appointment of leading Intellectual Property partner Sarah Hadland from Pitmans.
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05 September 2010
Do Employment Tribunals take into account an employer's ability to pay damages?
The compensatory award in a Tribunal for unfair dismissal is limited to £65,300. For many smaller employers this may be the difference between the business continuing or becoming insolvent.
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05 September 2010
Assured Shorthold Tenancy threshold changes
New legislation comes into force on 1 October 2010 which will increase the rent threshold for Assured Shorthold Tenancies (ASTs) from £25,000 a year to £100,000. What will this change mean for private residential landlords and their tenants?
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01 September 2010
The Equality Act 2010 - Where are we now?
After much speculation, the Government will be bringing The Equality Act 2010 into force - albeit with some changes to public sector responsibilities which are currently the subject of consultation.
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24 August 2010
When is a disability a "disability"?
A former police officer who claimed she was bullied by force bosses after being diagnosed with a voice condition has lost her claim for disability discrimination.
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16 August 2010
How an employer defeated a claim for holiday pay by a worker on long-term sick leave
An Employment Tribunal has dismissed a claim for holiday pay by a worker who had been on long-term sick leave on the grounds that the claim was out of time.
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11 August 2010
Boyes Turner advises Culligan Acquisition UK Limited on sale of subsidiary
Boyes Turner has advised Culligan Acquisition UK Limited on the sale of the entire issued share capital of Culligan International (UK) Limited
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09 August 2010
Beware bogus will writers
Old and vulnerable people are being targeted by unscrupulous will writers who are charging sky-high fees to write wills that are often not legally binding. In some cases entire legacies have been stolen from beneficiaries by rogue will writing firms.
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09 August 2010
Will Writers - The Final Rip Off
The Panorama Programme “Wills-The Final Rip Off?” which was broadcast on BBC last night graphically illustrated the risk of using unqualified and unregulated will writing firms for will and probate services.
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09 August 2010
CVA’s and Guarantee Stripping – Good News for Landlords
This recent case illustrates that insolvency practitioners should be wary of structuring CVA’s in ways which unreasonably overlook the interests of landlords.
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08 August 2010
‘Unreasonable’ whistleblower ordered to pay half of former employer's costs
An Exeter Employment Tribunal has awarded a whistle-blowing employee £990 in compensation; however, the employee was also ordered to pay £2.5k towards his former employer’s costs as a result of his ‘unreasonable’ behaviour.
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04 August 2010
"Stigma Damages” awarded in an unfair dismissal case
The Employment Appeal Tribunal (EAT) has given guidance as to when “stigma damages” may be awarded to a claimant where their dismissal has made it difficult for them to find another job.
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02 August 2010
And another thing…
The Limitation Act 1980 gives very precise time limits for bringing actions in contract and in negligence (usually 6 years), but what does it mean to “bring an action”?
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28 July 2010
STOP PRESS - Government plans to scrap default retirement age
There are reports today that the Government plans to abolish (from October 2011) the right of an employer to compel an employee to retire at 65. What does a change in default retirement age mean for employers?
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26 July 2010
Could this be the end of additional paternity leave before it starts?
New legislation introducing additional paternity leave which came into force on 6 April 2010 could now be shelved by the Government, MP suggests.
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24 July 2010
Usual or last known residence
When the need to determine usual or last known residence arises for the purposes of service of proceedings, the courts will assess a number of factors placing particular significance on whether an individual’s use of a property is like that of a home or more like that of a hotel.
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19 July 2010
Tribunal statistics published: employers beware!
The Tribunals Service has published its annual statistics for 2009/10. The report includes statistics on Employment Tribunal claims in England and Wales for the period 1 April 2009 to 31 March 2010. Here we discuss the report's findings and how they impact upon employers.
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18 July 2010
Government announces cap on non-EU migrant workers
The new Government has committed to tightening immigration control and imposing a cap on the number of migrants entering Britain from outside the EU. What does this mean for employers?
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13 July 2010
Some clarity on the ‘endeavours clause’
With a spectrum of endeavours clauses that can be used in construction contracts, how do you know what level of action each requires?
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12 July 2010
All reasonable but commercially prudent endeavors
Despite the fact that they’re widely used, there’s always been some uncertainty as to the degree of action each different 'endeavors clause' requires in a contractual agreement.
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11 July 2010
Sacking over 'excessive' internet use held to be unfair
In this article we consider the use of evidence and investigations in a disciplinary process and ways employers can enforce their email and internet policies.
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08 July 2010
A brief case law update
Recent case law confirms that, to be a “construction contract”, all contract terms must be in writing, provides guidance on the construction of a condition precedent, considers whether time was of the essence in a payment provision, and rules on the validity of notification of an intention to refer to arbitration.
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06 July 2010
First refusal
When is it unreasonable for a creditor to refuse an offer to secure debt? A recent case provides helpful guidance for both debtors and creditors, says Kathryn James.
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05 July 2010
Time to set off
Can an employer exercise a right of set-off over monies due to a contractor?
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05 July 2010
Boyes Turner scoops second place for coveted National/Regional Law Firm of the Year award
The Lawyer Awards which took place on 22 June are widely regarded as the 'Oscars' of the legal industry and have long been recognised as the profession's premier showcase.
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04 July 2010
Sorry, my mistake...
What if your contract is wrong? What if it doesn’t reflect what you agreed? What if it contains a mistake?
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28 June 2010
Inflating redundancy score of female employee on maternity leave found to be sex discrimination against male colleague
This article reviews an important recent sex discrimination case and looks at the selection criteria that employers should use during a redundancy exercise as well as how they should treat employees who are pregnant or on maternity leave in such circumstances.
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27 June 2010
Completion or Bust
In these uncertain times, John Starr looks at how to spot when an employer or contractor is about to go belly-up, how the contractual framework can protect your position and establishing the right to terminate.
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27 June 2010
Standard Conditions of Sale - rules on sub-sales confirmed
The recent High Court case of Pittack v Naviede (June 2010) highlights a small but significant difference in the two sets of conditions of sale.
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14 June 2010
The importance of investigations and appeals
Employers often find themselves in a difficult position when it comes to a disciplinary investigation. It is vital at the start of any investigation process to be clear on what and how serious the allegations are and decide an appropriate investigation process.
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10 June 2010
Absence and Workplace Health Survey 2010 published
Here we explore the results of the 2010 Workplace Health Survey published by the CBI and Pfizer. The survey covers absence data from 241 respondents in the 12-month period from January to December 2009. The respondents employ between them over 1.28 million people from a range of different sized businesses and industries.
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08 June 2010
Judicial Review - Promptness
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01 June 2010
Taking action counts!
A bank manager who accused her employer of failing to take seriously her complaints of harassment lost her claim for constructive dismissal.
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01 June 2010
Boyes Turner advises on the creation of the Bikelab Group of Companies
Boyes Turner assists long-standing client, Dave Hayward, on the creation of the Bikelab group of companies and opening of flagship store in Richmond, London.
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27 May 2010
Property company avoids VAT disaster
In a case from Northern Ireland, which was heard in December but only recently reported, a small SPV property company had, what appears to be, a very lucky escape from a disastrous charge to VAT.
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26 May 2010
Adjudication rights under The Construction Act - its all or nothing
The Construction Act, which gives the parties to a construction contract the right to adjudicate their disputes, specifically excludes certain construction operations. But what happens if part of a dispute relates to excluded operations and part of it doesn’t?
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26 May 2010
Unreasonable Creditors
The Court cannot make an order for the bankruptcy of an individual or the winding up of a company if the debt on which the petition is founded has been paid or secured between the presentation of the petition and the first hearing. But, asks Katie James, what happens when an offer to secure the debt has been made but such an offer has been refused?
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24 May 2010
The premature death of the costs allocation (or “Tolent”) clause
John Starr discusses recent decisions which show that we’ve probably seen the last of the Tolent clause, about a year ahead of schedule.
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23 May 2010
Age Discrimination - the true cost of an off the cuff remark
A woman in an age discrimination case has now been awarded nearly £190k after a manager made an “off the cuff remark”
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17 May 2010
Equal Pay - a heavy price to pay for inequality
More than 4,000 female council workers have won the right to be paid the same as their male colleagues in a case which could lead to payouts worth up to £200m.
Read

