Insights: Legal Updates - February 2015

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CDM 2015 – Implications for developers

Gillian Birkby |

The CDM regulations govern the management of health and safety during both the design and construction phases of a project. Currently the CDM coordinator assists the developer in its role as client under the regulations, to carry out its health and safety duties. On replacing CDM 2007 with CDM 2015, the CDM coordinator functions will […]


Companions to formal meetings

Mike Tremeer |

An employee has asked to be accompanied to a grievance meeting by a disruptive colleague. Can we refuse? Not without breaching the ACAS Code of Practice on disciplinary and grievance procedures (ACAS Code). The Employment Relations Act 1999 confirms that employees are entitled to be accompanied to certain formal meetings by a work colleague, a […]


EU Trusts Register – update

Helena Luckhurst |

In my 13 March 2014 blog on ‘Trusts and the EU’s Fourth Anti-Money Laundering Directive’, I highlighted the EU Parliament’s plans to introduce a register of settlors, trustees and beneficiaries of trusts, as set out in the draft of the Fourth Anti-Money Laundering Directive. The Directive has now been finalised and, whilst it looks as […]


Government proposes to relax affordable housing requirements on smaller developments

Mark Harnett |

When the concept of a Community Infrastructure Levy to be paid on the grant of a planning permission was introduced by the Government in April 2013, the Government made it clear that the levy was largely intended to replace the practice of securing contributions to infrastructure from developers through planning agreements (section 106 obligations). It […]


A matter of conflict?

Janet Keeley |

The case of Eurocom Limited v Siemens PLC has been widely reported in construction circles but could also have implications for the appointment of third parties on rent review or in other alternative dispute resolution procedures. The case concerned a construction industry adjudication arising out of the installation of communication systems at Charing Cross and […]


IHT related penalties: a warning for PRs and beneficiaries

Helena Luckhurst |

The recent case of Hutchings v HMRC [2015] UKFTT 0009 (TC) will be of interest to anyone acting as executor/administrator of an estate and anyone who is a beneficiary. Like the sword of Damocles, HMRC was dangling a tax penalty of £87,000 over the heads of both the executors and one of the beneficiaries – […]


Depression as a disability

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Is an employee who suffers from depression “disabled”, as defined by the Equality Act 2010, and therefore subject to protection from disability discrimination? Depression can, in principle, amount to a legally recognised disability. This question was considered recently in the case of Saad v University Hospital Southampton NHS Trust & anor. The tribunal noted that […]