Tag Archives: Miller Samuel

With-holding of landlord’s consent in practice

As a follow up to the previous blog which discussed the principle of withholding landlord’s consent in theory, this blog article will look at it in practice, and will focus on the recent Outer Court case; Homebase Limited v Grantchester Developments (Falkirk) Limited [2015] CSOH 49. This case relates to a lease of retail premises in Falkirk, where the Landlord was Grantchester, and the Tenant was Homebase.

Background

The Tenant wanted to assign their interest in the Lease to another company called CDS (Superstores International) Limited (“CDS”). Under the Lease, the Tenant was not permitted to assign their interest, without first obtaining the prior written consent of the Landlord. The consent was not to be unreasonably withheld or delayed, in terms of an assignee “of sound financial standing demonstrably capable of fulfilling the Tenant’s obligations” under the Lease.

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Gender Discrimination Rife in the UK Despite Scotland Low Female Unemployment Levels

Scotland is leading the way in terms of female unemployment with the country having one of the lowest unemployment rates for females in Europe. In the final three months of 2014, Scotland’s female unemployment rate was almost 1.5% lower than the EU average.

Between October and December 2014, Scottish unemployment for females stood at 4% according to figures from Eurostat. This was significantly lower than the 5.3% average for the UK and many other European countries. Scotland also had the second highest female employment rate at 71.3%, with Sweden being the only country with a higher rate of 72.6%.

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Exclusivity Clauses in Zero Hours Contracts – enough to exclude employer abuse?

When boiled down, zero hours contracts represent arguably the most flexible form of employment contract available. Neither employer nor employee (often) has any obligation in terms of minimum hours towards the other: on the employee to work any shifts offered and on the employer to offer any shifts. From a purely contractual law point of view, this situation reflects the principle of “freedom of contract”, yet the traditional approach to “freedom of contract” has gradually eroded over the decades.

As of 26 May, the Small Business, Enterprise and Employment Act 2015 has come into force and with it the last government’s main attempt to redress one of the most problematic elements of most zero hours contracts – exclusivity of employment. This piece of amending legislation represents an attempt by the government to follow the judicial precedent described above by redressing the balance within zero hours employment contracts by nullifying the effects of exclusivity of employment clauses.

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Restoring a Scottish Company to the Register of Companies

There are many ways in which a company can find itself being struck of the Register of Companies (the “Register”) and dissolved, and essentially ceasing to exist.  This can range from positive action by third parties, such as compulsory liquidation, or simple inaction by the company’s officials, such as failing to file accounts and respond to letters from the Registrar of Companies.  Striking off and dissolution do not occur at the same time, and it is possible for a company to be struck off but restored to the Register before it is actually dissolved. 

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Government Rule Out No Fault Dismissals

The Government has announced that, despite rumours to the contrary, it is not intending to reconsider the recommendation of the Beechcroft report on employment law, as was published in 2012, that employers should be able to dismiss employees without cause, on a “no fault” basis.

The report suggested that small firms be able to dismiss people without any reason, in return for some settlement or compensation agreement. This proposal was not advanced when the report was initially published, but following the Conservative party being elected as a majority government in this month’s general election, stories began to circulate that the idea was under fresh consideration.

However, this has now been dismissed by new Business Secretary Sajid Javid.

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Many Leave Families with No Inheritance Due to Wills

Millions of Britons could face a legal dilemma due to their loved ones not leaving a will according to research carried out by Macmillan Cancer Support.

According to their report, six out of ten stated that they had lost a loved one to find that they had not written a will with no clear indication of how the estate should be divided. A fifth of all respondents to the survey found that such issues led to a family dispute.

The most common reason for those not leaving a will was due to never getting around to do so, with one in three admitting that they promised something in their will but never granted it. Such actions, along with never having a will in place is one of the most common reasons for family disputes.

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Government to Act on “Back Door” Strike Action

The Government are set to deliver a manifesto promise of making significant changes to the strike laws that are in place in the UK.

In a move that has been welcomed by many businesses, the government are set to place a turnout quota on any ballot action in order to prevent unpopular, and in the eyes of many, unlawful strikes. It is proposed that under government plans, a strike affecting essential public services will need the backing of 40% of eligible union members, with a turnout of at least 50%.

Major sectors such as health, education and transport will need an even higher turnout in order to take legal industrial action.

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Former Woolworths Staff Lose Compensation Claim

Thousands of workers who became unemployed following the closure of High Street store Woolworths have lose their case for compensation.

The news comes following a decision by the European court of justice (ECJ) means that 3,200 ex-employees of Woolworth.

24,000 former staff of Woolworths were awarded compensation worth 60 days’ pay because the stores had been closed without consultation as a result of the financial crisis that affected numerous companies across the UK.

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Vicar Loses Employment Appeal After Court Deems He Is Employed By God

A vicar who suffered “years of hate” has lost his court of appeal case concerning his right to bring an action for unfair dismissal at an employment tribunal after it was deemed by a court that he was employed by God.

Reverend Mark Sharpe, claimed that he was forced out of his parish after having his tyres slashed, his post tampered with and the family dog poisoned in what he deems an attempt to remove him.

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Consumer Credit Act

Section 75 Claims

The majority of people know that if they are buying something, particularly online, they have greater protection if they use a credit card.  When pressed, they may be able to say that they would have a “section 75 claim” if something went wrong with the transaction, without being able to explain what this actually is.  This article aims to explain precisely what this means, and what the rules around this area of law are, in relation solely to credit card purchases.

The central rule is section 75 (unsurprisingly) of the Consumer Credit Act 1974 (the “Act”).  It specifies certain types of transactions to which the section applies, but for this article we shall focus on “debtor-creditor-supplier” agreements.  This definition encompasses purchases made on a credit card.  The item being purchased must cost more than £99.99, but less than £30,000.01.  It applies to goods and services.

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