12 May 2010
Nine reasons why it makes sense to make a will
Boyes Turner's wealth protection expert Caroline Wallis explains why it is so important to make a will, especially in today's world.
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11 May 2010
Homemade Wills are not worth the risk
Homemade Wills usually cause more problems than they solve, an in many cases they are not even valid.
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09 May 2010
What to do when the Police come knocking?
When an employee is facing both a criminal investigation and an internal disciplinary hearing, the employer has a wide discretion whether to continue with its process or postpone.
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09 May 2010
You can’t always get what you want
Anyone considering going to adjudication needs to be careful not to try to be too clever when it comes to defining the ambit of the dispute.
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09 May 2010
A lot of effort, but little to show for it
Construction legislation is set to change next year subject to a change of government. An underwhelmed John Starr discusses the revisions. (published in Estates Gazette, 27 March 2010)
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06 May 2010
Lasting Powers of Attorney - how to keep control
Boyes Turner's LPA expert Ruth Meyer explains why you should have one, what is involved in setting one up, and how a specialist lawyer can help you navigate your way through the paperwork, advise you on the application and allow you the time to concentrate on your family member’s welfare.
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06 May 2010
Disability Discrimination - A reasonable adjustment?
Whilst employers must make reasonable adjustments where a person has a disability, can the same be said where a person does not currently display any symptoms but could do in the future?
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03 May 2010
Consumer Code for Home Builders: A Summary
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29 April 2010
Jail sentence for woman who lied on CV
Plymouth Magistrates’ Court hand down prison sentence to woman who falsified her application form for a NHS administrator role.
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25 April 2010
The Bribery Act 2010
Businesses can now be prosecuted if their employees, agents or even joint-venture partners give bribes, even though this was done without their knowledge or approval.
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21 April 2010
What to do when employees are stranded abroad
If employees cannot get into work because of travel disruption, what if anything, can employers do? What steps can employers take to minimise disruption to their workforce?
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14 April 2010
Dismissing after abandoning informal action is unfair - says Court of Appeal
The Court of Appeal confirms that a dismissal is unfair where minor offences are dealt with through an informal misconduct procedure, and an employee is subsequently dismissed for them.
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12 April 2010
Prepare to face the consequences
A recent High Court decision demonstrates the danger of relying on general exclusion clauses against loss.
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12 April 2010
Google AdWords: advertisers may be liable
The ECJ has ruled that Google’s AdWord tool does not infringe the trade mark rights of brand owners, however, in some instances advertisers who buy keywords could be liable to brand owners.
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12 April 2010
AUDI finally wins battle to protect its slogan “Vorsprung Durch Technik”
This decision is a victory for any brand owners wanting to register slogans, and going forward it should be easier to obtain trademark protection for advertising slogans.
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12 April 2010
InterContinental Hotels Group victorious in landmark domain name ruling
The InterContinental Hotels Group (IHG) has succeeded in a groundbreaking domain name dispute.
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12 April 2010
Charities and not-for-profit organisations can no longer escape from paying music royalty fees
From April 2010 onards charities and not-for-profit organisations will need to pay a fixed annual fee if they want to play recorded and broadcast music at events and in public places.
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12 April 2010
Passing off – still the full measure
In the recent case of Diageo North America Inc (Diageo) v Intercontinental brands (ICB), the High Court upheld an action of extended passing off against ICB, the manufacturers of VODKAT, confirming that VODKAT is not vodka.
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06 April 2010
April's Employment Law Changes
As we reported back in January, planned legislative changes took place on 6 April 2010. Here we highlight some of the key changes for HR.
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06 April 2010
Can 'without prejudice' correspondence be considered by a court?
We recently settled a claim on behalf of a client for unpaid invoices where a declaration of agreement was obtained at court using 'without prejudice' correspondence and the defendant's application for permission to appeal was rejected.
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05 April 2010
The Personal Care at Home Bill – sitting on the fence
If implemented, the Personal Care at Home bill will guarantee free personal care at home for 280,000 people with the highest level of needs and will also provide "re-ablement" services for 130,000 people so that they can remain independent.
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29 March 2010
The Equality Bill –what will it mean to you?
The Equality Bill has been heralded as a landmark piece of legislation and if passed, will change the landscape of British equality rights. It combines current laws on disability, sex, race and other grounds of discrimination into one single piece of legislation and is almost certain to become law in October 2010.
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25 March 2010
To all intents and purposes…
Letters of intent should come with a health warning and parties should make sure they sign up to a proper written contract as soon as possible.
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23 March 2010
EU plans to increase maternity pay
A committee of the European Parliament has voted to increase the minimum period of paid maternity leave to 20 weeks’ full pay. The change is only proposed but with changes to maternity and paternity leave in April 2010, family friendly laws are again on the agenda.
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23 March 2010
Developing Village Greens
In a landmark development the new Supreme Court has overturned decisions of both the High Court and the Court of Appeal as to registration of a piece of land in Redcar as common land.
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16 March 2010
Hidden agenda
"Parties who intend to sign up to construction contracts should either use an unamended standard form of contract, or their own homemade contract conditions. To attempt a mixture of both is usually a recipe for disaster”. Donald Keating.
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12 March 2010
Charity Land Disposals
The Orwellian named Office of the Third Sector is consulting on proposals to relax/extend the definition of “Surveyor” in the Charities Act.
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12 March 2010
Guidance on reviving stalled housing schemes
Last month ATLAS (Advisory Team for Large Applications) the advisory body hosted by the Homes and Communities Agency published materials on the approach to be adopted towards reviving stalled housing schemes.
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08 March 2010
The right to be accompanied comes under the spotlight
A series of recent cases have shon a spotlight on the right to be accompanied at disciplinary, grievance and other statutory meetings. In this article, we look at the extent of the right and consider the reasonableness of legal representation.
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05 March 2010
Boyes Turner wins commission claim dispute for leading regional estate agent
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05 March 2010
Does a 'victim' of mistreatment by an employer have to bring a claim to be successful?
The Employment Appeal Tribunal confirms that conduct complained of need not be directed at the claimant to be a breach of trust and confidence.
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05 March 2010
TCC to the rescue! - applications to court before, during and after adjudication
Whilst applications to court can sometimes offer parties a useful way of resolving disputed issues, not every such issue is suitable for a declaration.
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02 March 2010
Overlooking your e-disclosure obligations may cost you
We look at a recent case that highlights the importance of complying with disclosure obligations, particularly e-disclosure. The Judge sent out a clear message that partial disclosure is not acceptable and that the courts are ready and willing to penalise a party in costs where disclosure has not been adequate, deliberate or not.
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02 March 2010
Extension and minor variations of planning consents: New planning fees from 26 February 2010
We explain the new charging structures for certain planning applications in England that came into force on 26 February 2010.
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25 February 2010
An update on the development of garden land
An update on the Department for Communities and Local Government (DCLG) investigation into residential development on gardens in England.
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24 February 2010
Holiday and sickness absence - the plot thickens…
We have not yet entered March but we are already reporting on our second important holiday case of the year! In a new twist to the issue of holiday and sickness absence, an Employment Tribunal has had to address the conflict between UK and EU law with some surprising results.
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19 February 2010
Companies Act 2006 - Statements of Capital
After the initial confusion and complexities surrounding the new requirement for companies to complete statements of capital, hopefully some welcome clarification from the Department for Business, Innovation and Skills.
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19 February 2010
Derivative actions under the Companies Act 2006: All talk, no action?
Despite the expansion of the circumstances in which derivative actions can be brought, fears that shareholder litigation was going to spiral out of control have been unfounded ……
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19 February 2010
Capital gains tax: quo vadis?
With continual speculation of a capital gains tax hike, what action should you take to avoid it?
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19 February 2010
Should I accept an Earn-Out?
While an earn-out arrangement has its pros and cons, potential sellers should not be frightened by the complexity of earn-out structures if they are willing to invest in good advice.
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19 February 2010
Do you have the right to vary?
Many contracts of employment will include a clause which the employer believes will give them the right to make changes to its terms. However, to what extent can an employer rely on a variation clause and what are the risks of using such a clause? We consider these issues in light of a new Employment Appeal Tribunal decision.
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18 February 2010
A concurrent duty of care?
In a recent case, the Technology and Construction Court (TCC) had to decide whether, in a contract claim, there was a concurrent duty of care in tort for economic loss and if so, whether one of the parties could exclude it by the use of wording in the contract.
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17 February 2010
Boyes Turner advises on funding round in TagMan Limited
Boyes Turner acted for Investors, including several 'Cambridge Angels', on a private funding round in TagMan Limited, a London based independent tag management service provider.
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12 February 2010
Overcoming Restrictive Covenants
As the number of available unencumbered development sites dwindles, developers are increasingly finding themselves dealing with sites that are subject to potential barriers against development. Property lawyer William Nassau-Lake looks at the ways in which such barriers can be overcome.
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10 February 2010
Constructive criticism
John Starr investigates the final report of the Jackson Cost Review and considers its implications for construction practice.
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10 February 2010
A new approach to sickness absence management – the new "Fit Note”
From April 2010 the Government is introducing a new computerised MED3 form which will change the way sickness absence is recorded by GP’s. The new form, dubbed a “Fit Note” replaces the previous handwritten sick note.
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02 February 2010
Holiday - "use it or lose it"
A new decision of the EAT adds another dimension to the already muddy waters of holiday entitlement. Here the EAT had to consider the extent to which an employer can insist that notice be given before taking holiday and whether the employer can refuse holiday if this notice is not given.
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01 February 2010
Jurisdictionally Challenged
It is established law that an adjudicator has no jurisdiction to decide his own jurisdiction, which is to say that he cannot decide if he really is an adjudicator or not. Not unless the parties agree that he can, of course.
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27 January 2010
Dress Codes - The long and the short of it
This article looks at the position of dress codes in employment and whether an employer's code is discriminatory if it includes 'gender-specific' requirements.
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27 January 2010
Signing documents – making life easier
The finalisation of deals is sometimes unexpectedly delayed by the simple issue of having someone available to sign vital documents.
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26 January 2010
Service providers and your new obligations – are you conforming?
This article looks at 'The Provision of Services Regulations 2009' which have just come into force and apply to all businesses offering or providing services in the UK.
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26 January 2010
The calculation of Commercial Agents compensation – it’s important to be practical!
Commercial agents are entitled to compensation and/or indemnity if the agency contract between them and their principal is terminated
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26 January 2010
Development of Garden Land
The Department for Communities and Local Government (DCLG) has published its investigation into the residential development of gardens in England. Developers who have plans to develop back gardens should, perhaps, get on with them sooner rather than later.
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21 January 2010
Passing the buck
With the Jackson cost report due soon, John Starr studies a recent case that encapsulates the courts’ current approach.
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18 January 2010
Changing Employment Law - the right to request time off for training or study
From 6 April 2010, an employee’s right to request time off is being further extended to cover employees who wish to undertake training or study.
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18 January 2010
Boyes Turner reports Q2 growth whilst UK's top 100 law firms see more declining revenues
Latest figures from Deloitte's quarterly legal sector survey show that fee income at the UK's top 100 law firms fell by 5.7 per cent in the second quarter of 2009-10, with this drop almost doubling to 10.5 per cent at the UK's top ten law firms.
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13 January 2010
Towards Zero Carbon - consultation on changes to the code for sustainable homes
The Department of Communities and Local Government (DCLG) has published a consultation paper on proposed changes to the Code for Sustainable Homes. Here we look in more detail at the key areas that will be covered.
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13 January 2010
Are e-mails enough to create a legally binding contract?
The High Court has recently decided that whilst e-mail correspondence can create a legally binding contract this will only happen if the essential elements of a contract including unequivocal offer and acceptance are present, together with the agreed contract terms.
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13 January 2010
Making sure exclusion clauses are reasonable
A recent high court decision highlights the need to be careful when using exclusion clauses in contracts. If one sub-clause is unreasonable, the whole clause may be struck out as unreasonable and be unenforceable.
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13 January 2010
Apple’s T&Cs come under scrutiny from the OFT
Apple Inc has agreed to tweak its terms & conditions for customers with the Mac, ipod and iphone, after the Office of fair Trading (OFT) launched an investigation into the terms & conditions it applied to consumers buying from the Apple and iTunes stores.
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13 January 2010
Website disclaimer - website owner rescued from deep water
In the recent Court of Appeal case of Patchett and another v Swimming Pool & Allied Trades Association [2009] the court looked at whether a website owner owned a duty of care of to its users for the statements it made on its website.
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13 January 2010
Many a slip....
If an adjudicator “gets it wrong”, can he put it right again by amending his decision after he’s given it? That all depends if what he’s committed is an error or a “slip”.
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13 January 2010
Misuse of personal data could lead to fines and jail time
The Ministry of Justice has commenced a consultation on the introduction of custodial sentences for the misuses of personal data committed under the Data Protection Act 1998 (DPA). Views on the proposals must be sent by 7 January 2010 and the commencement of the penalties are anticipated to start from April 2010.
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06 January 2010
Employment Legislation - what to expect in 2010
2010 looks set to be another bumper year for employment legislation. Boyes Turner's Helen Goss looks at what we can expect in the coming months.
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18 December 2009
Employment Law - common sense at Christmas!
Although many of the cases we report have a stark warning for employers, Stewart -v- Lloyds Property Group provides a dose of common sense for the festive season!
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16 December 2009
Advocate General’s ruling on Google AdWords
The long awaited opinion of the Advocate General (AG) of the European Court of Justice (ECJ) has arrived.
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16 December 2009
Sweet smell of success for Stella McCartney as Nude Brands fails to stop launch of STELLANUDE Eau de Toilette
Nude Brands Limited (NBL), a cosmetics company co-founded by Ali Hewson (wife of U2’s Bono), has been refused an interim injunction to prevent the launch of STELLANUDE by Stella McCartney Limited (SML).
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16 December 2009
A Tale of Boo Hoo for Wasabi Frog
The High Court has granted the online women’s fashion retailer “boohoo.com” an interim injunction to stop a competitor from using the trade mark or domain name “Miss Boo”.
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16 December 2009
Domain names - use and abuse
Domain names have considerable commercial value. Consequently the abuse of well established domains is a common way of generating revenue.
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16 December 2009
Water company fails to prevent developer overloading public sewer network
The Supreme Court has ruled in favour of a developer wishing to connect a large residential development to the existing public sewer network despite the fact that the water company believe that using the point of connection chosen by the developer could cause the system to be overloaded.
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10 December 2009
Carbon Reduction Commitment
The Carbon Reduction Commitment (CRC) consultation paper has been issued by the Government this month (October 2009) and the user guide is due to be issued imminently.
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09 December 2009
End of year Corporate Recovery legal update
Here we look at three recent cases that consider the position of unsecured creditors.
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09 December 2009
Christmas is cancelled!
In difficult economic times and with horror stories of employers being sued after social events, many may be put off the idea of having an office party. However, with a few practical and easy steps, employers can minimise their risk of legal exposure and avoid a litigation hangover in the New Year.
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07 December 2009
Legal Representation in Professional Disciplinary Proceedings
Two recent cases have opened the door to legal representation for employees in disciplinary proceedings where the seriousness of the allegations is so great that the outcome of the proceedings may prevent them from working in their chosen profession.
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01 December 2009
Online behavioural advertising: how to do it legally
This article looks at Online Behavioural Advertising (OBA) and the use of cookies which has often been cited as invading privacy. We also examine the framework of UK and EU law which has been developed to protect consumers and provide some useful practice points to protect your business.
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01 December 2009
Codes of Practice to be published in anticipation of Equality Act
Although we are a year away from the Equality Act coming into force, the Equality and Human Rights Commission are starting to draw up Codes of Practice which have the themes of the proposed Act firmly in mind.
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01 December 2009
Adjudication, adjudication, adjudication....
It seems that losing parties will go to any lengths to try to prevent the enforcement of adjudication decisions that go against them.
Read

