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Commercial News

The articles here relate to issues faced by businesses

Working as clinical negligence lawyer

Kimmo Boote
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As part of its ongoing drive to reduce the NHS’ annual budget of £115 Billion by £5 Billion, the Department of Health recently looked at reducing the costs of clinical negligence claims against the NHS – including the introduction of...

"Partridge v Gupta: Sufficient notice of proceedings under CPR"

Chris Hall
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The Court of Appeal has recently decided on what constitutes sufficient notice of proceedings under Part 83.13 of the Civil Procedure Rules. CPR 83.13 is the mechanism by which a landlord may apply to the High Court for permission to issue a Writ of...

Late Payment Of Indemnity Insurance Monies

Luke Coleborn
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Paying indemnity insurance monies “within a reasonable time” All contracts of insurance and reinsurance that are incepted, varied or renewed from May 4, 2017, are now subject to an implied term that the insurer will pay valid insurance claims...

Impending Energy Efficiency Regulations

Beverley  Nias
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With 10 months until these regulations come into force are you certain your landlords are prepared? Now is definitely the time to take action. First came “The Energy Performance of Buildings (Certificates and Inspections) (England and Wales)...

Succession to a Tenancy under the Rent Acts

Chris Hall
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It is now more than 28 years since the Housing Act 1988 came into force, introducing with it the Assured Tenancy and foreboding an end to the ‘regulated tenancies’ of the past.  I dare say that there are many reading this article that were...

Repair or Refurbishment? How would you rate it?

William Warnock
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The Supreme Court have handed down judgement of significance to developers and freehold owners in Newbigin (Valuation Officer) v S J & J Monk [2017] UKSC 14 confirming whether or not Non Domestic Rates are payable on commercial property during a...

Maximising Profits from Residential Flat Developments

William Warnock
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What is becoming ever more apparent in the world of residential developments is the squeeze on developers’ profit margins due to high demand for sites and increased competition this brings. Getting the right property at the right price is key for any...

Dutton Gregory is delighted to sponsor Dorset Venus Awards 2017

Sue Murphy
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Dutton Gregory is delighted to be sponsoring the Dorset Venus Awards (Small Business Category) for the fifth year running.  The Awards celebrate the vital contribution that women in business make to the local, regional, and national economy. In...

Double celebration for Dutton Gregory

Sue Murphy
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Regional heavyweight law firm, Dutton Gregory, has a lot to shout about this year.  Not only is the firm celebrating its 70th birthday, but also it has just signed a deal to take a new office in Chandler’s Ford, Hampshire. The continued success...

Almost Vacant Might Not be Vacant Enough

William Warnock
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Commercial landlords and tenants are likely to have come across the term “vacant possession” in a number of legal documents such as sale contracts, leases rent review clauses and break clauses. Most landlords and tenants alike believe they know...

Rentcharges; Draconian Rights Back with a Vengeance

William Warnock
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Rentcharges, a rarely encountered quirk of English property law dating back to the 1800s, need careful consideration following a recent Upper Tribunal case. A rentcharge over land secures the payment of money due to the “rent owner”. Popular in...

Commercial landlords: is your investment property sustainable?

William Warnock
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Commercial landlords and property agents alike might be surprised to discover that from April 2018 it may be unlawful to let non-domestic property with an Energy Performance Certificate rating lower than E. The Energy Act 2011 sets minimum energy performance...

Commercial Insurance Changes 2016

Andrew Tilley
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The commercial insurance market, which is set for its biggest overhaul since 1906, saw the introduction of the Marine Insurance Act, which gradually formed the basis for commercial policies in both marine and non-marine contexts. Whilst that Act will...

Dutton Gregory On The Move

Sue Murphy
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Regional heavyweight law firm Dutton Gregory is expanding which has led to a string of new promotions and plans to relocate to larger modern offices. Following new business acquisitions over the past 2 years, annual turnover of more than £8M and now...

Dutton Gregory Supports Women in Business

Sue Murphy
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Once again the response to this year’s Dorset Venus Awards has exceeded all expectations with 521 nominations and 358 applications received in one or more of the 15 categories.   The Awards celebrate the vital contribution that women in business...

