Private Client Update 14

Landlord loses dispute over licensing and planning permission A landlord has lost a dispute with his local housing authority over the licensing of two of his properties that had been renovated without planning permission.

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Private Client Update 13

Woman wins unfair dismissal claim against Marks & Spencer A woman who was sacked while on sick leave has won her claim of unfair dismissal and disability discrimination against Marks & Spencer.

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A New Year Resolution to protect yourself and your family

Entering a New Year is always a good time to take stock… of our careers, our work and, of course, our lives in general. At the centre of it all must be our families; everyone wants to protect their loved ones, both now and in the future. There are many ways to do this and the law can certainly play its part. The most obvious things are to make a will and to consider setting up a lasting power of attorney (LPA). Making a will is the best way to ensure that your wealth is passed on in the way…

Increase in claims after employment tribunal fees ruled unlawful

  There has been a sharp rise in the number of employment tribunal cases since the Supreme Court ruled in July that the fees charged to bring claims were unlawful. Figures released by the Courts and Tribunal Service show that claims rose by 64% between July and September. The National User Group of Employment Tribunals say the number of claims has doubled in some areas. Meanwhile, a survey by the CBI found that 90% of businesses think the removal of fees will lead to a rise in vexatious claims that have no merit. The fees were introduced in 2013, with…

Council was ‘unreasonable’ when it limited a landlord’s licence

  A local authority had acted unreasonably when it limited a landlord’s licence on his properties to only one year. That was the decision of the Upper Tribunal in a case involving Waltham Forest London Borough Council. The landlord owned several flats that were let to tenants. From April 2015, the local authority's area was designated as a selective licensing area.  The landlord failed to apply for licences in time and was fined £10,000. In September 2016, the authority granted him a licence for one year for his flats; normally they were granted until 2020. It justified the reduced term…

Power of attorney fee refund scheme launched

  All those eligible for a partial refund on their power of attorney fees can apply from 1 February 2018. The refunds are being offered to those who may have been charged more than was necessary to apply to register lasting or enduring powers of attorney between 1 April 2013 and 31 March 2017. During this period, the Office of the Public Guardian’s (OPG) operating costs came down as more people applied to register a power of attorney and the process became more efficient, but the application fee charged was not reduced in line with this. The Ministry of Justice…

Dyson granted injunction to stop engineer working for rival

  The Dyson group has been granted an injunction preventing one of its top engineers working for a rival company for 12 months. The case involved Dyson’s research and development company, Dyson Technology Ltd, which is developing the company’s electric car. It employed engineer Pierre Pellerey, who has a background in research related to electric cars, to work on the project. His contract contained post-employment restrictions, including a 12-month "Restricted Period," preventing him being "engaged, concerned or interested in any Restricted Business". Mr Pellerey then obtained a position with another company, Tesla, which specialises in electric car design. Dyson took…

Pensioner awarded £205,000 after being hit by uninsured rider

An 81-year-old man who was knocked down by an uninsured scooter rider has been awarded £205,000 compensation.

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Credit note binds company to pay out over faulty goods

A company that gave a credit note to compensate for faulty goods had effectively entered into a contract and was obliged to pay up to settle the dispute. That was the decision of the Court of Appeal in a case involving a paper merchant and a firm of printers. The issue arose when the printer was unhappy with the quality of a batch of paper. The merchant accepted the batch was substandard, and a manager issued a credit note as compensation. The dispute was whether the merchant was bound by the credit note and therefore liable to pay the…

Cohabiting couples ‘at risk if their relationship breaks down’

Widespread belief in the myth of common law marriage is putting millions of cohabiting couples at risk of financial hardship if their relationship breaks down. The warning comes from the family law group, Resolution, after it commissioned a survey showing that most cohabitants don’t realise that they don’t have the same automatic rights as married couples. The survey revealed that: two-thirds of people in cohabiting relationships are unaware that there is no such as thing as ‘common-law marriage’ in this country four in five cohabitants agree that the legal rights of cohabiting couples who separate are unclear 79…