01 December 2009
Boyes Turner boosts property team with new commercial property lawyer
Boyes Turner hires commercial property lawyer Pritika Grewal whose pedigree includes Thames Water and Biffa Waste.
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26 November 2009
Tighter regulations on building controls
Building control is undergoing a shake-up in the light of requirements for more energy-efficient buildings. John Starr looks at the changes and considers what they will mean for developers and householders. This article first appeared in Estates Gazette on 21 November 2009.
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26 November 2009
The Pre-Action Protocol
John Starr reviews two recent cases where the Protocol was not complied with. This article first appeared in issue 238 of the Property Law Journal, published by Legalease Ltd on 19 October 2009.
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26 November 2009
The implications of limitation periods for construction claims
This article written by John Starr was published in the Property Law Journal on 16 November 2009.
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26 November 2009
Beware - the EAT confirms disability discrimination by "association"
A case concerning a mother who claims she was treated contrary to the Disability Discrimination Act 1995 not because of her disability but because of her son's disability.
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18 November 2009
When does a job requirement become discrimination?
When does a dress code lead to more than just a dressing down? Here we look at the case of a Sikh police officer required to remove his turban as part of riot training and the consequences for the Greater Manchester Police. We also consider some of the issues facing employers when wishing to introduce a dress code.
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10 November 2009
Reasonable notice in the absence of express termination provisions
Lessons learnt from not having a formal written contract in place.
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10 November 2009
Admissibility of evidence of pre-contractual negotiations
In the recent case of Chartbrook v Persimmon Homes [2009] UKHL 38, the House of Lords was tasked with considering the construction of a clause in a property development contract.
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10 November 2009
Positive interims for Boyes Turner - a stark contrast to competitors' results
In the first six months of the 2009-10 financial year Boyes Turner's revenue rose by 4.5 per cent, continuing the positive momentum of the previous year which saw it record an overall growth of 5.2 per cent - well above the industry average of 1.7 per cent.
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10 November 2009
What happens if I die without a will?
Married and unmarried couples could be given better inheritance rights if there is no will in place, under a new proposal from the Law Commission.
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10 November 2009
Three things to remember….
Judgments from cases that come before the courts often serve as a reminder of tactical considerations. Here John Starr looks at a recent construction case and the 3 important lessons that can be learnt from it.
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10 November 2009
When is the "UK" really part of the "UK"?
In this article we look at the circumstances in which the UK employment courts may consider a claim from a British citizen working abroad.
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10 November 2009
Distribution Agreements: What constitutes ‘reasonable notice to terminate’?
A useful illustration of the factors that a court will take into account when deciding whether a notice period is 'reasonable', in the absence of express terms and notice periods.
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10 November 2009
The liability of search engines for defamatory material
A recent High Court decision found that a search engine could not be liable for publishing defamatory material as a search return or ‘snippet’.
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10 November 2009
Data protection – new standards set to help organisations comply with the legislation
The protection of personal data has created a headache for many businesses, however, two new tools have been introduced to aid compliance with data protection legislation.
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10 November 2009
The House of Lords re-examine the interpretation of contracts and the admissibility of pre-contractual obligations
The recent case of Chartbrook Limited v Persimmon Homes highlights the need for parties to draft contract terms and definitions clearly and precisely.
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06 November 2009
How to avoid the Court of Protection
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02 November 2009
Protecting the Vulnerable Claimant - the lengths the EAT will go to, to allow an appeal
In this update we look at the EAT's reluctance to strike out a vulnerable claimant's appeal and consider what is meant by 'not reasonably practicable' when filing an appeal.
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28 October 2009
Won an unfair dismissal claim? If so, return to work
As the number of employment tribunal claims increases, we look at the factors taken into account by an employment tribunal when ordering re-instatement and how an employer can show impracticability.
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27 October 2009
What’s “Fit for habitation”?
When it comes to residential premises there are real teeth in the obligation to comply with the duty to build a dwelling that’s fit for habitation, even if the party at fault isn’t the builder and even if the building isn’t about to fall down. Find out why.
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22 October 2009
Boyes Turner top ranked by the FT as a ‘standout’ firm for Innovative Management
In the 2009 FT Innovative Lawyers report published today, Boyes Turner has been named as one of the UK's top six 'standout' firms for Innovative Management.
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19 October 2009
Ensure your finances are in good hands
Moneywise TV interviews Ruth Meyer, associate solicitor at Boyes Turner, to find out how a lasting powers of attorney can help protect your finances whatever the future holds.
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19 October 2009
Avoid these mistakes when planning ahead
Moneywise TV interviews Caroline Wallis, a partner at Boyes Turner, to find out some of the mistakes people make when it comes to writing or reviewing their will.
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18 October 2009
Compensation for discrimination - "injury to feelings"
The Employment Appeal Tribunal has revisited compensation levels for injury to feelings and has increased the levels of compensation - but not by much as one may expect.
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13 October 2009
Final salary pension schemes are not a ‘unique benefit’ Court of Appeal rules
The Court of Appeal has overturned an EAT decision which held that pension rights can continue beyond the loss of earnings period when determining compensation for unfair dismissal.
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12 October 2009
Directors’ duties and the downturn
In the current economic climate, directors will be focused on the day-to-day needs of their business. But the wider duties owed to the company and its creditors must not be overlooked. Head of Boyes Turner’s Corporate Recovery group, Phil Smith looks at the main issues
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12 October 2009
Adjudication - Implied extension of the limitation period?
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05 October 2009
Sponsored links on the internet - no Acte Clair as UK court refers questions to the ECJ
The issue as to whether or not sponsored links on the internet can constitute trade mark infringement in the UK is far from clear as demonstrated by two recent UK cases.
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05 October 2009
Application changes for a series of trade marks
From 1 October 2009, the Trade Marks Directorate of the UK Intellectual Property Office introduced a series of changes relating to applications for a series of trade marks.
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05 October 2009
New “Right Start” UK IPO service offers reduced cost risk for trade mark applicants
On 1 October 2009, the UK IPO introduced a new Right Start trade mark application service which enables applicants to defer payment of half the application fee until after it has determined whether the application meets the requirements for registration.
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05 October 2009
Ruth Meyer is a guest speaker on Radio 4's MoneyBox Live
This MoneyBox Live show addresses the issue of appointing someone else to manage your affairs, when you are no longer able to make decisions yourself.
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04 October 2009
What's happening in Employment Law? - October round-up
A summary of the latest employment law changes.
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27 September 2009
STOP PRESS - judgment made on UK retirement age
The High Court of Justice has handed down its much awaited judgment in the long running "Heyday case" brought by Age Concern and Help the Aged.
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24 September 2009
Update on the Mental Capacity Act 2005
Boyes Turner hosted the September meeting of the Thames Valley branch of STEP at which Denzil Lush, the senior judge of the Court of Protection, gave an update on the Mental Capacity Act 2005 and recent developments in the Court of Protection.
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24 September 2009
The importance of setting up wills and trusts for learning disabled children
Boyes Turner's wealth protection experts Caroline Wallis and Ruth Meyer spoke at a MENCAP seminar in Reading on 15 September to advise the parents of learning disabled children the importance of Wills and trusts.
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23 September 2009
An update on the Community Infrastructure Levy
The draft Community Infrastructure Levy (CIL) Regulations 2010 have just been published. Consultation on the draft regulations will end on 23 October 2009. Here we look at the key proposals in more detail and what is likely to happen next.
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23 September 2009
Less strict tests for break notices?
An interesting article for any tenant considering exercising a break clause in a lease.
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22 September 2009
An interesting case...
Entitlement to claim interest on late payment of invoices in construction contracts.
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21 September 2009
Could your will be fake?
Right now the will writing industry is unregulated. Wealth Protection expert Caroline Wallis voices her concerns in this article by Moneywise magazine which looks into the problems bought about by unqualified and incompetent 'will writers'.
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20 September 2009
Fixed Term Contracts - remember to count the renewals
Employers should remember the provisions of the Fixed Term Workers (Protection of Employment) Regulations 2002 which protect a worker employed through a succession of fixed term contracts.
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20 September 2009
Is your website breaking the law?
A European Commission investigation into 369 websites selling electronic products such as DVD players, mobile phones, digital cameras, computer equipment and game consoles has found that over half of them are breaking consumer laws.
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20 September 2009
Update on the new procedures for extending and modifying planning permissions
The Government has published new regulations which introduce from 1 October 2009 a streamlined and allegedly more flexible procedure for dealing with applications to extend the period for implementation of planning permissions and to make non-material amendments to planning permissions. A reduced fee structure is also proposed.
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10 September 2009
Final, conclusive and binding? Really?
If the parties to a contract decide that any dispute between them is to be referred to arbitration and that the arbitrator’s decision is to be “final, conclusive and binding”, you would expect that to be the end of the matter, wouldn’t you?
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10 September 2009
Probate - do I need a lawyer?
At Boyes Turner, we are often asked by our clients whether they can deal with the probate themselves - and the choice is theirs. Sophie Martin, one of our Wealth Protection lawyers looks at the question in more detail.
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07 September 2009
Norton Tool Principle - the status quo is returned
Here we review a case in which an EAT decision that an employee did not have to give credit for earnings received during what would have been their notice period in a constructive dismissal claim was reversed by The Court of Appeal.
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07 September 2009
Virtual signature of documents
As electronic conveyancing becomes more and more a reality, it is imperative that robust procedures for signature are in place which create valid and enforceable documentation. Here we look at the ways in which this can be achieved.
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23 August 2009
The cost of recession - an increase in unfair dismissal claims
According to ACAS, the recession has caused a rise in unfair dismissal claims.
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16 August 2009
Withhold payments without notice?
If there’s one thing construction professionals can be certain about in relation to payments due under a construction contract, it’s that they can’t be withheld without a withholding notice. That’s right, isn’t it? Well, not necessarily.
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16 August 2009
Review of the default retirement age brought forward to 2010
The Government has announced that it will bring forward its review of the default retirement age (DRA) to 2010. What would a change in DRA mean for employers?
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13 August 2009
Record time for exchange
Sylvia Newton claims a record as a result of a recent sale of a London flat.
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09 August 2009
Disability Discrimination: Remember the Duty to Make Reasonable Adjustments!
The EAT reminds employers to remember their obligations to make reasonable adjustments at the point they consider dismissing a disabled employee.
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09 August 2009
Refusing medical treatment - advance decisions
Following The Mental Capacity Act 2005 people over 18 in England and Wales have a statutory right to refuse medical treatment through making an 'advance decision'.
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02 August 2009
Swine Flu - are employers at risk?
With worrying statistics being published almost daily about swine flu and its consequences, what are the implications for employers? Here we consider the issues facing employers and measures to overcome them.
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28 July 2009
Preparing for the Upturn
It seems to be generally accepted that better times, although not necessarily around the next corner, are on their way. With this in mind, now is an ideal time for businesses involved in the construction industry to prepare for the upturn.
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21 July 2009
The 'Pirate Bay' case - liability for aiding copyright infringement
The music and film industry has welcomed the recent conviction in Sweden of the four men behind the world’s largest BitTorrent tracker, The Pirate Bay. The Swedish courts found the men guilty of copyright infringement under Swedish law and sentenced them to one year in prison and fined them 30 million SEK (approximately £2.4 million).
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21 July 2009
Increasing protection for disabled employees
In a landmark decision, the House of Lords has ruled that people with a physical or mental condition which varies in its severity over time should still be termed “disabled” in accordance with the Disability Discrimination Act 1995 (DDA) - provided their condition is ‘likely’ to become “substantial” again in the future.
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20 July 2009
Groundbreaking compensation triumph for employee inventors
In the first reported successful claim in the UK under the employee inventor compensation provisions, the High Court has awarded £1.5 million in compensation to two former employees of GE Healthcare.
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16 July 2009
Pre-Action Protocol – the importance of getting it right
In two recent cases, Mr Justice Coulson has had to decide the costs consequences of failing to comply properly with the Pre-Action Protocol for Construction & Engineering Disputes.
Read