Dutton Gregory in Partnership with Ageas Bowl

Sue Murphy
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Dutton Gregory is delighted to announce a new partnership with the Ageas Bowl. A one-year sponsorship deal has been agreed whereby the Dutton Gregory logo will appear on the collar of Hampshire's Natwest T20 Blast and Royal London One-Day Cup shirts...

Dutton Gregory wins two prestigious Hampshire Law Society awards

Sue Murphy
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Dutton Gregory is delighted to announce that it is the recipient of the Hampshire Law Society's 'Large Law Firm of the Year' award for 2016.   In addition one of Dutton Gregory’s Clinical Negligence team, Victoria...

New President at the Bournemouth & District Law Society

Carol Maunder
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Dutton Gregory, solicitors, is delighted to announce the appointment of Carol Maunder to the role of President of the Bournemouth & District Law Society. Carol is a partner at Dutton Gregory, solicitors and Head of the Clinical Negligence Department...

Dutton Gregory Supports The British Grooms Association

Mark Broad
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Dutton Gregory are delighted to be sponsors of the British Grooms Association . Focusing soley on the Employers Zone, Dutton Gregory has been recruited to enhance the advice and support that the BGA gives to those that employ staff.  Lucy Katan, BGA...

Video - Everything you need to know about Section 21 Notices

Ryan Heaven
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Our first legal update video is live. Ryan Heaven, Paralegal – Landlord & Tenant Department discusses Section 21 Notices generally with reference to the changes introduced by the Deregulation Act on 1st October 2015. You can read the...

Retaliatory Evictions - A Pre-Emptive Strike?

Ryan Heaven
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The Deregulation Act introduced a swathe of new requirements relating to Section 21 Notices on 1st October 2015. For tenancies beginning on or after this date, the issue of Retaliatory Eviction can be raised by Tenants which can scupper a Section 21 Notice. ...

The Public Interest of Collective Grievances

Luke Coleborn
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It seems that a complaint about a specific term of an employment contract, provided it affects more than just one individual, can be in the ‘public interest’ for the purposes of the newly amended whistle-blowing provisions under section 43B(1) of...

House of Commons Statement - Landlord & Tenant

Robert Bolwell
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Robert Bolwell, partner and head of the Landlord and Tenant department made the following statement to the House of Commons this week. They are looking into compulsory client money protection for letting agents. "A recurring problem which our...

Robert Bolwell Appears as Resident Legal Expert on BBC Watchdog Rogue Traders

Robert Bolwell
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Robert Bolwell, partner and head of department (Landlord and Tenant), appeared on last week's BBC Watchdog giving advice on tenancy arrangements.  If you missed the show, you can watch it on BBC iPlayer here . Should you need any further advice...

The key limits to HR's advice to a manager conducting disciplinary proceedings

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When could HR guidance to a dismissing or investigating officer in disciplinary proceedings result in a finding of unfair dismissal. This issue was considered by the Employment Appeal Tribunal (EAT) in the case of Ramphal v Department for Transport. A...

Is travel time working time?

Luke Coleborn
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In a preliminary ruling, the European Court of Justice has held that time spent travelling between home and work is, in certain circumstances, to be regarded as ‘working time’ for the purpose of European – and by extension, UK law. A...

Changes to employment law - the shifting sands

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Employment law rarely stays the same for very long and it is about this time of year that we see new changes being introduced by the Government.  There have been a number of developments in the law and some interesting initiatives loom on the horizon. ...

What You Need to Know About: The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Ryan Heaven
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The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 . What do I have to do? If you are a Landlord or a Letting Agent in England you will need to ensure compliance with the following:- All privately rented properties with tenant(s) in as of 1st...

The Importance of Understanding the Interaction Between Planning & Licensing System

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Gold Kebab Ltd v Secretary of State for Communities and Local Government [2015] All ER (D) 48 (Sep) serves as a useful reminder to food and drink retailers not to place undue reliance on the licensing regime to assist in obtaining planning permission. Five...

