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Latest legal updates

Quarterly Housing Update Autumn 2018

Welcome to the autumn edition of Quarterly Housing Update.

Cryptocurrency and Fraud

A cryptocurrency is an electronic coin or token, usually adopted through a blockchain ledger which will record its transactions (for more information on blockchain technology, see our previous article on the subject). There are currently hundreds of different cryptocurrencies in existence; many of which were created for a specific purpose (i.e. perhaps to facilitate fast and cost effective international transactions, for gaming and social media or for data storage and security). In respect of the former, the ability to transfer value (through a cryptocurrency) could bypass major currency fluctuations or bank charges.

Five steps to consider when you need more people

As you are growing, your business may need more people. There are various ways in which you can employ staff so you’ll need to think about your specific requirements — for example, you may need seasonal hires, or one-off projects or work (known as a gig!) or more people in your team on an ongoing basis.

Blockchain and Cybersecurity

Blockchain is a technology which allows a decentralised and distributed ledger of information (split into blocks, and encrypted using cryptography) to be shared and maintained between multiple users. In the case of a public blockchain, and in order to link a new block, the other users in the network validate the entry by solving complex computational problems.

HR Law - November 2018

Welcome to the November 2018 edition of HR Law

TUPE toolkit

Do you get the impression there is only one approach to TUPE? Do you know how to take advantage of recent case-law? We can show you creative solutions to TUPE challenges to give a better outcome for your business.

Creating and operating a successful fire trading company

We have partnered with Grant Thornton, National Fire Chiefs Council (NFCC) and Fire Industry Association (FIA) to produce guidance on creating and operating a successful fire trading company. The booklet is useful for those providing advisory services in this area.

Collaboration and successful partnerships: Delivering homes and communities

The long established approach to development whereby local authorities provide the land and a private sector partner contributes the money is becoming less common and less clear cut. Delivery partners are looking at new ways to harness their combined strengths to work together more successfully. We hosted a roundtable at London Real Estate Forum (LREF) with key industry figures from both the public and private sectors with a wealth of experience in setting up and working in partnerships.

Morrisons data breach case

Court of Appeal rules that Morrisons is vicariously liable for employee's deliberate disclosure of personal data of co-workers.

Three things to consider in getting your Terms & Conditions properly incorporated

Every business needs this — whenever operating on standard terms and conditions, there is always the challenge of ensuring they are properly incorporated. This challenge could arise with each and every negotiation where the parties are trying to conclude the contract on their own standard terms and conditions.

Technology, data and fraud

The way in which organisations buy and sell products and services has changed dramatically over the last 30 years. Advancements in technology have led to innovation, which in turn has fuelled competition amongst almost all industries and sectors.

Thinking Real Estate Issue 7

Welcome to the seventh edition of Thinking Real Estate, where we share thoughts and ideas on topics across the real estate industry.

SHPS Valuation - the results are in!

The actuarial valuation results for the Social Housing Pension Scheme (SHPS) have been released. They will make sobering reading for many employers participating in that scheme.

Internal Investigations in the wake of SFO v ENRC

As lawyers, we regularly carry out investigations on behalf of our clients on a wide range of issues. Clients approach us with problems, and we come up with solutions to help navigate uncertain waters.

Housing Matters - October 2018

Welcome to the October edition of Housing Matters

Intermediate care: How can private care operators provide pain relief for the NHS?

Over the previous winter the average hospital had approximately 200 patients on its wards who had been deemed medically fit for discharge at a cost estimated to be between £300 and £360 a day. Many care providers have said there is sufficient availability in their sector to accommodate these patients, so why aren’t the transfers taking place and what can be done to avoid the crisis repeating itself this winter?

Top five tips for marketing

In your early stage, it’s often difficult to know which marketing channels will be best for your business and how much time and energy to put into each one, so we’ve put together a short guide to help you with your initial go-to-market plan. We’ve already written about the legals behind marketing in our previous blogs, such as branding, patents, data privacy and information law (GDPR), so bear this in mind when developing what you’re going to do.

The Package Travel Regulations 2018

On 1 July 2018, The Package Travel and Linked Travel Arrangements Regulations 2018 (PTR 2018) came in to force and replaced the Package Travel, Package Holidays and Package Tours Regulations 1992 (PTR 1992).

HR Law - October 2018

Welcome to the October 2018 edition of HR Law.

TUPE Update September 2018

Here is our latest update of all the TUPE developments and case law you need to know about.