16 July 2009
Delay and extensions of time in construction contracts
Boyes Turner's John Starr discussed the implications of delays and extensions in time in construction contracts.
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15 July 2009
'No Waiver' clauses - are they failsafe?
Having a “no-waiver” clause in a contract aims to ensure that a party’s failure to enforce its contractual rights does not result in a waiver of those rights or remedies for their breach. But is this measure failsafe?
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15 July 2009
Signing on the dotted line 'not essential'
A recent High Court decision decided that a legally enforceable contract can arise despite the parties not having signed a written contract.
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15 July 2009
Protecting suppliers in turbulent times
Here we take a closer look at Retention of Title clauses - which, if well drafted can help to protect your interests as a supplier of goods.
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15 July 2009
A useful tool for ensuring punctual payment of invoices
Many suppliers are not aware that the Late Payment of Commercial Debts (Interest) Act means that in 'business to business' contracts parties have a right to claim both interest (8% above the Bank of England base rate) and an additional fixed “compensation” payment in the event that any payments are made later than their due date.
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15 July 2009
Colour combination trade mark application is rejected
This case importantly demonstrates that the representation of a trade mark must be complete, clear, precise and objective.
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15 July 2009
Watch out for trademark scams and bogus organisations
Once trade mark and patent applications are advertised, they enter the public domain and this provides an opportunity for bogus organisations to contact proprietors, dishonestly requesting payment of registration fees.
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15 July 2009
Reduction of 'opposition period' for UK Trade Marks
Following recent changes to the Trade Mark Rules, the opposition period following publication of a trade mark in the Trade Marks Journal has been reduced.
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15 July 2009
'Smell-a-like' and 'Look-a-like' perfumes prevented from "riding on the coat-tails of famous brands
The European Court of Justice recently resolved two references from the English courts regarding 'smell-a-like' and 'look-a-like' perfumes and packaging and found in favour of the brand owners.
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12 July 2009
Recovering a salary overpayment – the courts say “no”
In a recent case, a bank worker who was overpaid by more than £20k was not required to pay it back and was also allowed to keep the erroneous salary set out in her contract of employment.
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12 July 2009
Free guidance for management of waste on construction sites
Developers are legally required to produce a Site Waste Management Plan for projects over £300k and can now access a free step by step guide to get it right and avoid a hefty fine.
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07 July 2009
New guidance on affordable housing provision by charities
The Charity Commission, HM Revenue and Customs and the Homes and Communities Agency have published updated guidance on Affordable Home Ownership – Charitable Status and Tax.
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06 July 2009
Highest ever 'injury to feelings' compensation awarded in age discrimination case
Unlike compensation for unfair dismissal, compensation for discrimination does not have a cap. A woman was recently awarded £33.5k for injury to feelings in an age discrimination case - the highest compensation ever awarded in such a case.
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06 July 2009
Why make a will?
The rules of intestacy which automatically apply when you die without a will changed in February 2009.
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05 July 2009
Government consults on streamlined procedures for renewal and variation of planning permissions
Smaller developers will be disappointed by the Government's latest attempt to support the property development industry. Proposals to make it easier to renew existing planning permissions specifically exclude small scale developments of less than 10 houses.
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05 July 2009
House of Lords re-establishes doctrine on proprietary estoppel
In a recent case, The House of Lords re-establishes the doctrine on proprietary estoppel
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30 June 2009
The Dangers of Diversion Notices
In these difficult times it is becoming common practice for superior landlords to serve “Diversion Notices” which can lead to serious problems for sub-tenants.
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29 June 2009
Constructive unfair dismissal claim valid even where some complaints are not raised in a written grievance
The EAT has held that an Employment Tribunal can consider a constructive dismissal claim where only some of the complaints, in a series of events, have been raised in a grievance.
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21 June 2009
Boyes Turner named 'Client Focused Law Firm of the Year'
Boyes Turner has been named 'Client Focused Law Firm of the Year' by Acquisition Finance magazine at their ACQ Global Awards 2009.
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21 June 2009
New guidance on managing workplace stress
The Chartered Institute of Personnel and Development (CIPD), the Health and Safety Executive and Investors in People have joined forces to launch new management guidance on stress in the workplace. The guidance came about following predictions that the current recession will lead to a sharp increase in work related stress claims.
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16 June 2009
Wills and trusts for the learning disabled
On 16 June, Boyes Turner's wealth protection experts Caroline Wallis and Sophie Martin spoke about wills and trusts at the Housing Conference organised by Wokingham Community Team for People with Learning Disabilities.
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15 June 2009
Temporary Agency Workers Legislation
European legislation relating to the rights of temporary agency workers is drawing closer to being implemented in the UK.
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15 June 2009
FACEBOOK: A Follow Up
Having been inundated by applications from trade mark owners to prevent Vanity URL registrations, Facebook have withdrawn the facility for trade mark owners to register to protect themselves from use of their trade marks in Vanity URLs.
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15 June 2009
Tie down your Terms of Settlement
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14 June 2009
Politics, Maternity and Discrimination
The Government has announced that plans to extend paid maternity leave from 9 to 12 months and allow partners to “swap” maternity leave have been shelved. The changes were due to come into force from April 2010, however a major piece of legislation due to become law in 2010 will consolidate all UK and European discrimination legislation under one Act.
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14 June 2009
FACEBOOK: A warning to brand owners
From tomorrow, users of the Facebook website will be allowed to create personalised URLs for their Facebook pages. Find out how to protect your trade marks and brand names from being high-jacked.
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09 June 2009
STOP PRESS: Holiday pay and long term sick leave
The House of Lords gave its judgment on 10 June 2009 in the case of Stringer –v- HMRC, reminding all employers that European and now UK employment law takes no regard for the economic climate.
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07 June 2009
Length of Service and Redundancy
Court of Appeal holds that using length of service as part of a redundancy selection matrix is lawful, despite it constituting indirect discrimination on the grounds of age but employers should still use with caution.
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07 June 2009
Give someone power of attorney...before it's too late
Power of attorney is being simplified and the cost is falling, so there's no excuse to put it off any longer. Boyes Turner's wealth protection lawyer Ruth Meyer comments in this article which was recently published by The Guardian.
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03 June 2009
Boyes Turner advises on acquisition of Real-Time Publisher Services Business from Verisign Inc.
Boyes Turner has advised a US-based investor group led by Paul Farrell in their acquisition of the Real Time Publisher Services of VeriSign Inc.
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01 June 2009
Injunction prevents party approaching competitor's workforce pending trial
When employees are poached or if teams leave ‘en mass’ to go to a competitor there is a risk that the business’ confidential information could be used to give a competitor an unfair advantage or even destabilise a business. One of the methods of protection is an injunction granted by the High Court.
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01 June 2009
Unveiling the "Fit Note"
The Government has launched consultation on its new 'fit notes'. The new fit note will replace the current handwritten sick note in spring 2010.
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27 May 2009
A WARNING TO RESPONDENTS - failure to pay a tribunal award can amount to victimisation
In a recent case, the Court of Appeal has held that respondents who do not pay tribunal compensation could face a further claim of victimisation.
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25 May 2009
Adverse Possession - revisited
When the 2002 Land Registration Act came in to force it was thought that it would largely put an end to adverse possession claims so far as registered land is concerned because of the new provisions that a registered owner needs to be informed of the claim and has two years to object.
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25 May 2009
Boyes Turner hires senior construction litigator
Boyes Turner has significantly boosted its construction practice with the hire of senior construction lawyer John Starr from Denton Wilde Sapte.
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20 May 2009
Update for Property Developers: Nice View?
It has long been held that a landowner is unable to establish a legal right to benefit from a ‘view’. However, a recent case has indicated that a view may be protected by the existence of a restrictive covenant against causing an ‘annoyance’.
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20 May 2009
Update for Property Developers: Listed Buildings
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20 May 2009
When is a tree not a tree?
The recent High Court case of Palm Developments v Secretary of State (2009) ruled that there is no minimum size for a tree which overturned earlier commentary that a ‘tree’ should measure more than seven or eight inches.
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20 May 2009
Assigning Leases - when can a guarantor be kept on the hook?
A recent Court of Appeal case involving a dispute between the seller and purchaser of a long lease resulted in a judgement that is likely to have significant effect upon the relationship of landlords and tenants when applications for licence to assign leases of business property are being considered.
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17 May 2009
Boyes Turner advises on sale of Dontstayin Limited
Boyes Turner has advised Dontstayin Limited on the sale of its dance music and clubbing social networking website to Development Hell Limited.
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17 May 2009
Immigration updates
The UK business visitor scheme is one of the most widely used means for foreign nationals to enter the UK. The review of the Immigration rules late last year has brought some changes to this popular method of entering the United Kingdom.
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17 May 2009
How to deal with “under water” share options
One side effect of the current economic climate is that many share options are now “under water” and no longer provide an incentive for key staff.
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17 May 2009
Directors' duties - companies in difficult times
With more companies than ever facing testing times, directors of companies in financial difficulty will not be surprised to learn that they are subject to additional rules and greater responsibilities, which they ignore at their peril.
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17 May 2009
Refinancing in a shrinking credit market
A sea change in the appetite of Banks to risk and increased interest margins are just two of the consequences of the reduction in availability of credit which are causing real difficulties for borrowers who wish to “roll over” or refinance loans.
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17 May 2009
Traps for the unwary
Off-the-shelf – v – bespoke? Anyone considering a new venture should be mindful of the risks and common pitfalls that can arise if they do not give some thought at the outset to the underlying shareholder and constitutional arrangements.
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17 May 2009
Reductions of capital - a new alternative for private companies
The introduction of a quick, cost-effective and out-of-court route to reduce share capital is a welcome alternative for private companies.
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13 May 2009
Government proposals to extend planning permission lifetimes to 5 years
In yet another sudden u-turn in policy the Government has announced that it will be consulting on extending the lifetime of planning permissions from 3 years back to the original 5 years.
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13 May 2009
Government extends planning permission lifetimes to 5 years
In yet another sudden u-turn in policy the Government has announced that it will be consulting on extending the lifetime of planning permissions from 3 years back to the original 5 years.
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11 May 2009
Carry on Growing: Boyes Turner hires 20 new staff in the first half of 2009
Boyes Turner has bucked the trend continuing to grow despite the challenging economic climate. With a total of twenty new staff recruited since 1 January 2009 and further growth planned this year, its strategy of developing the Thames Valley's premier law firm remains firmly on course.
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11 May 2009
Right to Legal Representation at Internal Disciplinary Hearings
A recent case has bucked the trend by holding that, in certain circumstances, an employee has the right to have legal representation at an internal disciplinary hearing. This goes against current guidance that an employee can only be accompanied by a work colleague or a trade union official.
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05 May 2009
The Equality Bill - What does it mean in practice?
The proposed Equality Bill was put before Parliament on Friday 24 April. It is heralded as bringing an end to unfairness in the workplace. However, with equality legislation already dating back to 1970 will the Equality Bill make any difference?
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05 May 2009
Boyes Turner short listed for Regional Law Firm of the Year award at legal profession's premier event
Boyes Turner has been short listed for Regional/National Law Firm of the Year at The Lawyer Awards 2009.
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27 April 2009
Employment ends when the employer stops paying
The Court of Appeal holds that an employee’s effective date of termination was the date the employer stopped paying.
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27 April 2009
Twin tracking hits the buffers
As the property recession causes fewer applications to be made for planning permission developers may overlook the changes which are taking place in planning law as it is not immediately relevant.
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27 April 2009
Grazing Horses - is it agriculture?
A short article in the Journal of Planning Law by Alex Samuels addresses the difficult question of whether keeping horses in a field is an agricultural use or whether it falls within some other planning use.
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21 April 2009
Rejecting applicants on the basis that they do not have permission to work in the UK can amount to indirect racial discrimination
The Employment Appeal Tribunal (EAT) has held that an employer’s policy of never accepting applications from non-EEA (European Economic Area) nationals who required work permits was indirectly discriminatory on the grounds of nationality.
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21 April 2009
The Power of Civil Intervention - A second defendant receives a custodial sentence for contempt in the case of Crystalmews Limited and Gee-Tec Limited
Following a judgment handed down on Thursday 12 March 2009 after a civil action brought by Mr Timothy Bramston - the Liquidator of Crystalmews Limited - a second defendant, Gurpal Singh Thandi, was sent to prison to begin a four month sentence for contempt of court. Boyes Turner acted on behalf of the liquidator.
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16 April 2009
A Guide to Resolving Disputes
This guide looks at the various options available when a dispute needs to be resolved including mediation, early neutral evaluation, adjudication and expert determination.
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16 April 2009
Landlord's may no longer have the right to 'distress' to recover rent arrears
Recent changes in legislation will deprive landlords of the ancient remedy of distress, replacing it instead with a statute based system which is narrower in scope than the old common law rules, and under which only court-certified agents will be able to seize goods.
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14 April 2009
40% reduction in Community Trade Mark fees
File Community Trade Marks before 1 May 2009 and save €150.
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13 April 2009
European Comission says "Yes" to the 48-hour opt-out....for now
The European Commission has chosen not to follow the European Parliament’s recommendation that the 48-hour opt-out should be removed from the European Working Time Directive.
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05 April 2009
More April changes....
Here we look at the implications of key legislative changes to employment law that are coming into effect this month.
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31 March 2009
New regime for installing and monitoring gas appliances
As of 1 April 2009, CORGI accreditation is not sufficient for anyone undertaking 'approved gas work'.
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30 March 2009
Outsourcing – the antidote for 2009?
As businesses continue to feel the pinch, we can expect to see increased levels of outsourcing non-core services, such as IT services, as businesses attempt to reduce costs. Those that rush into outsourcing agreements simply to save costs may find themselves locked into inefficient and costly arrangements. Sarah Williamson offers some guidance on the steps a business should take when seeking to outsource its IT services.
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30 March 2009
Local wills expert Caroline Wallis on BBC Berkshire with Sarah Walker
Boyes Turner's wealth protection expert, Caroline Wallis, appeared live on BBC Radio Berkshire's Sarah Walker show on 10th March.
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29 March 2009
Using 'previously signed' pages in deeds can invalidate them
Here we look at a recent case where it was found that the practice of inserting already signed pages into a new deed document can render it invalid.
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29 March 2009
The statutory procedures....The End!
From 6 April 2009, the Employment Act 2008 will come into force, repealing the current statutory dispute resolution procedures. What does this mean in practice?
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23 March 2009
Holiday Entitlement Increase
Employers should check their workers’ contractual annual leave entitlement to ensure that that they comply with new legislation that comes into force on 1 April 2009.
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19 March 2009
Arrival of the Community Infrastructure Levy
The Community Infrastructure Levy which was ratified by Parliament in 2008 will be adopted by many Local Planning Authorities across England and is likely to have an impact on many developments. Here we explain what it is and how it will be affect you.
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18 March 2009
Winding-up a Corporate debtor
Winding-up proceedings are not a strict debt recovery tool. However, where outstanding invoices are not genuinely disputed, the threat of insolvency proceedings can be very effective.
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16 March 2009
The “Malcolm Principle” applies to employment cases too
