Recovery of Landlord’s Legal Expenses Through Service Charge
The Upper Tribunal (Lands Chamber), has recently overturned the decision of the Leasehold Valuation Tribunal, and has held that a residential landlord was entitled to recover legal expenses it had incurred in dealing with a party wall issue as part of the service charge.
Spring 2015 sees the introduction of another crop of employment law changes. If you are confused by the upcoming legislative changes and not sure when your organisation should start implementing new policies or training for managers, we have prepared a Top 10 chart of what to watch this Spring.
In April 2013 reforms came into effect pursuant to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”) resulting in a ban on recovering after-the-event insurance premiums and success fees from losing parties, save in respect of insolvency proceedings and mesothelioma claims.
Guidance note for owners of land infested with Japanese knotweed
Obviously the normal rule of 'caveat emptor' (buyer beware) applies in relation to any property transaction and the seller or landlord is not under a duty to disclose any information regarding the physical condition of the property. Standard Enquiries go some way to deal with this, but a prudent buyer should make specific enquiries about any presence of japanese knotweed.
Misrepresentation in adjudication nomination process
There are frequently cases in the Technology and Construction Court in which parties seek to avoid enforcement of adjudicator’s decisions by way of summary judgment. The recent case of Eurocom Ltd v Siemens plc  was one such case. Allegations are often made in such proceedings that the adjudicator has breached the rules of natural justice or decided the same or substantially the same issue as had been decided in a previous adjudication and that was the case here.
Council section 106 monitoring fees declared unlawful
The High Court has handed down judgement in a planning law case which may have significant impact on planning authorities’ conduct of negotiations of planning obligations under section 106 of the Town and Country Planning Act 1990.
Meaning of “Establishment” – Advocate General gives his opinion
The on-going saga in the “one establishment” debate in collective redundancy cases has taken another twist with the Advocate General expressing an opinion that EU rules on collective consultation do not require employers to count all potentially redundant employees across the whole business when considering if the potential numbers of redundant employees reaches 20 or more. Instead, employer’s need only consider an individual “local employment unit”.
Abuse of social media – Employee dismissed fairly for posting offensive tweets
The Employment Appeal Tribunal (EAT) recently handed down an interesting judgment involving an employee’s misuse of Twitter. The case remains a compelling example of how Twitter should, or should not, be used by employees and the importance of employers having a clear social media policy.