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7 November, 2014
Food and drink sector tweet-up

Following the success of our first tweet-up, @CrippsFoodLaw would be delighted if you would join us for our second food and drink sector tweetup.    Date: 4 December 2014 Time: 6pm to 8pm  Venue: Chapel Down Winery, The Swan English Restaurant Small Hythe Road Tenterden Kent, TN30 7NG   RSVP by 3 December by tweeting […]

5 November, 2014
Landmark ruling: overtime to be included in holiday pay – November 2014

On the 4 November 2014, the Employment Appeal Tribunal (EAT) ruled in Bear Scotland v Fulton (and two other cases) that overtime payments should be included in the calculation of holiday pay. Previously, only basic pay counted when calculating holiday pay. This meant that many workers who regularly worked overtime received less pay when they took holiday.    […]

28 October, 2014
BIS publishes statement of principles for parcel deliveries

The Department for Business Innovation and Skills has now published a statement of principles for parcel deliveries. The statement of principles sets out voluntary best practice principles as to how retailers can ensure their delivery services meet the needs of their customers. The principles are also accompanied by a list of illustrative examples to assist […]

28 October, 2014
‘Tis the season to be merry?

With the Christmas trading period fast approaching, many retailers will be reviewing options for maximising revenue during this time.   A popular seasonal revenue stream is the sale of alcoholic gifts to be enjoyed at home. These gifts can range from speciality beers through to premium spirits and liqueurs. It can also include liquor confectionery […]

28 October, 2014
Obesity – A new disability?

Generally speaking, employers treat disability with caution and rightly so, considering that there is no cap on the level of compensation payable for a successful discrimination claim. In 2013, the highest award made by a tribunal was for a disability discrimination claim, in which it awarded £387,472. During the same year, the average award for […]

28 October, 2014
Lease restrictive covenants held to be anti-competitive

Restrictive covenants and exclusivity clauses are often included in leases and other land agreements. From April 2011, all land agreements have been subject to competition law and there has been a risk that such restrictions could be prohibited as anti-competitive. In the first case on this matter, the Central London County Court has held that […]

28 October, 2014
‘Calculated Deceit’ doesn’t add up for Retail Developer

The Supreme Court has recently thrown out a legal challenge by the owner of a Lancashire retail park hoping to expand the site.   Peel Holdings wanted to open food and clothing stores alongside the electrical and furniture shops at the Whitebirk Retail Park near Blackburn and applied for certificates of lawfulness to enable it […]

28 October, 2014
May contain nuts – Changes to the rules on food labelling

New rules on food labelling are being brought in by the EU Food Information for Consumers (EU FIC) Regulation No. 1169/2011. The main objective of the EU FIC is to enable consumers to make balanced and healthier dietary choices. In order to achieve this, the EU FIC will require pre-packaged food to be labelled with its […]

9 October, 2014
Intellectual property – Back to basics Part 2

Confidentiality   Businesses will typically invest significant time and money in developing valuable data/information (for example, marketing or sales information) and therefore there is a need to protect this information from being taken and exploited by third parties. This article gives a brief explanation of the law relating to confidential information and provides tips on […]

3 October, 2014
How to contest a will

The specialist will dispute lawyers at Cripps answer some of the common questions clients ask about how to contest a will.

2 October, 2014
Food and Drink Sector Tweet-Up

@CrippsFoodLaw would be delighted if you would join us for our first food and drink sector tweetup or for the non-twitter users a meet-up.   Date: 8 October 2014   Time: 6pm to 8pm   Venue: Farm House, 97-99 High Street, West Malling, Kent, ME19 6NA http://www.elitepubs.com/the_farmhouse/ ( @TheFarmhouseWM )   We will also be joined […]

1 October, 2014
The Intellectual Property Act 2014

The Intellectual Property Act 2014 (the Act), the latest measure designed to help businesses in the UK, will start to come into force from 1 October 2014.   The Act seeks to modernise intellectual property (IP) law by simplifying and improving IP protection for the UK’s (hugely important) design sector.   It is hoped that […]

