Insights: Legal Updates - August 2015

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Opposing a tenant’s 1954 Act lease renewal – Part 3

Alison Mould |

This is the third in a series of articles looking at the grounds a landlord can use to oppose a tenant’s lease renewal where the lease is protected by the terms of the Landlord and Tenant Act 1954. In this article we are going to be looking at the grounds of opposition contained in sections […]


Dealing with risk

Gillian Birkby |

Identifying a pattern of accidents is a useful first step in managing the risk which has led to the accidents. In a domestic setting, the London Fire Brigade has identified that one in four people who die in a fire have alcohol in their system, and that three quarters of alcohol related fires are caused […]


Matters of the mind: how to incapacity-proof your finances

Helena Luckhurst |

If someone asked you what will happen to your assets on death, you’d no doubt reach for your Will.  However, have you considered what will happen to your assets if you ever lose capacity to manage them?  Would your family be able to access them to ensure the household bills get paid, or to pay […]


Non domiciled status survives the cut, but at what cost…?

Matthew Bennett |

This article was written prior to the Summer Budget. For more information on changes to the taxation of non-doms in the Summer Budget, visit our website www.fladgate.com. Many non domiciled individuals will have been relieved that the immediate threat to their non domiciled status was removed by the General Election result on 7 May.  But […]


Do we need to follow a "fair" - or even any - process to dismiss an employee if she has only been employed by us for 18 months?

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We get asked this question a lot by those employers who are aware that, as a rule, an employee requires a minimum of two years’ continuous employment with an employer in order to bring a claim for unfair dismissal. Dismissing an employee without following a correct procedure (which effectively involves warning and consultation) would, from […]


Enforcement of DAB decisions

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Back in December 2014, I wrote an introductory article about the FIDIC suite of contracts (‘FIDIC explained’), which focused on the provisions within the FIDIC forms relating to dispute adjudication boards (DABs). Six months on, there has been a case in the Singapore Court of Appeal which has addressed a perceived deficiency surrounding enforcement of […]


Data subject access requests

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One of our former account managers, who has recently resigned from her role after five years, has made a data subject access request asking for a copy of all emails about her. Are we compelled to respond to her request? All of your employees and former employees have a right to make a data subject […]


Unfair contract terms: suppliers beware

Christian Charles, Digby Hebbard |

A dispute over the quality of building products highlights the need for customers to understand the terms they are signing up to – and, where possible, to explore the possibility of alternatives. It is common in the construction industry for parties to enter into contracts on the basis of their standard terms and conditions. These […]


HMRC tax disclosure facilities

John Forde |

The UK Government has recently announced that the beneficial terms of the Liechtenstein Disclosure Facility (LDF) will cease on 31 December 2015 (the facility had previously been due to run until April 2016). The LDF is a tax disclosure process through which individuals can bring their tax affairs up to date with HMRC on favourable […]


Nearest but not necessarily the dearest: disinheriting children post Ilott

Helena Luckhurst |

The Ilott case has caused a fair degree of furore in the UK press recently. Testamentary freedom in England is sacrosanct in many English citizens’ minds but has the recent Court of Appeal ruling (Ilott v Mitson [2015] EWCA Civ 797) undermined that freedom? And if so, how can anyone ensure that their Will is […]