The Employment Appeal Tribunal has ruled that the wider definition of a “comparator” in disability related cases as held in Mayor and Burgesses of the London Borough of Lewisham v Malcolm does apply in employment cases.
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10 March 2009
UK Retirement Age – good news for employers…for now
On 5th March 2009, the European Court of Justice gave its decision in the long running case challenging the UK’s mandatory retirement age of 65.
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09 March 2009
Redundancies and Reorganisations - dealing with a downturn
Strategies for managing an effective redundancy programme.
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09 March 2009
Trading whilst insolvent?
In the current economic climate, it is important that directors of companies regularly consider whether their respective companies could be trading whilst insolvent. Kathryn Tait, a solicitor at Boyes Turner, aims to help directors identify whether the company is insolvent, the possible consequences, and what they can do to help the companies, the creditors and themselves
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09 March 2009
A windfall for the long-term sick?
Here we look at the European Court of Justice’s (ECJ) decision in Stringer and Others -v- Her Majesty’s Revenue and Customs (HMRC) concerning holiday and holiday pay whilst on sick leave.
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06 March 2009
Employment Appeal Tribunal says no to credit for earnings during the notice period
The Employment Appeal Tribunal has ruled that compensation for constructive unfair dismissal is payable for the employee’s whole notice period – even if they have found a new job during this period.
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26 February 2009
Adrian Desmond of Boyes Turner elected Chairman of FOCIS
Boyes Turner's medical negligence expert, Adrian Desmond, has been elected as the new Chairman of FOCIS (Forum of Complex Injury Solicitors).
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23 February 2009
Does an employer always have to make reasonable adjustments?
The EAT has ruled that employers do not have to make reasonable adjustments PROVIDED they genuinely do not know that an employee or job applicant is disabled.
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19 February 2009
Enforcement of retention of title clauses in insolvency situations
Retention of title clauses are often found in standard terms and conditions of businesses engaged in the sale of goods. A ROT clause allows a seller to retain ownership of goods until the buyer has paid the seller’s invoices. This is particularly important in cases where the buyer has become insolvent and there is no prospect of recovering any monies.
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16 February 2009
Age Discrimination: Caution to be taken with age related provisions
An Employment Appeal Tribunal (EAT) ruling has confirmed that employers must take care to ensure that any provision or practice concerning an employee’s age has a legitimate purpose to avoid falling foul of discrimination legislation.
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11 February 2009
Boyes Turner wins 'Branding Campaign of the Year' at industry's most prestigious awards
The much talked about Free Range Lawyers recruitment campaign which Boyes Turner launched in 2008 won "Best branding campaign" at The Lawyer magazine's HR awards ceremony.
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10 February 2009
Seller Beware
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09 February 2009
Insurers lay down ground rules for development in flood risk areas
Without insurance, homes in flood risk areas will run the risk of becoming unmarketable. This is not just because buyers may be put off by the fear of flooding that refusal of insurance cover implies, but more directly because most mortgage lenders will not lend unless insurance is in place.
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09 February 2009
Let it snow, let it snow, let it snow
Snow covered streets, public transport grinding to a halt and schools being closed meant many people could not get to work last week. Many saw this as an opportunity to catch up with the family whilst others battled their way to the office. However, for employers what should they do, if anything, with those staff that had a “snowball day”? Below we consider issues facing employers in these situations.
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06 February 2009
Enforcing a Lien over Goods
Does your business trade subject to standard terms and conditions which provide for a lien over a customer’s goods until full payment of your invoices has been received? Often such terms provide enforcement of the lien after 28 days notice of an intention to sell is given to your customer. If your terms do have such a clause, it may fall foul of the provisions of the Torts (Interference with Goods) Act 1977 (“TIWG”) which sets out formal requirements for enforcement of liens.
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06 February 2009
Latest changes to the Civil Procedure Rules 1998
In April 2009 the 49th update to the Civil Procedure Rules 1998 will be implemented. Changes include a new practice direction on pre-action conduct which will apply to all cases regardless of whether the case is governed by a specific pre-action protocol.
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03 February 2009
Sexual Orientation - Can someone who is not gay be harassed?
Homophobic banter directed at a heterosexual employee could be harassment under the Employment Equality (Sexual Orientation) Regulations 2003 (the “Regulations”). Employers should review their own policies on equal opportunities and harassment - but having a policy will only protect an employer so far.
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27 January 2009
ECJ decides holiday and holiday pay accrues during long term sick leave!
At a time when many employers are facing economic hardship this is a most unwelcome decision but the ECJ have left certain elements of the decision open to national interpretation which may allow the House of Lords to limit the effect of this judgment. Here we look at the implications for UK employers.
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26 January 2009
Turbulent times reveal wisdom of making a will
Widows or widowers of people who die without a will stand to be financially better off following major changes in the law on 1st February 2009, when the amount of money they receive from their partner's estate doubles. Boyes Turner's wealth protection expert Caroline Wallis discusses with The Observer's Harriet Meyer.
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23 January 2009
Company Accounts - Late Filing Penalties
From 1 February 2009 Companies House are increasing the penalties for late filing of accounts and changing the time periods to which the penalties apply.
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20 January 2009
Key employment law changes expected in 2009
Not only has the downturn in the economy increased employment claims but the new year also heralds significant changes in employment law. Here we highlight some of the key changes to look out for in 2009 and beyond.
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16 January 2009
How should you plan for that second attempt at connubial bliss?
In an article by the FT's Charles Batchelor on the legal and other implications of divorces, second marriages and second families, Caroline Wallis comments on protecting your assets.
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16 January 2009
What happens after I am gone?
Parents of a disabled child face real heartache in trying to plan for the future of their child when they are no longer there to care for them. The solution is a Will containing a discretionary trust which puts in place a long-term structure to protect and support your child in your absence.
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16 January 2009
Protecting your assets in the credit crunch
Boyes Turner's Fully Comprehensive Will can protect your assets during difficult economic climates in a number of ways.
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15 January 2009
Crocodiles at war.....again!
The long running battle between Crocodile International Private Limited (“Crocodile”) and La Chemise Lacoste (“Lacoste”) over the use of their respective CROCODILE marks continues.
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15 January 2009
Crocodiles at War......again!
The long running battle between Crocodile International Private Limited (“Crocodile”) and La Chemise Lacoste (“Lacoste”) over the use of their respective CROCODILE marks continues.
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15 January 2009
Does your Community Design have individual character?
Under the Community Design Regulation (“CDR”), which came into force in 2001, it is a pre-requisite for protection that a design is new and has individual character. This article looks at the decision on a recent CDR case.
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15 January 2009
Interflora brings action over Google keywords
In August, Google changed its policy on keyword advertising. Under the new Google policy, trade mark owners can no longer prevent another party from sponsoring its trade mark(s) as a keyword in order to trigger search engine advertisements.
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15 January 2009
First ruling from the Company Names Tribunal
The newly formed Company Names Tribunal has handed down its first decision, ordering that Coke Cola Limited change its name and pay the sum of £700 to Coca Cola.
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15 January 2009
Three dimensional trade mark - the shape of a loudspeaker
This article examines Bang & Olufsen's failed application to protect the shape of one of its loudspeakers through a Community Trade Mark Application.
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15 January 2009
Opting out of Community trade mark search system
The United Kingdom, Ireland, Portugal and Sweden have opted out of the Community trade mark search system.
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13 January 2009
Stress at work claims - door eased open for employees
The Court of Appeal in Hatton –v- Sutherland set a high standard making it difficult for employees wishing to bring stress induced personal injury claims against their employer. However in a new case we see the Court widening the boundaries of its previous judgment which could pave the way for more stress claims.
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08 January 2009
Brown Field Remediation Trap
An extract in the recent Journal of Planning and Environmental Law mentions a site involving Redland Minerals, as owner of a former chemical works, and house builders Crest Nicholson, as housing developer both potentially being caught by what most would regard as a very unfair and unfortunate set of circumstances.
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07 January 2009
2009 Religious Festivals and Celebrations Calendar
Many employers will be aware of special religious festivals and celebrations when employees may require time off over the next year and although this calender is by no means exhaustive and nor does it include all religions, it is designed to assist employers recognise those dates in 2009 which their employees may wish to observe.
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05 January 2009
Boyes Turner bulks up banking practice with regional heavyweight
Boyes Turner has appointed leading banking partner John Barker from Osborne Clarke to head up their Banking & Finance group. The appointment took effect as of 1 January 2009.
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18 December 2008
'Tis the season to be wary
As we approach the end of the year, many employers will be preparing for their annual office party. While it is an opportunity for employees to let their hair down and celebrate their hard work over the past year, the real headache may in fact be the employer’s the next morning. Here we set out some issues which employers should be aware of as they approach the festive season.
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18 December 2008
Estate Agents' entitlement to commission on sales and purchases
A clear distinction has emerged as to whether estate agents need to be the “effective cause” in a sale and a purchase to be entitled to commission following recent decisions from the Court of Appeal. Boyes Turner's Ally Tow discusses.
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15 December 2008
Powers of attorney have become a bureaucratic nightmare
Harriet Meyer from The Observer on Sunday has written about how the new procedure for entrusting your affairs to someone else is lengthy, complicated and expensive. Boyes Turner's Ruth Meyer is involved in championing changes to make the process more user friendly.
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15 December 2008
Compensation Rates Rise - effective February 2009
The annual employment related compensation rate rises have been published. These amounts are payable from 1 February 2009.
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11 December 2008
Local woman leaves £1 million legacy to the League of Friends charity
As a first point of call for expert opinion on wills and probate issues for BBC Radio Berkshire, Boyes Turner’s Wealth Protection expert Caroline Wallis has once again appeared on the Andrew Peach show as an expert commentator.
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11 December 2008
Is our Will arrangement watertight?
Caroline Wallis answers reader's Wealth Questions in the Financial Times.
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09 December 2008
Dismissal not effective until dismissal letter read
Boyes Turner's employment lawyer Emma O'Connor discusses a recent case where the Employment Appeal Tribunal held that an employee’s dismissal is not effective until he/she has actually read the dismissal letter, not on the date on which it was sent or received.
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08 December 2008
Nuisance and Annoyance Provisions
A recent case highlighting yet another hurdle not only for householders building extensions but also for developers wanting to develop land where it is subject to a nuisance and annoyance provision.
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05 December 2008
Boyes Turner advises on sale of Distal Holdings Limited to UCS European Holdings Limited
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05 December 2008
Requirement to have a degree and age discrimination
The Employment Appeal Tribunal (EAT) has held that requiring an employee to hold a degree in order to qualify for a higher salary band is not indirect age discrimination.
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05 December 2008
Planning - Judicial Review Timescales
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28 November 2008
VAT rate drop - practical advice for retailers
The change in the rate of VAT has been well-covered in press releases and notices sent out by accountancy firms and others. For retailers who choose to pass on the rate change to consumers, there is little guidance as to what they should do in practical terms. Click to read more.
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28 November 2008
Boyes Turner to advise on one of the UK's largest waste management facilities
Boyes Turner has been appointed by Hadley Recycling & Waste Management to advise on the acquisition and development of a new 175 acre waste management facility at Shipton-on-Cherwell in Oxfordshire.
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26 November 2008
Paying bonuses for night shift work is not sex discrimination
The Court of Appeal holds that criteria in a bonus scheme relating to night working did not indirectly discriminate against female workers who typically did not work a night shift because of childcare commitments.
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26 November 2008
Landlord's interests are second to administrator's right to trade
The recent case of Innovative Logistics Limited (In Administration) v. Sunberry Properties Limited has presented landlords with a problem. Click to find out more.
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26 November 2008
Director's Conflicts of Interest
Recent changes to the Companies Act means that directors can now incur civil liability if they have any interest that conflicts with the interests of the Company and which has not been authorised by their co-directors.
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26 November 2008
Pre-Budget Report: Implications for the Property Industry
The 2008 Pre-Budget Report (PBR) was delivered by the Chancellor on 24 November 2008. This bulletin examines the implications of the PBR that will be of particular interest to the property industry as well as the practical impact of the new provisions.
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21 November 2008
Using length of service as a redundancy selection criteria
The Court holds that using a length of service criteria as part of a redundancy selection matrix may not be age discrimination provided it is objectively justifiable. However, employers should use with caution.
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21 November 2008
Employment Act 2008 receives royal assent
Following the publication of a new ACAS code on disciplinary and grievance procedures as reported last week, the Employment Act 2008 has also now been given Royal assent. The new Employment Act 2008 and new ACAS code are part of the overhaul of the current statutory disciplinary and grievance procedures.
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20 November 2008
Recovery of Deposits - Court of Appeal rejects buyer's claim
The Court of Appeal has forcefully defeated an attempt by a defaulting buyer to use section 49(2) of the Law of Property Act 1925 to recover a £400,000 deposit following the buyer’s failure in 2006 to complete a contract signed in late 2005.
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20 November 2008
House of Lords brings sanity back to rent collection notices
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20 November 2008
How to recognise insolvency
In this current climate, it is important that the directors of companies regularly consider whether their company is insolvent. This briefing note aims to help directors identify if the company is insolvent, the possible consequences and what they can do to help the company, the creditors and themselves.
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17 November 2008
When covenants can only be enforced by the vendor
A recent High Court case has confirmed that in certain, fairly restricted cases, a covenant benefiting "the Vendor" or "the Transferor" can only be enforced by that person - and can no longer be enforced if the original Vendor or Transfreor dies.
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17 November 2008
Breach of Covenant
Experienced developers will be aware that in some cases of breach of covenant the courts compensate the person who has the benefit of the covenant, by giving damages to reflect what might have been paid for the release of the covenant, rather than simply compensating the aggrieved land owner for loss.
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13 November 2008
New ACAS Code published
A new ACAS Code dealing with disciplinaries and grievances has been approved by the Department for Business Enterprise and Regulatory Reform on 11 November 2008. The new Code will now go before Parliament for final approval before coming into force on 6 April 2009.
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12 November 2008
Redundancy - 'bumping' explained
The issue of ‘bumping’ in a redundancy situation has again come to the fore as employers look to reduce headcount in these difficult times.
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03 November 2008
What should employees who are absent with stress be paid?
The Employment Appeal Tribunal has held that it is not unlawful to deduct full wages from employees who are not able and willing to work.
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27 October 2008
Age enhanced redundancy payments must be objectively justifiable
The Employment Tribunal has held that more generous redundancy payouts for employees over the age of 41 that cannot be objectively justified may be discriminatory.
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23 October 2008
Planning conditions - an update
As developers will be aware, when planning permissions are granted they are usually subject to conditions which need to be satisfied, commonly before commencement of the development or occupation of the completed development.
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23 October 2008
Does a delay in Tribunal proceedings lead to an unsafe decision?
The Employment Tribunal has held that a delay between an original tribunal hearing and the dedision being sent to the parties is not of itself a ground of appeal against the decision.
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21 October 2008
The New UK Immigration Regime - what UK employers need to know
A new immigration regime is being introduced in the UK which is based on the Australian points system. Employment partner Barry Stanton looks at the key changes and how they will affect UK employers.
Read