16 September, 2014
Data Protection Compliance – more than just having a policy

September 2014   The Information Commissioner’s Office (ICO) has recently imposed a fine of £150,000 on a company for failing to implement adequate security measures to protect personal information.  This case demonstrates for all businesses dealing with personal information (whether of customers, employees, suppliers etc.) that data protection compliance is much more than just having […]

16 September, 2014
Tougher penalties for employing illegal workers

September 2014   For technology businesses, the world is becoming a smaller place and companies now often look outside of their immediate geographic location in order to engage the best talent for their business. However, when recruiting new employees, it is important to ensure that they have the necessary rights to work in the UK. […]

16 September, 2014
Dealing with damaging online criticism

September 2014   The nature of the internet means that comments about your business can be published instantly to thousands of people around the world. Whilst good online reviews can do wonders for the reputation of a business, negative comments pose a considerable reputational risk. Equally, for the operators of review websites, the risk of […]

16 September, 2014
Native advertising – what is it and what are the risks to your business?

September 2014   A recent decision by the UK advertising regulator The Advertising Standards Authority (ASA), calls into question whether native advertising can be done effectively without breaking the rules.   What is native advertising? Native advertising is “native” to the environment in which it is placed. It seeks to engage the consumer by making […]

16 September, 2014
Could you use crowdfunding to grow your business?

September 2014   Recent times have seen SME’s in the technology sector struggle to access bank loans and overdrafts. Crowdfunding, also known as peer-to-peer or peer-to-business lending, provides a potential alternative source of finance, and is becoming increasingly popular. In an aim to provide enhanced protection for consumers without discouraging the growth of this emerging […]

16 September, 2014
How much do you know about intellectual property?

September 2014   All businesses use intellectual property. Whether it is the name of the business, its logo, the software it uses or the documentation it produces, intellectual property is being created or reused on a daily basis. For technology and advertising businesses, intellectual property is one of the most valuable assets and it is […]

8 September, 2014
Is obesity a disability?

September 2014   For the first time the European Court of Justice has considered issues concerning obesity-based discrimination. In this article we look at whether or not obesity could be deemed a disability under UK law. We also touch on the larger picture for employers; what impact is obesity having on the UK workforce and […]

8 September, 2014
Obtaining a medical report on an employee

September 2014   Why would you need a medical report? Later this year the Government is rolling out a new initiative whereby employees will now be referred by their GP to a new Health and Work Service when they reach or are expected to reach 4 weeks’ sickness absence.   However, for those employers who […]

8 September, 2014
Health and work service

 September 2014   Unfortunately, no employer is immune to employee sickness absence. The Office for National Statistics sickness absence report shows that sickness absence increases with age.  With the abolition of the default retirement age, many employers will be faced with an aging workforce and (according to these statistics) potentially an increased rate of employee […]

19 August, 2014
Proposed changes to planning law – good news for developers?

The Government has again shown its commitment ‘to get Britain building’ in its latest consultation on planning law.   The reforms proposed in the consultation are generally good news for developers. The Government has stated that its aim is to make practical improvements to help achieve development and housing which ‘our future growth depends on’. […]

18 August, 2014
Banking and finance

Swaps: Don’t be late The review process agreed between the 9 major UK banks and the FCA in 2012, relating to allegations of the historic mis-selling of Interest Rate Hedging Products (‘Swaps’) is finally reaching its conclusion.  Outside of this review time may be running out to bring legal claims.   Those customers who joined […]

10 August, 2014
Intellectual property, Back to Basics part 1

This is the first in a series of “Back to Basics” articles looking at intellectual Property and its potential value and relevance to you and your business.   This article outlines what we mean by ‘copyright’, what it protects, who owns copyright and how a copyright owner can protect and commercially exploit its copyright.   […]

28 July, 2014
Will, trust and estate disputes

Contesting a will or bringing a claim over a trust or an estate can be distressing and complicated. Our specialists in this field have dealt with just about every conceivable difficulty that might arise and are ready to help you, whether bringing or defending a claim.   Our guide to will, trust and estate disputes explains […]

24 July, 2014
A brief guide to professional negligence claims

Claims against professionals, such as accountants, financial advisers, solicitors, surveyors and architects, have become more common in recent years. This is due to a combination of factors including an increasing reliance upon professional advice, the complexity of work carried out, and a raised awareness of legal rights. Professional negligence claims can be complex and it […]

