Tag Archives: England

ILN Today Post

Private investment is the answer

First the bad news. We stand at the beginning of a brutal economic crisis of truly historical proportions. Many businesses will fail and employees lose their jobs. Economic, social and quality of life issues loom. Much of this pain may be unavoidable.

But do not despair. There is a solution. There is a lot more that government and the business community can do to ease the pain. Investors have capital they are willing to invest in the SME space.

Read full article
ILN Today Post

Living overseas doesn’t mean you aren’t domiciled in England

In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction.

The court held that the defendant was domiciled in England, although he was a Russian national who had always been resident in Russia, had a “family home” in Moscow, was tax domiciled in Russia, ran his business from Russia, spent about 200 days of the year in Russia and had no business assets in England.

Read More

Read full article
ILN Today Post

Lease or licence – why you should care

It is common for heads of terms to refer to a licence to use or occupy a property when the agreed terms would actually be construed as a lease. The two terms are bandied around and often used interchangeably; knowing the difference is key to avoiding lengthy and costly proceedings which go hand in hand with any disputes. Case law has taught us that labelling a document as a licence does not mean that it isn’t a lease. If certain elements (e.g. exclusive possession) are present then the document will technically be a lease with all the considerations that go with this.

 

Read More

Read full article
ILN Today Post

Business rates – possible changes to what you will pay

Business rates will be changing on 1 April 2017 and this is likely to create some winners and losers: many London-based businesses will face sharp rate rises, although firms in the Midlands and the north will be largely unaffected or will see a reduction.

It has been seven years since all non-domestic properties in England and Wales were nationally revalued. The 2017 revaluation will be based upon rental levels at 1 April 2015 and will form the basis of business rates liability for the next five years.  The changes include an increase in small business rates relief to £12,000.

Read More

Read full article
ILN Today Post

Gender pay gap – draft guidance is published

With gender pay gap reporting obligations almost upon us, the Government Equalities Office and ACAS this week published their draft guidance (Guidance). The Guidance is a step-by-step guide for employers on the types of data they need to publish and how they should calculate gender pay gaps prior to publication.

The first snapshot date is 5 April 2017 (which is earlier than initially indicated). Prior to this date relevant employers (i.e. those with 250 or more employees) should become familiar with the Guidance and implement a few trial calculations in readiness.

Read More

Read full article
ILN Today Post

Workers aged 25 and over now entitled to receive the National Living Wage

On 1 April 2016 the Conservative Government introduced a new minimum rate of pay that applies to all UK workers aged 25 and over.  Called the National Living Wage (NLW), it requires that eligible employees are paid a minimum of £7.20 per hour.  That is an increase of 50 pence per hour on the National Minimum Wage (NMW) of £6.70 that previously applied (and still applies to workers aged under 25), and so will result in increased employer costs of up to 7.5% for each eligible worker.

It is reported by the Department for Business, Innovation & Skills (BIS) that this represents the largest annual increase in the national minimum wage made by any G7 country since 2009, and that it will benefit more than 1 million UK workers.  BIS also claims that those eligible for the new rate may see their pay increase by up to £900 each year.

Read More 

Read full article
ILN Today Post

Severance and survival

A recent decision in the Technology and Construction Court (TCC) in the case of Stellite Construction Ltd v Vascroft Contractors Ltd emphasises the difficulties for a party in arguing that an adjudicator has materially breached the rules of natural justice. However it also reminds us that the adjudicator’s frame of reference for jurisdiction will be the dispute set out in the notice of adjudication and any defence to the claim – stepping outside that frame is likely to exceed jurisdiction to determine the dispute. The court will not enforce a decision of an adjudicator who has no jurisdiction to determine the dispute.

Read More

Read full article
ILN Today Post

Willem den Hertog op BNR over de juridische gevolgen van Brexit

Het Britse volk heeft besloten: Het Verenigd Koninkrijk treedt uit de EU.

Op 14 juni jl. was Willem den Hertog al te horen in het programma Juridische Zaken van BNR over de juridische consequenties van een Brexit. Hier is een link waarop het hele programma is te beluisteren.

Read More

Read full article
ILN Today Post

Arbitration or court litigation in England and Wales

Counterparties to a commercial contract with no connection to England often agree that any dispute arising from their contract will be determined by the courts of England. The English courts are accustomed to dealing with cases that have no real connection to their jurisdiction.  When agreeing the form of dispute resolution, parties may be faced with a choice between agreeing that disputes should be dealt with in the English court or including an arbitration clause in their contract whereby an arbitral tribunal will determine any dispute.

 

Read More

Read full article
ILN Today Post

Deception in divorce: non-disclosure of assets

Divorcing spouses in England and Wales have a legal duty to the court and to each other to provide full and frank disclosure of all capital assets, liabilities and income, not just in the UK but also on a worldwide basis. The duty is ongoing until the divorce is concluded, either by court order or by an agreement between the parties embodied in a consent order which is approved by the court.

The underlying principle is that couples are not allowed to hide any assets from each other during their divorce. Such transparency is essential to ensure that both parties are fully informed of what constitutes the family pot. Only then can the pot be fairly divided to meet the needs of each spouse and any children.

Read More

Read full article