19 October 2008
Changing Terms and Conditions of Employment
The recently decided case of Darby & Another v Law Society of England and Wales (2008) gives cautionary advice to employers wishing to change terms and conditions of employment.
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19 October 2008
Maternity Leave Benefits: Important changes in the pipeline
The law on benefits during maternity leave is often a confusing topic for employers, not least because of the distinction between types of maternity leave, the differing benefits associated with the different types of maternity leave and the length of leave over which Statutory Maternity Pay (SMP) is payable.
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15 October 2008
Green Leases
Following the recent introduction of Energy Performance Certificates and the topical discussion of green leases property lawyer Katie Fung looks at whether the Government's promotion of energy saving objectives will affect how aspects of conventional leases are drafted.
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13 October 2008
Boyes Turner short listed for national award
Boyes Turner has been short listed to win the Regional Law Firm of the Year award at the prestigious British Legal Awards.
Read

12 October 2008
Productivity Bonus Schemes can be Discriminatory
The Employment Appeal Tribunal (EAT) has decided that a bonus scheme designed to encourage productivity in jobs which are predominantly held by male workers, may be discriminatory.
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08 October 2008
October changes - Employment Law Update
Summary of the changes in employment law legislation that will take effect in October 2008.
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05 October 2008
Compulsory Retirement Age - ECJ hears Advocate-General's opinion on Heydey
European Court of Justice judges hear Advocate-General's opinion on the inclusion of a compulsory retirement age in the UK's Age Discrimination Legislation.
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05 October 2008
Council of Mortgage Lenders (CML) introduces 'Disclosure of Incentives' form
The Council of Mortgage Lenders has introduced a 'Disclosure of Incentives' form in an attempt to help lenders regain confidence in the new build mortgage market.
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05 October 2008
Taking holidays during the 'notice period'
This case illustrates the need for employers to formally set out in their contracts or terms and conditions of employment any formal changes they wish to make to the WTR. In the absence of any formal agreement between the employer and employee with regards to notice, the WTR will have effect.
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01 October 2008
Is being Polish a 'disability'?
We review an unfair dismmissal case where a Polish cleaner claimed her employer took advantage of her lack of ability to understand English stating that 'not understanding the language is a disability'.
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01 October 2008
Equality Initiative - first equality public service agreement published by Government
The Government has published its new public service agreement (PSA) which sets out its equality objectives up to 2011.
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28 September 2008
Employee or contractor? a cautionary tale for contractors
An IT contractor working for the AA has been ordered to pay an income tax bill after the High Court ruled he was an employee of the AA. This case illustrates the important distinction between being an employee and a contractor: this time from the perspective of the contractor.
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18 September 2008
Employment Law Forum - 9 October 2008
Employment law update from Maine Tucker in association with Boyes Turner. The session will include case law and legislation updates in addition to two workshops on how to avoid employment tribunals through workplace mediation and what can be done to avoid bullying and harassment in the workplace.
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18 September 2008
VAT warning for developers letting unsold houses
Developers considering letting new dwellings which they are having difficulty selling need to be aware of the danger of losing the ability to fully recover VAT paid on their costs.
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16 September 2008
Illness and compensation - are employers responsible?
The Employment Appeal Tribunal has once again opened up the issue of compensation for illness in unfair dismissal cases.
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16 September 2008
Plans to extend flexible working
The Government is consulting with employers on their plans to increase the scope of flexible working regulations to parents with children up to the age of 16.
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16 September 2008
Will the compulsory retirement age go up to 70?
Retiring at 65? With commentators in the press stating that we will all have to work up to the age of 70, it is with great interest that we await the decision of the European Court of Justice in the Heyday case.
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16 September 2008
ACAS publishes Job Evaluation Guide to help employers stamp out equal pay claims
New Job Evaluation Guide for employers to ensure fairness of pay between the sexes in light of increasing number of equal pay claims.
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09 September 2008
Extra protection for spouses and partners in the absence of a will
Married couples and civil partners whose spouse or civil partner dies without leaving a will are to benefit from an increase in the statutory legacy in proposals published by the Government on 27 August 2008.
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07 September 2008
Introduction to Mediation - one day training course
This one day course provides a comprehensive overview of the principles, process and benefits of workplace mediation.
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07 September 2008
Effective workplace mediation skills - two day training course
This two day course provides participants with the practical tools to manage everyday workplace conflicts.
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07 September 2008
Six key legal updates for the insolvency industry
Whilst Insolvency Practitioners and lawyers gear up to what many anticipate will be a busy autumn, there have been a few interesting decisions and developments to note. Boyes Turner's Kathryn Tait discusses.
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03 September 2008
U-turn on Empty Rates - Reality or Fiction?
Owners of commercial property are only too aware of how the Government's introduction of rates payments for empty commercial properties has increased the regulatory and tax burdens imposed on them. Now we ask, will the policy be overturned?
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01 September 2008
Proposed extension of copyright term for sound recordings
The European Commission has proposed a directive to extend the copyright term for sound recordings.
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01 September 2008
Nominet changes have little effect on overall cost of domain name disputes
Changes to Nominet's Dispute Resolution Service (DSR) policy and procedure do little to reduce the costs involved in putting together a complaint.
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01 September 2008
Boyes Turner comes up trumps in The Lawyer UK 200 Report
Moving up 11 places in just one year, Thames Valley heavyweight Boyes Turner is the 145th largest law firm in the UK accoring to The Lawyer magazine's annual survey.
Read

01 September 2008
Accelerated trade mark registration process
The UK Intellectual Property Office has introduced a new fast-track trade mark application process for UK registrations.
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17 August 2008
Google changes its policy on keyword advertising
Google has announced a change to its policy on the use of trade marks as keywords. We discuss the impact on brand owners.
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17 August 2008
New rights for brand owners under the Companies Act 2006
On 1 October 2008 section 69 of the Companies Act 2006 is due to come into force giving a brand owner the right to object to a company name that is similar to a name in which the brand owner has goodwill.
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17 August 2008
New legislation for "unfair" trading practices
The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) came into force on 26 May 2008. In this article we look at the new rules for unfair trading practices, which apply to conduct before, during and after a contract is made.
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17 August 2008
New penalties for breaches of Data Protection Act
The Criminal Justice and Immigration Act 2008 has amended the Data Protection Act 1998 (DPA). This article looks at the changes including the tougher penalties imposed for breaches of the data protection obligations.
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17 August 2008
A reminder that careless words can be binding
In this article we look at the recent case of Bear Stearns Bank PLC v Forum Global Equity Limited which serves as a useful reminder that businesses should understand the implications of negotiating contracts on the phone.
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17 August 2008
Latest Scam - unofficial Intellectual Property registration services
The UK Intellectual Property Office has warned that several businesses seeking to protect their intellectual property and brand rights are increasingly being targeted by certain dishonest organisations.
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16 August 2008
Honest comparative advertising does not constitute trade mark infringement, rules ECJ
The ECJ has ruled that trade mark owners should not be able to sue for trade mark infringement in relation to honest comparative advertisements.
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06 August 2008
Boyes Turner a founding member of UK's first electronic Will database
Boyes Turner has become one of the founding members of certainty.co.uk - the UK's first fully electronic online Will register.
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05 August 2008
Insurers agree deal on provision of insurance to properties in flood risk areas
The recent floods have given rise to huge numbers of claims on the insurance industry by businesses and householders. Property partner Derek Ching at Boyes Turner takes a closer look at the recent deal made by the Association of British Insurers' with the Government.
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31 July 2008
Unreasonable delay does not prevent completion of a DDP
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31 July 2008
Justifying age discrimination
Employers who operate contractual redundancy schemes based on age and length of service should be aware of the EAT's decision in this case.
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30 July 2008
Council housing grants hit by crunch
Read

