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The articles here relate to issues faced by businesses

The 'Stamp Duty Holiday' - Can you get a refund from your recent purchase?

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Following on from the Chancellor’s announcement in July on the immediate but temporary changes to Stamp Duty Land Tax (“SDLT”) , the most common question now will be whether you can obtain a refund if you completed prior to this date. ...

Certainty in these times of uncertainty... or is it just more uncertainty?

Emma Honey
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Last week preparations were being made by landlords, agents and their legal representatives to finalise reactivation notices to file at court and serve on tenants from the 24th August, to re-start possession claims.  Little government guidance was...

John Lewis: Never Knowingly Underdeveloped

Denise Bull
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Last week, it was announced that retailer John Lewis is planning to turn retail space it no longer needs into mixed-use affordable housing . This would see commercial retail estate repurposed to, what John Lewis chairwoman Dame Sharon White described as,...

Leasing Industrial Units - What To Be Aware Of

Rachel McNulty
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When looking to take a lease of an industrial unit, there are a lot of potential pitfalls. We've put together a checklist to give you peace of mind. The following list are some areas to be aware of: What is the permitted use?  Identify...

Business Interruption Insurance and COVID-19: Your Questions Answered

Chris Hall
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Due to furlough, this is my first Five Fact Friday for some weeks. It would be remiss not to produce an article about the thing that is occupying the minds of most people at the moment (Hint: No, I’m not talking about Tiger King!)  ...

Dutton Gregory welcomes two new Equity Partners

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Local law firm Dutton Gregory celebrates the appointment of two new Equity Partners, Head of Litigation, Andrew Witt , and   Head of Residential Property, Paul Sams. With both Partners joining the firm in recent years, staff, clients and friends...

Virtual signing for property transactions during the coronavirus pandemic

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As much as we have been operating ‘business as usual’ during lockdown, the need for social distancing has, naturally, impacted the process for signing and returning original legal documents to solicitors. Without signed original legal documents,...

5 Lockdown Questions With Daniel Glass - Personal Training For Everyday Living

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Dutton Gregory's Head of Conveyancing Paul Sams hosts " 5 Lockdown Questions With "! In light of recent events, Paul speaks to industry experts across the South to find out how they are handling the lockdown, both personally and...

Coronavirus - Student tenants during lockdown

Gina Peters
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The government introduced measures on 26 March 2020 to prevent tenants in the private rental sector (PRS) from being evicted during the COVID-19 pandemic. For some, the measures are not extensive enough. Is this the case for our student population? With...

Coronavirus - Now is the time to transfer property and save tax!

Jeremy Tucker
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Transfers of certain types of property, to anyone other than a spouse, will generally mean you have to pay capital gains tax as if you had sold the property at its market value.  Adding to that pain, any taxable capital gain arising for disposals...

Commercial landlords and tenants: what do we do once the lockdown ends?

Denise Bull
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With the government confirming today (16 th April) that the lockdown restrictions will continue for at least another three weeks, it is still uncertain as to when and how this situation will be resolved. For most properties, the exact solution will be...

Commercial Litigation Update: advice for directors and business owners during coronavirus

Andrew Witt
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As we approach the end of the 4th week of lockdown within the UK, it is an opportune moment to review what steps company directors and/or business owner should have already taken and what they may expect in the coming few months. What should you do now? ...

Coronavirus FAQ - Furloughing

Mark Broad
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Furloughing is the latest focal point in employment law but what is it and what does it mean for both employers and employees? Partner and Head of Employment Mark Broad answers some of the most common questions around this topic. UPDATE...

Coronavirus - Options on non-payment of rent for commercial landlords

Claire Bunton
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Since the outbreak of the coronavirus pandemic, the government has made a number of measures available for commercial tenants to assist them at this difficult time.  Such measures include the temporary abolition of business rates, the deferment of VAT...

Coronavirus - Should you agree a rent concession?

Rachel McNulty
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In these difficult times, many commercial tenants will be asking their landlord for a form of rent concession, whether that takes the form of a reduction, deferred rent, having a rent or service charge holiday or paying monthly As a landlord, it is entirely...

Coronavirus Act 2020: Section 82 - Business tenancies in England and Wales: protection from forfeiture etc

Denise Bull
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Few of us would have imagined even a few weeks ago that I would be writing an article with the title above. We live in strange times. The purpose of this article is to give some advice to commercial landlords and tenants about what the Coronavirus Act 2020...

Coronavirus - Permitted development rights for takeaway services

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On Tuesday 24 th March, the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 came into force, bringing into effect the Government’s announcement that restaurants and drinking establishments may temporarily...

Coronavirus - Landlord & Tenant Update (26th March)

Robert Bolwell
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It’s been another challenging week for agents, landlords and just about everyone in the lettings industry . Late on Wednesday, the government’s emergency legislation passed into law, when the royal assent was given to the Coronavirus Act...

