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.
Creditor and debt relief order levels to be increased
The Department for Business, Innovation and Skills (“BIS”) has this week announced that it will be raising the minimum level of debt required for a creditor to issue a bankruptcy petition against an individual.
Contractual Disciplinary Procedure – A Word of Warning!
Does your business have a contractual disciplinary procedure? A salutary case from the EAT warns employers of the dangers of having contractual disciplinary and appeals procedures. Check your policies now!
Could obesity be considered a disability under European equality laws?
We report on a recent case from the European Court. The claimant was employed as a child-minder for the Municipality of Billund in Denmark. He was dismissed on the grounds of redundancy; however, the claimant argued his selection for redundancy was because of his weight and was therefore discriminatory.
A recent case of Bacciottini and Cook –v- Gotelee & Goldsmith (a firm) is a salutary reminder that not all negligence claims are worth pursuing, not even if breach of duty (liability) has been admitted.