29 July 2008
Disability Discrimination extends to those associated with a disabled person
Employers should be aware of potential claims and particular care should be taken in relation to employees associated with disabled children/dependants to ensure that they are not discriminated against or treated less favourably because of their association with or care of a disabled person.
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27 July 2008
Proposed changes to the Construction Act should save the industry millions
Read

22 July 2008
Capacity to make a Lasting Power of Attorney
Lasting Powers of Attorney (LPAs) came into effect in October 2008. They enable a person to appoint one or more others to manage either their financial affairs and or their personal welfare.
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20 July 2008
If redundant employees are offered suitable alternative employment, and refuse it unreasonably, they may forfeit their entitlement to redundancy pay
A recent case from the EAT, Commission for Healthcare Audit and Inspection v Ward looks at the reasonableness of an employee's refusal of suitable alternative employment in a redundancy situation.
Read

15 July 2008
Developer escapes from overage minefield
Property partner Derek Ching looks at a recent case where a developer escaped liability to make overage payments.
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10 July 2008
VAT update - Changes to Option to Tax from 1 June 2008
Property lawyers Rachel Mclean reviews the impact of the new VAT rules to help clients avoid making costly mistakes.
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22 June 2008
Out of date wills leave loved ones with nothing
Results of a recent survey indicate that thousands of people in the UK do not have an up to date will.
Read

18 June 2008
Pre-action Disclosure: Hays forces ex-employee to disclose "stolen" client list before going to Court
Employment law partner, Barry Stanton, looks at a recent case where the High Court allowed pre-action disclosure in relation to a possible claim by an employer against an employee who had uploaded work contacts to a social networking site.
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17 June 2008
Protecting the future of your disabled child
On 17 June 2008, Caroline Wallis and Sophie Martin of the Wealth Protection team at Boyes Turner spoke to members of the Wokingham branch of Mencap who are all parents of a learning disabled child about protecting the future of their children when they are no longer able to care for them.
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16 June 2008
Accounts and Narrative Reporting - are you up to speed?
If your answer is "probably not" - you are not alone, writes Boyes Turner's Amanda Cantwell. Published in the June 2008 edition of the Thames Valley Business Magazine
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15 June 2008
Boyes Turner advises on acquisition of Talisman Technology Recruitment Limited
Boyes Turner has advised GCS IT Recruitment Specialists Limited on its acquisition of Talisman Technology Recruitment Limited for an undisclosed sum.
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12 June 2008
Award winning Boyes Turner named as a lead adviser to FTSE Group Eurofirst 100
Boyes Turner has been named by Chambers as one of the lead advisers to The FTSE Group Eurofirst 100 in its recent edition of Client Report.
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09 June 2008
Boyes Turner boosts Corporate group with ex-Eversheds hire
Boyes Turner has hired senior lawyer Evelyn Adfield, formerly of Eversheds LLP in Nottingham to join their growing Corporate group.
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09 June 2008
Boyes Turner boosts corporate recovery team with Pitmans hire
Boyes Turner has hired insolvency solicitor Katie Tait from Pitmans Solicitors in Reading to join their leading corporate recovery practice.
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08 June 2008
Employer's liability for third party acts of discrimination against employees
Read

08 June 2008
Developers thinking of changing employees terms
As the uncertainty of the property slowdown continues developers may wish to change some of their employees terms. Peter Daniel looks at the key points.
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22 May 2008
New rights for agency workers
On 20 May 2008, the Government agreed a deal between unions and employers that will give agency workers in the UK the same employment rights as permanent staff after 12 weeks of employment. Employment lawyer Helen Goss examines.
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21 May 2008
NetworkMediate - Annual Workplace Mediation Conference
Read

20 May 2008
Rates on empty buildings - government legislation backfires
Derek Ching, a property partner at Boyes Turner, looks at the impact of the Government's introduction of rates on empty buildings which was introduced in April this year, and what the new legislation means for investors, developers and occupiers.
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12 May 2008
The Issue of 'Airspace'
Landlords who wish to develop upwards above existing premises that are already let on long leases need to be aware that tenants have the right to first refusal on new leases.
Read

05 May 2008
Boyes Turner Hits Jackpot with Property Partner Hire
Boyes Turner has boosted its leading property practice with the hire of highly regarded Derek Ching from Veale Wasbrough Lawyers in Bristol. He was formally Head of Commercial Property at Clarkslegal LLP in Reading.
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01 May 2008
Boyes Turner Advises on Sale of Roster Management Limited to Innovise Plc
Boyes Turner has advised the shareholders on the sale of Roster Management Limited to Innovise Plc for an undisclosed sum.
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30 April 2008
Boyes Turner Short Listed for Five National Awards
Legalease, publisher of leading titles Legal Business, In-House Lawyer and the Legal 500 series, announced yesterday that their judging panel has short listed Boyes Turner for five awards in the annual UK Legal Marketing Awards.
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23 April 2008
Boyes Turner advises on Sale of Eggar & Co (Chemicals) Ltd
Boyes Turner has advised the Eggar family on the sale of Eggar & Co (Chemicals) Ltd to French chemicals distributor Safic-Alcan.
Read

23 April 2008
Statutory dismissal procedures - appeals cannot rectify previous errors
In a recent case which confirmed a redundancy dismissal, an Employment Tribunal made a valiant effort of applying some sense and value to the appeal stage of the Statutory Dismissal Procedure.
Read

21 April 2008
Boyes Turner advises on sale of The Platform Company to Lavendon Group plc
Boyes Turner has advised the majority shareholders on the sale of The Platform Company (Holdings) Limited to a subsidiary of Lavendon Group plc ("Lavendon") for an aggregate consideration in excess of £46 million.
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14 April 2008
Mobility Clauses in Contracts and Redundancy
The recent Court of Appeal case of Home Office v Evans is of particular interest as an alternative program to considering redundancy.
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14 April 2008
Agency Worker or Employee?
The Court of Appeal has recently given its judgment in the case of James v The London Borough of Greenwich on the vexed question as to when an individual is to be regarded as an employee rather than an agency worker. This question is important because it determines the extent of protection afforded to an individual by employment legislation. Only employees have the right to claim unfair dismissal and redundancy payments.
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10 April 2008
Boyes Turner Corporate Recovery - Delivering the Complete Service
Based in Reading, but with a practice covering various international jurisdictions, Boyes Turner's corporate recovery team is at the cutting edge of restructuring and insolvency work. This article, published in the Thames Valley Business Magazine in March 2008, looks at the market, trends and examples of how we have helped clients on specific cases.
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10 April 2008
Boyes Turner advises Clydesdale Bank on acquisition facilities for The Listening Company Limited
Boyes Turner has advised Clydesdale Bank on loan and security arrangements for The Listening Company Limited to fund the acquisition of The Essentia Group Limited and its subsidiary, Added Value Administration Limited.
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10 April 2008
Boyes Turner advises Guardian Media Group on acquisition of CFP Software Limited
Boyes Turner has advised Guardian Media Group plc on the acquisition, through its property services division GMG Property Services ("PSG"), of CFP Software Limited for an undisclosed sum.
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09 April 2008
Boyes Turner advises on sale of Southern File & Data Management
Boyes Turner has advised owner and founder, Mick Southern, on the sale of Southern File & Data Management to OASIS (Offsite Archive Storage and Integrated Services) Group - an Irish document and computer media storage provider which has some of the most extensive storage capacity and services in Europe.
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30 March 2008
Dismissal of a worker receiving IVF treatment can be Sex Discrimination
In the recent case of Mayr v Bäckerei und Konditorei Gerhard Flockner OHG the European Court of Justice held that the dismissal of a woman, if related to her IVF treatment, will amount to discrimination on the ground of sex contrary to the Equal Treatment Directive, since only women receive IVF.
Read

27 March 2008
Top Tips for Land Developers
Developer clients frequently come to us for advice on problems involving land that they wish to develop. We have never yet found any that are insurmountable says property lawyer Robert Daniel of Boyes Turner.
Read

27 March 2008
Boyes Turner lands 13 new lawyers in three months
In just three months and against a highly competitive recruitment market, Thames Valley heavyweight Boyes Turner has attracted 13 new lawyers.
Read

18 March 2008
Boyes Turner advises on Path Group MBO
Boyes Turner has advised the shareholders of the Path Group of companies on their recent sale to management backed by Beringea private equity funds.
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18 March 2008
Boyes Turner advises Five Arrows Commercial Finance on funding arrangements for Pin-It Pastry Limited
Boyes Turner has advised Five Arrows Commercial Finance Limited on the funding, property and inter-creditor arrangements for Pin-It Pastry Limited in connection with its acquisition of the business of Medway Foods Limited from its Administrators.
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13 March 2008
Immigration Changes - what employers need to know
For some time the government has indicated its plans to overhaul the current immigration regime in the UK and replace it by a simplified points based system, similar to the model used in Australia. Boyes Turner employment law experts Laurie Anstis and Claire Taylor discuss the impact for employers of the forthcoming changes.
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13 March 2008
Boyes Turner advises Guardian News & Media on sale of Money Observer
Boyes Turner advised Guardian News & Media on the sale of Money Observer magazine to Moneywise Publishing.
Read

11 March 2008
Boyes Turner advises Trader Media Group on sale of TNT magazine
A team led by Rachel Fitzpatrick, a corporate partner at Boyes Turner advised Trader Media Group (TMG) on the sale of Trader Media (TNT) Limited to Red Reef Media Limited for an undisclosed sum. The deal closed on 26 February 2008.
Read

03 March 2008
Energy Performance Certificates and Display Energy Certificates
This year sees the beginning of energy efficiency for commercial properties with the introduction of Energy Performance Certificates (EPCs) and Display Energy Certificates (DECs).
Read

28 February 2008
How to Protect your Wealth - In Plain English
Leading wealth protection lawyers Caroline Wallis and Ruth Meyer from Boyes Turner ran a highly successful seminar on Wealth Protection in conjunction with accounting firm Horwath Clark Whitehill.
Read

26 February 2008
Local expert Caroline Wallis on protecting your wealth
Caroline Wallis is regarded as the wealth protetcion expert for Reading by BBC Radio Berkshire. She was invited to appear on the Andrew Peach breakfast show in January 2008 to give listeners advice on wills and wealth protection issues.
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11 February 2008
Good News for Companies using Agency Workers
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07 February 2008
Dangerous Payments
Peter Daniel, a leading property development lawyer at Boyes Turner, points out why it is important for individual directors to obtain the informed consent of their Board members whenever they have a personal interest in a transaction.
Read

04 February 2008
Disability Discrimination Claims
Employers should ensure that they keep an open dialogue with employees and understand all the reasons behind any special requests made by employees for flexible working or other time off. Employers should also ensure that they are able to justify or innocently explain any decision made in response to an employee's request. Employers should also amend their equal opportunities policies and ensure that staff understand the implications of discrimination by association.
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28 January 2008
Tony Roe to set up specialist family law firm
Partner, Tony Roe, leaves Boyes Turner on 31 January 2008 to set up a specialist family law firm, Tony Roe Divorce & Family Law Solicitors, based in Theale, Berkshire.
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24 January 2008
All Change - Introducing Lasting Powers of Attorney
Published in Retired Magzine, January 2008.
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21 January 2008
Can someone who is not disabled bring a disability discrimination claim?
Read

16 January 2008
New clarity on the law of adverse possession
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15 January 2008
Increases to Statutory Limits - a reminder
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15 January 2008
Flexible Working: an update
Read

04 January 2008
Unfair Dismissal and Ill-Health Retirement
Read

14 December 2007
The Employment Bill, TUPE and "offshoring"
Read

13 December 2007
Boyes Turner advises on sale of Donatantonio
Read

13 December 2007
Corporate Governance service - the latest offering from Boyes Turner
Read

06 December 2007
Boyes Turner strengthens leading corporate practice with new partner
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03 December 2007
The trouble with TUPE
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26 November 2007
Connolly -v- Bellway - a useful reminder that negotiators can press an advantage too far in contract discussions
Read