Muddy Waters: Your Legionella Duty

Ryan Heaven
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The Health and Safety Executive’s (HSE) decision to include domestic water storage units in their scope for Legionella risk assessments has resulted in massive confusion as to what the duty actually is for managing agents and landlords. Previously...

Rogue Employers to be Hit From All Angles

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The government’s immigration minister, James Brokenshire MP, has suggested an autumnal wave of checks and raids on “rogue employers” who employ illegal migrants, particularly those in the construction, care and cleaning sectors. Reacting...

CALL TO TIER 2 SPONSORS

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The Migration Advisory Committee (MAC) is reviewing the Tier 2 visa route. Your input as a Tier 2 sponsor is vital to this process. Some of the options being considered are: Limit the time that occupations remain on the shortage occupations list ...

What does the Deregulation Act 2015 mean for Landlords?

Gina Peters
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Since 6 April 2007 it has been compulsory for a landlord to join a TDS (tenancy deposit scheme) where a deposit has been paid by the tenant on creation of an AST (assured shorthold tenancy). Section 32 of the Deregulation Act 2015 inserted section 215A into...

Immigration Law Essentials: Maritime Business

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The UK is home to a wide variety of maritime and sub-sea businesses, from the pleasures of cruise ships to the engineering tech of oil exploration. How can you make the most of the UK’s immigration laws, to develop international talent and investment...

Immigration Raids and Fines: Tips for Business

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There has been a sharp increase in the number of businesses being targeted by immigration officers, acting on “intelligence”. Almost twice as many people suspected of being in the UK unlawfully were arrested in 2014 as in 2011. Immigration...

Tier 2 Sponsorship: CoS Allowance Update

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This year some sponsors qualify for an automated renewal of their allocations of Certificates of Sponsorship. The Home Office should notify your Authorising Officer if you are eligible for this: check for any emails received, including...

New Year Employment Quiz

Stuart Seagrove
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Take part in our short employment quiz for a chance to win a bottle of champagne or a money off voucher. Follow the link below to enter. https://www.surveymonkey.com/s/HNSY538 Deadline for entries: 1/02/15...

High Court Enforcement Officers

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The Sheriffs are Coming, BBC’s award winning daytime television show, has shone a brief aperture of light on the much misunderstood world of the High Court Enforcement Officer (HCEO) – previously known as Sheriffs until reforms in 2004. Their...

Latest Legislation Updates - Property Litigation

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CHANGES TO CONSUMER LAW IN THE UK – CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013 From 13 June 2014 the above Regulations (CCR) came into force replacing the previous law on distance selling and doorstep...

Human Rights and Possession Orders

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Familiar to many landlords of private residential dwellings is the unruly tenant, bent on remaining in a property even after a valid Section 21 Notice for possession has been presented.  Such tenants can cause even the most law-abiding landlord a...

A Quiz for HR Professionals

Stuart Seagrove
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Welcome to the first in a series of short multi-choice quizzes designed to test your knowledge of all things HR! Answers to this week's quiz will appear on our site on Thursday (24 July).   Good luck! 1.  For the purpose of calculating...

EAT Gives Guidance on Burden of Proof in Discrimination Cases

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Over the years, case law regarding the burden of proof in race discrimination claims has led to much confusion. Under the  Equality Act 2010 , which superseded the  Race Relations Act 1976 , if there are facts from which the Employment Tribunal...

Guarantee Voided by Forged Signature

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The pitfalls of not getting documentation exactly right have become all too clear for a lender  following a recent Court of Appeal hearing . The case arose because the lender wished to rely on the guarantees given over a debt by a group of guarantors. ...

Unforeseeable Risk Means No Liability

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The owner had warned her not to wear her long coat, as there were exposed moving parts at the rear of the go-kart. She had removed the coat but continued to wear a scarf, which became entangled in the engine, causing her injuries. The argument that the...

Ahead of the curve: UK/India opportunities in 2014 and beyond

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As the drive for UK/Indian business cohesion marches forward, it’s important for investors, business and Governmental officials to get ‘back to basics’ and fully assess the key areas of growth for 2014. Although glaringly obvious to many,...