23 July, 2014
Inquests: Answers to some common questions

An inquest into the death of a loved one can appear a very daunting process. However, inquests are becoming increasingly common and can play a vital role in enabling families to understand the facts surrounding the death and help them come to terms with their loss.   In our experience, to get the most from […]

22 July, 2014
Guide to dispute resolution

Although most disputes are settled without going to court, and the modern approach is very much to  consider litigation as a last resort, litigation remains the most common formal method of dispute resolution. This guide to dispute resolution takes you through the litigation process whilst also identifying alternative ways to resolve disputes  

10 July, 2014
A case about noise could light up the way

Developers may be forgiven for drawing comfort and hope from the recent judgment of the Supreme Court in Coventry and others v Lawrence and another (2014) UKSC 13 in which the court refused an appeal by the neighbour of a speedway stadium who was complaining about noise nuisance caused by stock car racing.   The […]

10 July, 2014
The Supreme Court clarifies law on town and village greens

The Supreme Court has rejected an appeal by an applicant to register playing fields in Whitby as a town or village green (‘TVG’). The land, owned by Scarborough Borough Council, was acquired in the 1950s to provide a recreational area connected with the provision of housing. The Inspector at the original Inquiry refused the application […]

1 July, 2014
Protect your property against fraud

The Land Registry Property Alert service offers free protection against property fraud.  Sign up free to receive Land Registry email alerts when official searches and applications are received against monitored property.  Your don’t have to own the property to set up an alert.  The same property can be monitored by different people.  Properties that are […]

27 June, 2014
Employing illegal workers

On 16 May 2014, the civil penalty for employing illegal workers was increased from £10,000 to £20,000 for each individual who does not have the right to work in the UK. Home Office statistics show that more than 8,500 civil penalties totalling £79,300,000 were issued to employers between 2008/09 and 2012/13. On 7 March 2014, […]

27 June, 2014
Breaking a lease is hard to do

Break clauses in leases are frequently featured in the law reports. This article provides a recap of recent cases regarding the extent to which break conditions need to be complied with and whether rents need to be refunded if they are paid in advance of the break date, but relate to the period after the […]

27 June, 2014
Continuing occupation after the expiry of a lease

The Court of Appeal revisited the 2013 High Court decision in Erimus Housing Limited -v- Barclays Wealth Trustees (Jersey) Limited recently, in a judgment that makes clear that the nature of a tenant’s holding over following expiry of a lease must be viewed in light of the specific circumstance of the occupation.   In Erimus, […]

27 June, 2014
Consent to assignment

A recent Court of Appeal case highlights that landlords must have strong grounds in order to refuse a tenant’s application to assign a lease.   The case in question, Singh v Dhanji [2014] EWCA Civ 414, concerned the assignment of the lease of a dental practice in Nottingham.   In this case the landlord let the […]

27 June, 2014
Protecting your business reputation from online criticism

The nature of the internet means that comments about your business can be published instantly to thousands of people around the world. Whilst good online reviews can do wonders for your reputation, negative comments pose a considerable reputational risk. What is the best way to protect your reputation?   Legal remedies are not always the […]

27 June, 2014
Rebranding – Benefits and challenges

A rebrand can take on many forms, ranging from a revamp of the company logo to a complete change in the whole company image. Businesses will want to rebrand for a variety of reasons, as a result of a recent merger perhaps or simply because the business is moving with the times, has adopted a […]

27 June, 2014
“Workers Rights” for LLP Members

The Supreme Court has ruled [1]that a former equity partner of a law firm incorporated as a Limited Liability Partnership (LLP) was a worker [2]and therefore eligible to bring a whistleblowing claim against the LLP.   Whilst whistleblowing claims may be relatively rare, the Supreme Court’s decision has potentially wide-reaching implications as it means that […]

24 June, 2014
Consultation requirements on auto-enrolment

Employers are now aware of their obligations to ensure that their eligible staff will be enrolled in a compliant pension scheme from the auto-enrolment staging date set by the government.   One point that has been often overlooked is whether employers have the duty to consult with their employees regarding the changes to their pension […]