19 November 2007
Illegal working - Employer's responsibility
Read

13 November 2007
Lasting Powers of Attorney (LPA)
From 1 October 2007, you are able to make a new type of power of attorney, called a ‘lasting power of attorney’ (LPA). A power of attorney is a legal document where a person gives another person or persons (the attorney) authority to make certain decisions on his or her behalf.
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13 November 2007
The best type of Will
The Chancellor announced new rules regarding Inheritance Tax (IHT). These rules alter the way that married couples or civil partners can use their IHT exemption allowances (nil rate bands) and are explained as follows.
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09 November 2007
What's in a name?
Read

08 November 2007
Mental Capacity Act 2005 and changes to the Court of Protection
The Mental Capacity Act 2005 (MCA 2005) brought with it changes to the Court of Protection and its administrative arm the Public Guardianship Office.
Read

06 November 2007
Keeping in touch days
The Paternity and Adoption Leave (Amendment) Regulations 2006 have introduced "keeping in touch" days.
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23 October 2007
Trust Issues
It was recently reported in Legal Week that trusts created by recipients of personal injury compensation awards will become the subject of a new tax regime. It is feared that the regime will prove costly and cause confusion to the most vulnerable and poorer sections of society.
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21 October 2007
Age Discrimination Regulations -an update on the Heyday case
Read

11 October 2007
Events after the submission of a grievance held to be not relevant
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07 October 2007
Gender Pay Gap
Read

02 October 2007
Meanings of 'best' and 'reasonable' endeavours
When negotiating contracts where either party is required to take action to achieve an objective advisers now need to be careful about "reasonable", "all reasonable" and "best endeavours".
Read

23 September 2007
Racial and Religious Hatred Act 2006 creates new criminal offence
Read

17 September 2007
How to calculate holiday entitlement from October 2007
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09 September 2007
Make sure you are prepared for the new act concerning corporate manslaughter
Read

02 September 2007
Quick guide to the Data Protection Act 1998
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02 September 2007
Beware of exclusion clauses in standard terms and conditions
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02 September 2007
Recovering wasted staff costs incurred as a result of another party's tort or breach of contract
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02 September 2007
Prevention of illegal working
Read

01 September 2007
Best, reasonable and all reasonable endeavours
Read

01 September 2007
Is a service provider a data controller or a data processor?
Read

26 August 2007
Employment law simplification?
Read

13 August 2007
Stress at work, time limits and restrictive covenants
Read

11 August 2007
Data protection and IT security
Read

05 August 2007
Commercial Agents' Regulations - issues for employers
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26 July 2007
Decline in Tribunal claims
Read

16 July 2007
Developer and landowner agreements
The outcome of the recent Berkeley Community Villages -v- Pullen case will assist developers who have entered into agreements with land owners to promote their site for planning. It will help to protect developers who have provided their expertise (with the intention of obtaining financial benefit if planning is achieved).
Read

15 July 2007
PILON Clauses (Pay in lieu of notice clauses)
Read

11 July 2007
Tariffs, Taxes and Regulation, or is there more to India?
Read

09 July 2007
Overseas company disclosure requirements
Read

19 June 2007
One week to the smoking ban -are you ready?
Read

14 June 2007
Patent Auction phenomenon arrives in Europe
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10 June 2007
The Mystery of the Euro Bank Note: A Strange Case of Patent Infringement
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10 June 2007
Parallel imports of cigars: Montecristo out for the count
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10 June 2007
Employer Enforces Compromise Agreement Warranty Clauses Successfully
Read

06 June 2007
Company Directors in the clink for IP infringement?
Read

06 June 2007
Bargain Basement in Alicante: Cheaper Community Trade Marks
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04 June 2007
Commercial Agents' Regulations - Certainty at Last?
Read

14 May 2007
Rights to light
Useful guidance on this complex topic has recently been given in two recent cases Regan - v- Paul Properties 2006 ("Regan") and Tamaris - v- Fairpoint Properties 2007 ("Tamaris").
Read

08 May 2007
Overage clauses - Connolly -v- Bellway
Read

04 April 2007
The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations
Read

02 April 2007
Lasting Powers of Attorney (LPAs)
An LPA is a document which allows a person (the donor) to appoint one or more persons (the attorney) to manage their affairs. They have been introduced under section 9 of the Mental Capacity Act 2005 (the Act) and this part of the Act dealing with LPAs will be effective from 1 October 2007.
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01 April 2007
Terminating a contract for breach
Read

01 April 2007
Adwords -are they legal
Read

01 April 2007
Changes to UK trade mark procedure
Read

01 April 2007
Company disclosure requirements
Read

01 April 2007
Buying and selling customer databases
Read

31 March 2007
Business Magazine Thames Valley April 2007 - Return of the trade buyer
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31 March 2007
Corporate UK Volume 2 Issues 10 April 2007 - MICROS Systems acquires Redsky businesses
Read

28 March 2007
Commercial Agents: Calculating Compensation
Read

25 March 2007
Abolition of Statutory Dispute Resolution Procedures
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20 March 2007
Village Greens
Briefing Note.
Read

09 March 2007
The Importance of Making a Will
Caroline Wallis, Head of Wealth Protection group, was recently invited to talk on BBC Radio Berkshire’s Andrew Peach Breakfast Show.
Read

05 March 2007
Expired disciplinary warnings in dismissals and new annual leave proposals from the Government
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01 March 2007
Lease break clauses - The Court of Appeal gives guidance
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01 March 2007
Planning - recent news for developers
Briefing Note.
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01 March 2007
Enforcement of unwritten contracts
Briefing Note.
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01 March 2007
Access to country properties - common land problems by another name?
Briefing Note.
Read

01 March 2007
Village Greens - good news and bad news for developers
Briefing Note.
Read

01 March 2007
Rights of light - developers beware
Read

01 March 2007
Reasonable Endeavours
Read

28 February 2007
Restrictive covenant update
Read

26 February 2007
Employment status - Looking beyond the Contract
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22 February 2007
Development in breach of condition
Read

13 February 2007
The liability of employers to employees for illness arising from work related stress
Read

06 February 2007
Revised Construction Industry Scheme
Briefing Note:
Read

05 February 2007
New Euro-law review
Read

01 February 2007
Mergers & Acquisitions February/March 2007 - Moving on
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11 December 2006
Age Discrimination regulations challenged
Read

01 December 2006
Corporate UK Volume 2 Issue 6 December 2006 - Trader Media Group acquires Vebra
Read

24 November 2006
Unfair Dismissal Compensation and Redundancy Payments for 2007
Read

13 November 2006
Collective Redundancies and Protective Awards
Read

01 November 2006
Law relating to fire protection
Read

23 October 2006
'without prejudice' settlement discussions, are they admissible in court?
Read

15 October 2006
Case law: Chairman and Governors of Amwell View School v Dogherty
Chairman and Governors of Amwell View School v Dogherty
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09 October 2006
Enduring Powers of Attorney and Changes in the Law
The changes to Enduring Powers of Attorney (EPAs) have been brought about by the Mental Capacity Act 2005 which will come into force on Monday 1 October 2007.
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08 October 2006
Work and Families Act
Read

02 October 2006
Free Wills Fortnight
Boyes Turner recently played a part in a Free Wills Fortnight scheme run by Capacity Marketing and in conjunction with a number of charities.
Read

01 October 2006
The Dawn of a New Age
Read

30 September 2006
Mergers & Acquisitions October/November 2006 - Trader Media buys Vebra
Read

30 September 2006
Corporate UK Volume 2 Issue 4 October 2006 - Marsh & Parsons acquires Vanstons
Read

30 September 2006
Ensuring the Price is Right
E-commerce laws provide retailers with flexibility to decide when a contract is formed, but that flexibility must be both transparent and clearly signposted.
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30 September 2006
The war against Internet piracy reaches a new level
Read

30 September 2006
Protect your Intellectual Property
Read

30 September 2006
Spyware - another shot in the armour
Read

30 September 2006
What is a Commercial Agent?
Read

30 September 2006
Freedom of Information Act 2000
Read

25 September 2006
Planning for your Children
Ruth Meyer and Sophie Martin of the Wealth Protection Team, in association with Mencap have just completed a successful seminar. This focussed on planning for your child’s future through Wills and trusts.
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25 September 2006
Reading Pride Festival 2006
As sponsors of this annual event, Boyes Turner’s Family and Wealth Protection groups were there in force making sure that all areas of the community have access to first class legal services.
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24 September 2006
Bullying at work - the latest
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14 September 2006
Stress at work-the latest
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07 September 2006
Have you checked your benefits comply with the new age regulations?
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07 September 2006
STOP PRESS - Age discrimination rules on pensions postponed
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03 September 2006
Mutuality of obligation, mediation and religious discrimination
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24 August 2006
Contractors / Employees - The Double Tax Risk of Contractors
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15 August 2006
No duty to pay full pay to disabled employee when off sick
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13 August 2006
New Maternity and Family Friendly Rules
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06 August 2006
Recent employment law cases
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30 July 2006
Case Law Update
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25 July 2006
Communication security - the balance of employer requirements and employee rights
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04 July 2006
Consumer Credit Act 2006
The 2006 Act is the biggest overhaul of consumer credit legislation since the Consumer Credit Act 1974.
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04 July 2006
.EU Domain Names
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04 July 2006
Artists' Rights Extended
Read

04 July 2006
TUPE has changed
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03 July 2006
How will the Data Retention Directive affect you and your business?
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02 July 2006
Curing Defects in the Disciplinary Procedure
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10 June 2006
Express entitlement
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31 May 2006
Business Magazine Thames Valley June 2006 - Hunger for management buyouts and strategic investments is there
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30 May 2006
Information and Consultation is coming your way...
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15 May 2006
The World Cup is nearly here - but are your staff?
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01 May 2006
Living Now, Planning for the future. A Checklist for the Single Parent (OneUp Magazine)
More children in Britain live in single parent families than almost anywhere else in Europe, according to a recent survey. A quick checklist can help you plan for the future financial security of your family.
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23 April 2006
I don't like (Bank Holiday) Mondays - or do I?
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09 April 2006
The Equality Act 2006
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02 April 2006
Additional paternity leave proposals
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31 March 2006
Mergers & Acquisitions April/May 2006 - MBOs
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26 March 2006
A points-based system: Making migration work for Britain.
Briefing note:
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26 March 2006
Rolled-up holiday pay
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20 March 2006
Is your business prepared for age discrimination regulations?
"Four out of five employers have taken no steps to prepare themselves for new age discrimination legislation due next year, research shows." (Personnel Today)
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13 March 2006
Agency workers
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13 March 2006
Points-based immigration
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06 March 2006
Part-time working regulations
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06 March 2006
Working Time Regulations
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21 February 2006
Multiple lettings warning to landlords
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21 February 2006
Nuisance Covenants
Briefing note:
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21 February 2006
Tenancy deposits
Briefing Note:
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21 February 2006
Stamp Duty and Land Tax trap
Briefing Note:
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21 February 2006
Payment for release of restrictive covenant
Briefing Note:
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21 February 2006
Abolition of fire certificates
Action point - Clients who think they may be affected by the regulations should take advice so as to have their risk assessments and appointment of fire safety professionals in place before 1 October 2006.
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21 February 2006
Title by adverse possession
Briefing Note:
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21 February 2006
Land Registry lease chances
Briefing Note:
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20 February 2006
Statutory Grievance
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20 February 2006
New TUPE Regulations are out!
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06 February 2006
New TUPE regulations
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30 January 2006
Foreign Service
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09 January 2006
Employment Law: Review of 2005
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12 September 2005
Recent changes in planning law
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21 June 2005
Lloyds TSB Commercial Finance selects Boyes Turner to its panel
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09 June 2005
Boyes Turner remains on Barclays legal panel following panel review
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31 May 2005
Mergers & Acquisitions June/July 2005 - Job for the Boyes
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07 March 2005
Liquidated damages clauses in construction contracts
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01 March 2005
Why retain retention clauses?
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14 February 2005
Possessory title
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09 February 2005
Breach of covenants
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01 February 2005
The Freedom of Information Act
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18 January 2005
Well managed terms and conditions
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07 January 2005
Boyes Turner receives double accolade
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