Coronavirus - Advice for Commercial Landlords & Tenants

Denise Bull
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COVID-19 is changing the face of the legal workplace. Lawyers and their clients are going to have to adapt rapidly. What does this mean for commercial landlords and tenants ? All the advice and guidance we have seen so far relates to the residential...

Coronavirus - Possession Claims Explained

Ryan Heaven
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The Government have stated their intention to protect tenants during the coronavirus outbreak by stopping any new possession claims from being issued at court. At the time of writing (Monday 23 rd March), the final wording of this legislation has not been...

Coronavirus - Your Landlord & Tenant Questions Answered

Robert Bolwell
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We are now over a week into the official coronavirus pandemic and the pressure on managing agents is increasing exponentially from all quarters. Last updated: 20/03/2020 Despite the pronouncements by Boris in recent days, there is still no clear...

Dutton Gregory Supports New Community Initiative

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In light of recent events, there has never been a more crucial time for communities to join together and offer help and support to those affected. As such, we are thrilled to announce our partnership with award-winning digital enterprise aDoddle ...

Dutton Gregory strengthens Litigation team with new Partner announcement

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Dutton Gregory is pleased to announce the appointment of Adrian Griffiths as Partner. Adrian first began his legal career at Dutton Gregory, training and qualifying as a solicitor in 2004. He now returns after working with firms in London and Reading. ...

Dutton Gregory Strengthens Poole Presence

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We are thrilled to announce the recent move of Residential Conveyancing expert Helen Phillips to our Poole office, adding to our strong reputation in the property market. Helen is a Senior Associate & Chartered Legal Executive, with a wealth...

New Partnership With Dorset's Largest Bowls Club

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Dolphin Indoor Bowls Club , one of the largest bowls clubs in the UK, have partnered with Dutton Gregory Solicitors as their new Club Sponsor for the next 3 years. The club hosts over 1000 members, and is a fantastic meeting point for those of all...

Head of Personal Injury Wins National Award

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Emma Menzies , head of our award-winning Personal Injury team , has been awarded the title of " Defendant Lawyer of the Year " at the National Personal Injury Awards . Emma was praised as a “ model professional ", and the...

Dutton Gregory Ready To Get Back On Board At Southampton Sailing Week!

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Southampton Sailing Week 2020 will have the same Property and Legal Cup Sponsors as the 2019 event as Dutton Gregory are set to return. The leading solicitors, who operate out of six offices across the country including Southampton, Winchester and...

Airbnb and Assured Shorthold Tenancies: What can a landlord do?

Tom Whatley
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Since being founded in 2008, Airbnb has gone from the complete unknown to having hosted roughly 400 million guests worldwide. Surprisingly a year after its launch, the company was struggling to break-even but now has 31 offices and is estimated to have more...

£57,938 raised by Propertymark team in aid of homlessness

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Over 100 Propertymark agents and supporters, including Dutton Gregory Senior Partner Robert Bolwell, took part in a charity sleep out to raise £57,938 to support homeless young people in the UK. On the 21 st November, a team of over 100 individuals,...

Regional Law Firm becomes Finalist for National Awards

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Dutton Gregory Solicitors , a growing regional practice offering legal expertise across Dorset and Hampshire, has become a finalist for four separate categories at this years’ Personal Injury Awards 2019. The Personal Injury Awards are...

Commercial Service Charge: what do you need to consider?

Rachel McNulty
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Generally, service charge provisions in a lease are only required where the lease is for part of a building or part of a large estate (i.e. industrial estate, shopping centre, business park). During the initial lease negotiations between a landlord and...

Five Fact Friday: Misrepresentation

Chris Hall
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This week it was revealed, following an investigation, that only 1% of the bulbs sold at Amsterdam’s famous floating flower market, ever blossom.  That spells trouble for those sellers touting their tulips to tourists but it’s also an...

Recognition in top legal rankings for regional law firm Dutton Gregory

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Dutton Gregory is celebrating after several of its departments and many of its leading individuals throughout Hampshire and Dorset were recognised in the Legal 500 Directory 2019.  The Legal 500 series analyses the capabilities of law firms worldwide...

Five Fact Friday: Compulsory Purchase Orders

Chris Hall
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Tomorrow marks the 40 th anniversary of the publication of the Hitchhiker’ Guide to the Galaxy.  *Spoiler alert*.  For those who haven’t read the book (or watched film, or watched the TV series or listened to the radio play…),...

Five Fact Friday: The Supreme Court's Flying Circus

Chris Hall
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Unless you’ve been living under a rock for the past few weeks, you may have noticed that the Supreme Court has been in the news recently.  What you may not know is that it also celebrated its 10 th birthday this week. Moreover, another British...

No additional Stamp Duty on uninhabitable properties - a win for developers

Claire Bunton
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Have you bought a derelict property since March 2016? Did you pay a SDLT surcharge on the purchase of that property?  If so, you could be due a refund.  On 1 st April 2016, the government introduced the Stamp Duty Land Tax (SDLT) surcharge for...