24 June, 2014
Flexible working: Are you ready?

On 30 June 2014, all employees with 26 weeks’ continuous service will be entitled to make a request for flexible working regardless of the reason.  While the process will be less formal, employers will need to change their mind set when considering a request, as employees do not need a prescribed reason to make a […]

24 June, 2014
Holidays

June 2014 It is that time of year again. A brief burst of sunshine and those of us who have failed to organise our holiday frantically search the internet for a week in the sun. The European Court of Justice (ECJ) has also been thinking about holidays. Not their own, but what workers are entitled […]

20 June, 2014
Who owns your LinkedIn connections?

The answer to this is relatively straightforward for personal accounts which make no reference to employers, and corporate accounts which make no reference to employees. Unfortunately a resounding question mark still hovers above those connections collated in LinkedIn accounts that represent both the employee and the employer.   On creating a LinkedIn account an individual […]

20 June, 2014
PRS and PPL Licences – do you need both?

PRS and PPL are independent schemes representing different rights holders’ interests in the use of recorded and live music in public.   PRS (Performing Rights Society) protects the original “musical works” and licenses the use of lyrics and composed music in public performances, broadcasting and online on behalf of the song writers, composers and music […]

17 June, 2014
Telephone scams – be aware…

Within the space of one week, two of our clients were conned using the same basic technique. As a result we want to share this information as widely as possible to avoid you or your relatives being defrauded in the same way.   In both cases, the fraudsters made use of the fact that if […]

17 June, 2014
Employers beware: It may now be easier to claim constructive dismissal

The case of Wright v North Ayrshire Council has provided us with further clarification on the test for constructive dismissal.   A constructive dismissal occurs where the employer does not dismiss the employee, but the employee resigns and can show that they were entitled to do so by virtue of the employer’s conduct.   In […]

16 June, 2014
Landlords: ensure YOU benefit from any empty property rates relief

Due to the current state of the economic climate, some landlords are struggling to rent their properties and their difficulties can been intensified by the liability to pay business rates on empty properties.   When leasing business premises, the common position is to include a provision requiring the tenant to pay all rates or taxes […]

16 June, 2014
Do gates across a private right of way constitute obstruction?

A private right of way over land is known as an easement. The person entitled to the benefit of the easement is known as the ‘dominant owner’. If a dominant owner wishes to claim that there is an interference with their enjoyment of an easement, the dominant owner must show:   That they are entitled […]

4 June, 2014
Commercial law: new rules for consumer contracts from June

All businesses dealing with consumers are likely to need to update their terms and conditions and ordering processes in order to implement new Regulations by 13 June 2014.   The new law   The new Regulations – the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) – apply to most sales or […]

28 March, 2014
Anomaly hits same-sex marriage plans

On 29 March 2014, the Marriage (Same-Sex Couples) Act 2013 comes into force, which legalises same-sex marriages for the first time. However, warns solicitors, Cripps, those already in a civil partnership will have to dissolve their partnership before they can marry.   “The government has announced that section 9 of the Act, which allows for […]

11 March, 2014
Employment news: March 2014

Welcome to our first Employment News. This month, we look at a recent case on flexi-time working which highlights the need to have a clear policy in place. We also look at the changing landscape of employment tribunal claims. Finally, we have set out the new compensation limits and statutory payment rates.   Don’t forget, […]

30 January, 2014
Cripps’ comment: techbubbles

Cripps’ lawyer Tom Bourne outlines his top tips to help protect your marketing, sales, and customer data from your competitors.   www.techbubbles.co.uk    

13 January, 2014
Managing commercial disputes

Whilst practical steps can be taken in order to minimise the risk of a dispute arising in the first place (see Avoiding Commercial Disputes), some thought should be given to how a dispute will be handled and managed should it arise. This is usually addressed in the contract by the inclusion of a dispute resolution […]

2 January, 2014
Employment law

Happy New Year! I hope you survived the storms and rain that have hit the country in the festive period. In this Alert we look ahead to the employment law changes due to come into force in 2014.   January – TUPE The changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 are […]