Seven top tips for Intellectual Property and your website

One of the most important things for you when you first start your business is to build an effective online presence through your website. It’s your shop window to the world — and there are so many aspects to consider, but putting aside things like marketing, messaging, your proposition, reaching the right customers, persona’s, user experience journeys, feedback, data analytics, integration, privacy, data security etc etc. — we’ve restricted this blog to IP “Intellectual property” which covers some of these areas, but from an IP point of view.

Tackling tenure: balancing operational flexibility with customer certainty

Following Savills’ and Trowers & Hamlins’ successful retirement for rent roundtable in late 2017, chaired by Jane Ashcroft CBE, we reconvened for a further discussion in spring 2018 to move the conversation forward.

Building Interest Summer 2018

Welcome to the Summer 2018 edition of Building Interest.

Sleep-ins following Mencap: an evolving situation

We held a recent briefing discussion with over 40 care providers on this subject. It was a welcome catch-up and provided a useful insight into how things are going following the Court of Appeal's decision in the Mencap case.

The Start-up’s Guide to Intellectual Property

Our message to you is simple— prioritise your Intellectual property “IP” — it’s one of your most valuable business assets. It may not be top of your list when starting up, and we want to make it as simple as possible to firstly identify key elements you need to consider.

Overseas entities owning UK property to disclose details of owners in public register

In July 2018, the UK Government published a Bill to establish a statutory register setting out details of the beneficial ownership of overseas entities that own UK real estate.

Sleep-ins: a solution for now?

The Court of Appeal has today held in Focus Care Agency Ltd v Roberts, Frudd and another v The Partington Group Ltd, and Royal Mencap Society v Tomlinson-Blake (The Mencap case) that employees are not entitled to the national minimum wage (NMW) for the full duration of their sleep-in shift who sleep-in as they are engaged in "time work", and are only therefore entitled to the NMW when they are awake and carrying out duties.

Trends in Employment Tribunals

Following the Supreme Court's decision in R (on the application of UNISON) v Lord Chancellor last July, and the immediate abolition of Employment Tribunal fees, there has, as expected, been a steady increase in new claims.

Good work plan: A squandered opportunity?

Will there be a welcome simplification to the complex, and much litigated, area of employment status now that the government has published its response to the Taylor Review? Sadly it seems that the answer is probably not.

Gender pay reporting trends in the housing and care sectors

The 4 April deadline for organisations to submit their first gender pay report is fast approaching! While it seems that lots of employers are leaving it until the last minute, various trends are beginning to emerge which will, no doubt, be reinforced in reports which have yet to be submitted.

Employer didn’t have constructive knowledge of employee’s disability

The Court of Appeal has held in Donelien v Liberata UK Ltd that an employer did not acquire constructive knowledge of an employee's disability when it took reasonable (but not exhaustive) steps to ascertain whether the employee was disabled. As a result it was not under a duty to make reasonable adjustments.

HR Law - September 2018

Welcome to the September 2018 edition of HR Law

The power of a shareholders’ agreement

In our last post, we wrote about a founders’ agreement which is a form of shareholders’ agreement used at the initial stage of your business. As your business scales up — the founders’ agreement will usually be replaced by a shareholders’ agreement when you take on more shareholders.

Immigration and pre-employment checks

With the Brexit Withdrawal Agreement still very much in draft form the issue of what the immigration arrangements will be when the UK leaves the EU are currently under negotiation.Although the government has agreed that free movement will continue until the end of the transition period of 31 December 2020, a failure to reach a deal with the EU before the end of March could throw that into doubt.

Reflective loss, impossibility and fraud claims– life after Marex

The rule against reflective loss is a well established product of public policy. As recognised in Prudential Assurance Co Ltd. v Newman Industries Ltd. (No 2) [1982] 1 Ch 204, the rule prevents a shareholder from recovering damages for the diminution of the value of his shareholding where the company he has an interest in has suffered loss as a result of a third party’s breach of duty.

Social Housing Green Paper - a 60 second summary

The much anticipated Social Housing Green Paper has now been published by government.

Social Housing Green Paper - what does it mean for the housing market?

The much anticipated Social Housing Green Paper has now been published by Government

Founders’ Agreements — why it matters

Developing your business without a Founders’ Agreement can mean major problems in the future if you run into an issue that hasn’t been agreed from the outset.

Unison seeks to leave to appeal Mencap decision

Leasehold houses - Law Commission publishes game-changing proposals

Enfranchisement law is a complex area fraught with pitfalls and issues and has been the subject of considerable media attention recently in regard to leasehold houses and onerous ground rents.