Insights: Legal Updates - July 2014

With asset values on the rise, many of my clients’ thoughts are turning to Inheritance Tax (IHT) planning. That can sometimes lead to thoughts about giving away assets to children in lifetime in the hope of surviving seven years. However, it seems even the best laid IHT mitigation plans can come unstuck when Capital Gains […]

Is an agreement to engage in “friendly discussions” before commencing arbitration enforceable? Tiered dispute resolution clauses Tiered dispute resolution clauses, also known as ‘escalation’ clauses, require the parties to undertake one or more forms of alternative dispute resolution (ADR), typically negotiation and/or mediation, before commencing formal litigation or arbitration proceedings. The idea behind this is […]

Gillian Birkby examines the legal implications of Health and Safety Executive proposals on changes to the Construction (Design and Management) Regulations with an eye to how they will work in practice. The Health and Safety Executive’s (HSE) aims in updating the CDM Regulations 2007 include improving worker protection, health and safety on smaller construction sites […]

On 1 January 2014 the International Chamber of Commerce (ICC) published new Rules of Mediation (Rules) accompanied by the supplementary Mediation Guidance Notes. The Rules are a revision of the ICC’s Amicable Dispute Resolution (ADR) Rules which had been in force since 1 July 2001. The publication of the new Rules is part of the […]

The use of unpaid interns in the fashion industry is nothing new, but they have been very much in the spotlight in 2014. Earlier this year, a former intern at Alexander McQueen – backed by campaign group Intern Aware – brought a claim for over £6,000 in lost wages in respect of a four-month placement […]

There was an interesting article in The Telegraph last week about a work called Bombay Mix, by Damien Hirst, and the dispute between his certification company, Science Ltd, and a Mr and Mrs Simpson who possess the work. According to the article, in 1988, Hirst was commissioned to paint Bombay Mix, an early spot painting, […]

Since February, when the President of the Family Division and the Court of Protection issued practice guidance on the publication of Court of Protection decisions, there have been many more Court of Protection cases reported in the mainstream press. If publication of cases raises awareness among the general public of the benefit of planning for […]

In 2011 real estate agreements, including leases, became subject to the full scrutiny of the Competition Act 1998. Its impact was going to be uncertain and many commentators and lecturers ended pieces with “only time will tell”. Well, earlier this year “time told” in a decision in the Central London County Court. It is thought […]

Appointing advertising agents or other consultants is a routine job, and no one expects to negotiate over detailed terms of business to do so. But an appointment based on basic, or even no, terms can, in the long run, be worse. Asking questions and simply recording expectations, while both parties are positive at the start […]

Owner managers with successful businesses who are approaching retirement are faced with a number of options. One is to sell the business to a third party buyer. However, in some situations, the owner may prefer to give the management team the chance to acquire the business. This may be the case where a number of […]

Regulation can, if handled correctly, enable a business to enhance a culture of ownership with its employees, foster goodwill with its suppliers and customers, and be seen in the wider market as being professional and entrepreneurial. Don’t let compliance stifle the culture of your business – but don’t ignore the risks either! Businesses face a […]

‘I really must get around to writing a will!’ I have heard that refrain from several wealthy individuals recently and it’s often easy to assume that everyone who should have a will knows that and has one. But such assumptions are dangerous. I am constantly surprised by who doesn’t have a will. However, the surprise […]