Limitations are placed on dilapidations claims by the Landlord and Tenant Act 1927. Under section 18(1) the amount claimed cannot exceed the diminution in value to the reversionary interest. Car Giant v Major and Burgesses of the London Borough of Hammersmith 2017 has highlighted that the courts are adopting a robust approach to claims. The […]
One of the region’s longest established Law Firms has been appointed as the legal representative of Darlington Building Society. Jacksons Law Firm, which celebrated its 140th anniversary last year, tendered for the work in December 2016 and was informed earlier this year of their successful bid. The two organisations have worked together in the past […]
This week, Gloucestershire County Council have come under fire as they were forced to apologise after an Ofsted report into its children’s services division found that “serious and widespread failures” were putting children at risk. A four-week inspection regarding child protection and safeguarding in Gloucestershire uncovered inadequate management, failures to identify poor social work, failure […]
In Goodlife Foods Limited v Hall Fire Protection the High Court re-assessed clauses in terms and conditions seeking to exclude liability for negligence. Under section 2(1) of the Unfair Contract Terms Act 1977 (UCTA) a clause cannot exclude negligence for death or personal injury. In Goodlife, a fire prevention system was installed in a warehouse. […]
The Upper Tribunal has recently made a surprising decision finding in favour of developers building in breach of a restrictive covenant with full knowledge, Millgate Developments and another v Smith and another. The development was on land subject to a restrictive covenant in favour of a neighbouring children’s cancer hospice. The hospice claimed the development […]
As we allow the result of the General Election to sink in, the Democratic Unionist Party has declared they will forge a coalition with the Conservatives. However it can be argued that resistance to the introduction of same-sex marriage by the DUP may pose an obstacle to any attempt of this coalition by the Conservatives. […]
Disability has always struck me as the odd one out among the nine protected characteristics covered by the Equality Act 2010 – with two additional causes of action (discrimination arising from disability and failure to comply with the duty to make reasonable adjustments), disability discrimination is perhaps more equal than the other protected characteristics, where […]
Jacksons’ property team was shortlisted earlier this year after submitting its nomination and was selected following an interview by a judging panel consisting of business leaders from the region. The team was up against some strong competition, described by the organisers of the awards as “the most fiercely competitive category”. In addition, the law firm […]
A break clause can be included in a fixed term lease and can be expressed as exercisable by either the Landlord or the Tenant, or both. The right to break may arise on an agreed fixed date, any time after a specified date or at any time throughout the lease term (known as a rolling […]
The IR35 rules reflect successive governments’ attempts to address a perceived form of tax avoidance whereby individuals provide personal service to a client or end-user through an intermediary rather than as an employee. The individual worker is hired out by the intermediary, sometimes via an employment agency, for a fee. In return, the intermediary, typically […]
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