Articles
January 2016
New Rules For Assured Shorthold Tenancies
Author: Laura Marchington
The Deregulation Act 2015 (“the Act”) received Royal Assent on 26 March 2015. The Act contains a mixed bag of provisions from landlord and tenant to transport and health & safety and child and trust funds. It was billed to simplify regulation and iron out a number of glitches in the law but due to the pace it was rushed through Parliament, it is questionable whether this has been achieved.
January 2016
Combat Property Fraud
Author: Caroline Walton
In an attempt to combat property fraud, the Land Registry have introduced an alert service called 'Property Alert' which is aimed at helping the public to protect themselves against property fraud.
December 2015
Construction Design & Management Regulations 2015
Author: Stephanie Tilley
The Construction Design and Management Regulations (CDM Regs) of 2007 have been revised by the CDM Regs 2015 and these changes, which took effect on 6th April 2015, relate to the management of Health & Safety on construction, engineering and property projects and developments, and the extension of the responsibilities and obligations to affect domestic projects. Criminal and civil sanctions continue to attach to any breaches.
November 2015
Sharland & Gohill - "Fraud Unravels All"
Author: Tyne Harman
In the recent cases of Sharland and Gohill, the Supreme Court ruled that Mrs Sharland and Mrs Gohill could re-open their financial cases on the grounds of their ex-husbands’ fraudulent disclosure of their respective finances.
November 2015
The Myth of the Common Law Spouse
Author: Sarah Gillen
You might be surprised to learn that since 2005 cohabitation has increased by approximately 33% compared to an approximate 2% increase in marriage. Some of the reasons for this could be that people are giving higher priority to achieving financial independence, getting a foot on the property ladder or having children over marriage. In addition, there no longer appears to be any stigma attached to cohabitation or starting a family outside of wedlock. Even Prince William and Kate Middleton cohabited prior to marrying which would have been unheard of a generation before.
November 2015
The Alternatives to Taking a Dispute to Trial
Author: Angus Storar
Recently, a Ministry of Justice poll of Court users for 2014/2015, showed that 70% of all Claimants had attempted to resolve their dispute directly with their opponents and of those Claimants, 68% would have rather avoided making a Court claim and the expense of litigation..
November 2015
Employers Liable for Staff Who Drive at Work
Co-Authors: Matthew Kilgannon and Daniella Magennis
BACKGROUND
Many employers are oblivious to a very important legal responsibility; protecting the health and safety of employees who drive at work.
November 2015
Consumer Rights Act 2015 : What You Need to Know
Co-Authors: Neil Pfister and Daniella Magennis
BACKGROUND
The Consumer Rights Act 2015 (the Act) came into force on 1 October 2015, marking the most significant overhaul to UK consumer law since the Unfair Contract Terms Act 1977. Prior to the Act most UK consumer legislation dated back 30 years - a time when online retailers were yet to exist and digital content was a far cry from the multimedia hypermarket that we have at our fingertips today. In addition, consumer law was overly complex and ambiguous with much overlap between the various pieces of relevant legislation. Indeed, inconsistencies emerged in some cases where UK consumer law was found to conflict with EU law.
October 2015
Court Fees - The New Landscape
Author: Martin Steer
The issue fees for all civil claims above £10,000 are now calculated at 5% of the value of the claim subject to a maximum Court fee of £10,000 and Claims of £200,000 or more will cost £10,000 to issue.
October 2015
How Safe is 'Safe-Harbour'?
On 6 October, the Court of Justice of the European Union (CJEU) issued its decision that has far reaching implications on businesses that transfer personal data to the United States. It held that the European Commission’s decision on 26 July 2000 that personal data can be transferred to the United States where organisations sign up to the ‘Safe-Harbour’ data protection principles, was invalid.