Freehold Restrictive Covenants: Part 2 - Modification and Removal

Claire Bunton
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It is quite common for land or property to be subject to covenants which restrict certain use or activity on the land.  As can be seen from the first part of this article , a covenant must satisfy certain conditions in order to be enforceable. ...

Freehold Restrictive Covenants: Part 1 - Validity and Enforceability

Claire Bunton
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It is quite common for land or property to be subject to covenants which restrict certain use or activity on the land.  What is a covenant? Covenants are typically created where a land owner sells off a part of their land while wanting to restrict...

Double celebrations for Dutton Gregory at Hampshire Law Society Awards 2019

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Regional heavyweight law firm Dutton Gregory are delighted to announce they won two awards at the Hampshire Law Society Legal Awards 2019. The firm was awarded runner up for ‘Large Law Firm of the Year’ after a successful 12 months which saw the...

Is age really just a number?

Chris Hall
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Every now and again we are reminded of ancient laws that have never been repealed, some being fairly ridiculous and amusing!  For instance, an 1872 law that has never been repealed made it an offence for a pub landlord to allow drunkenness in their...

Recent developments in commercial property

Denise Bull
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The property industry comes across many changes and developments which are important to keep up with.  One of the most significant recent developments is the changes to the Stamp Duty Land Tax (SDLT) regime. It’s now necessary to file the tax...

Dutton Gregory climb on board as Property Cup sponsors for this year's Southampton Sailing Week Regatta

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Dutton Gregory has climbed on board for the Southampton Sailing Week event as this year’s Property Cup title sponsor. Dutton Gregory is one of the fastest growing law firms in the South, with offices throughout Hampshire and Dorset. For over 75...

Dutton Gregory sponsor South Coast Business Awards 2019

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Dutton Gregory are delighted to sponsor this year’s South Coast Business Awards, celebrating business excellence across Hampshire and the Isle of Wight. Organised by the Daily Echo, in conjunction with Business South and Destination Southampton,...

Homes (Fitness for Human Habitation) Act 2018

Chris Hall
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It took more than 3 years but the Private Members Bill introduced by the Labour MP Karen Buck has received Royal Assent and has become the Homes (Fitness for Human Habitation) Act 2018.  It will come into force on 20 March 2019. The new Act will amend...

Supreme Court Upholds Spirit of 1954 Act

Claire Bunton
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Under the Landlord and Tenant Act 1954 (the 1954 Act), some tenants of commercial premises have the right to renew their leases indefinitely. The landlord cannot refuse the tenant a new lease, except on certain specific grounds. Once such ground, ground F,...

Rogue landlords and harassment - where do you stand?

Chris Hall
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On 23 October 2018, the Guardian newspaper, following a joint investigation with ITV News, published an article which revealed that many landlords who have been convicted of housing offences and also failed to pass the ‘fit and proper’ person...

Looking into Litigation: a company dispute case study

Victoria Whelan
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Commercial Litigation Solicitor Victoria Whelan provides experienced insight into the types of company dispute cases undertaken by Dutton Gregory.  This case study of a shareholder and partner robbed of company assets demonstrates...

Dutton Gregory sponsors Southampton Property Show 2018

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Regional heavyweight law firm, Dutton Gregory are proud sponsors of this year’s Southampton Property Show, taking place at Southampton Harbour Hotel on Thursday 13th September. As Southampton’s largest property investment, business and...

Commercial Property Update for Dorset

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It's been a busy summer for our Commercial Property team, with no sign of business slowing any time soon. Based in both Bournemouth and Poole and offering expert advice across the county, Dutton Gregory Solicitors are at the forefront of the real estate...

A Timely Reminder?

Robert Bolwell
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Last month saw the acclaimed crime drama Unforgotten return to our Sunday evening TV screens, keeping the nation enthralled by another “who done it”. This third series followed an established format – a body is discovered long after death...

Three Important Factors to Consider When Finding New Office Space

Rachel McNulty
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When it comes to finding a new office space, there are many considerations to take into account. These can be divided into three main factors: location , size and price . Location The type of business will determine the location, but no matter your...

The Executioner Gets It Wrong........

Robert Bolwell
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As a teenager, my favourite subject at secondary school was always History.  Not the social history that is taught in schools today, but the history of kings and queens, battles and betrayals, treason and treaties. The gorier the story, the more I...

Potential complications following laparoscopic surgery

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Laparoscopic surgery is commonly the preferred technique for cholecystectomy (gallbladder removal), hernia repair, and appendectomy (removal of the appendix). Most patients who develop peritonitis (inflammation of the peritoneum - the tissue that lines...

An increase to the small claims limit?

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Just a quick refresher, currently personal injury (this includes clinical negligence) claims with a value of less than £1,000, fall within the ‘small claims track’. The result of this is that a prospective claimant is unable to recover...

Working as clinical negligence lawyer

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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

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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?

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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

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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

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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

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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

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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

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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?

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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

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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

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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

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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

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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

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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?

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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

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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

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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...

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. ...

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,...

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...

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...