Publications

Following on from our very successful Webinar with Dr Kelly Henderson in September 2021, Dr Henderson and Anna Bennett respond to some of the common practical and legal questions that come up when trying to assist survivors of domestic abuse.

What steps should Landlords be taking in response to the Housing Ombudsman’s ‘Spotlight on: Damp and Mould, it’s not lifestyle’ report?

I am frequently asked to advise Landlords and Managing Agents when issues arise in hostel accommodation and what steps they need to take to recover possession. In theory, this should be relatively straightforward.

On 9 March 2022 the Supreme Court handed down their decision in the case of Croydon London Borough Council v Kalonga [2022] UKSC 7, a case concerning termination of flexible tenancies prior to the expiry of the fixed term.

Issued every three months, the Banking Update provides you with a brief snapshot of what our team have been up to, as well as a look at any big sector updates or changes.

The Employment Appeal Tribunal (‘EAT’) has recently overturned a decision of the Employment Tribunal (‘ET’) which struck out a claim for unfair dismissal brought by an employee who was voluntarily redundant. The case emphasises that employers may still face liability for unfair dismissal, even where an employee has requested voluntary redundancy.

It was announced on 28 March 2022, by the Presidents of the Employment Tribunals, that the bands for injury to feelings awards, the so-called Vento Bands, are to be increased in England, Wales and Scotland. The new bands, as detailed below, are set to come into effect on or after 6 April 2022.

In the recent case of Law By Design Ltd v. Ali, the High Court confirmed that a 12 month non-compete restrictive covenant must be no wider than is necessary to protect the business interests, and can be more enforceable the more narrowly drawn the clause is.

The Electronic Money Regulations 2011 (“EMR”) and the Payment Services Regulations 2017 (“PSR”) clearly intend that e-money institutions should keep client money separate and safe, but the Regulations do not expressly state that the money is subject to a trust. Whether a trust nonetheless arises and, if so, at what point, is something on which the courts have not yet reached a settled view.

Two recent cases have resulted in different outcomes when the judges have sought to simplify the legal analysis.

The Renting Homes (Wales) Act 2016 (“the Act”) is set to come into force on 15 July 2022. For all new occupation contracts issued after the Act comes into force, landlords can use template model written contracts issued by the Welsh Government. Default terms included within those model contracts are those set out within the Act and any accompanying regulations.

In the recent case of Fentem v Outform EMEA Ltd, the EAT has confirmed that where an employee has resigned on notice, the bringing forward of their termination date and paying in lieu of notice, does not amount to a dismissal.